‘How can you have that much hate,’ heartbroken mom asks son’s killer

CEDAR RAPIDS — A mother, who now has endured four prosecutions and sentencings of the four teens who fatally shot her 16-year-old son, Michael Alexander McCune on Feb. 18, 2023, said Monday there is “no normal, no way back to life” because one of her three children is forever absent.

“I never knew a heart could break so loud, so fierce, until the day my son died,” Kiana McCune, wearing a Justice for Michael T-shirt, said in a victim impact statement. “There’s an emptiness inside of me due to Michael’s death that will haunt me for the rest of my life.”

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The heartbroken mother said she had to listen to every shot being fired outside of their apartment as she was trying to protect her 3 year-old daughter and check on Michael who had just walked out the door.

“You walked around my building on a hunt and not one time did you think about what you were doing,” she told Baynon Berry, now 18, of Marion, who was being sentenced for second-degree murder in Micheal’s killing. “You ambushed my son and gunned him down in broad daylight without a care in the world for anyone’s life or the safety of all the families in those buildings. How can you have that much hate for someone?”

She will never get to see her “sweet, loving, funny, fearless, strong mama’s boy” again.

Kiana McCune asked the judge for a justice Michael deserved and to send a message to the community that murders will not be tolerated.

“It certainly will not bring my son back, but it will keep the defendant from committing anymore crimes, Kiana said. “Everyone deserves to be heard, the victims included, and I’m the voice for Michael McCune.”

Keonte McCune, Michael’s brother, in his statement said that day changed his life forever. He never thought that morning would end with his “caring, funny, protective and loyal” little brother being “brutally murdered” outside their home.

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He will never forget the “heart dropping” phone call from his mother, who was crying and saying “they are shooting.” He went home quickly to make sure his mother and brother were safe, but when he walked in the apartment Michael wasn’t there. He was already gone.

Keonte, also wearing the justice T-shirt with Michael’s image, told Berry he was a “disgusting human being,” who waited outside their home to ambush his brother.

“The defendant has not shown once inch of remorse, nor did he try to turn himself in, Keonte said. “I feel like he’s trying to get the least amount of sentence, which is wrong.”

Sentence

Sixth Judicial District Chief Judge Lars Anderson sentenced Berry to up to 50 years in prison for second-degree murder without a mandatory minimum, which the defense recommended. He considered all the juvenile factors — including age, family and home life, circumstances of the crime — required during sentencing because Berry was 15 when the deadly shooting happened.

Anderson didn’t think the mandatory minimum of 35 years to be served before the possibility of parole, as the prosecutor recommended, was appropriate. That is the mandatory minimum required by Iowa law for adults and Berry was only 15.

He also didn’t think a suspended sentence and probation was appropriate, which the defense recommended.

Berry did take some responsibility for his actions by pleading guilty, Anderson said, and he was giving him a second chance and it would be up to Berry to take advantage of it.

He also ordered Berry to pay $150,000 in victim restitution to Michael’s heirs, as required by Iowa law.

Berry, who was supported by family and friends in the courtroom, during sentencing apologized for his actions and the pain he caused. He said if he could go back and change it, he would. Berry also asked for “forgiveness of his sins.”

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Witnesses testify in first part of sentencing

Sara Lacina, a Cedar Rapids police investigator, who testified last month during first part of sentencing, that Berry denied his involvement with three other teens who all have been convicted in the planning and execution of Michael.

During Berry’s interview, where his parents were present, he denied being at the scene until Lacina showed him surveillance photos of himself and the others outside the Tan Tara Apartments, where McCune was shot, and Berry’s father also told police what happened.

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Devin Gardner, now 20, of Maquoketa, and Tramontez Lockett, now 19, stole a vehicle and then met up with Dante Irvin, now 17, of Cedar Rapids, and Berry to drive over to Michael’s apartment on Feb. 18, 2023. McCune was on a weekend pass from the training school and was staying with his mom, which Gardner and Lockett knew because they were friends with Berry.

Lockett, who Lacina called the linchpin of the incident, sent him Snapchat messages, asking him to meet up that day. He provided Berry and Devin Irvin with the opportunity to shoot McCune, she said.

Lockett lured McCune out of the apartment and Irvin and Berry, who both had guns, started shooting at McCune, Lacina said. Berry, who was running up the apartment, fired several rounds at McCune when he came outside. Then Irvin, also began shooting and chased McCune into another apartment entryway, killing him.

Irvin shot McCune eight times, she said. Berry’s shots didn’t strike McCune, she said.

Lacina said Berry, purportedly a member of a street group, “6 Block,” had a history with another street group associated with McCune, who had shot and paralyzed Berry’s friend.

Lacina said Berry sold his gun in Chicago, where he eventually fled after the shooting.

Daniel Tranel, neuropsychologist and professor with University of Iowa Health Care, testified about testing conducted of Berry to determine his cognitive and behavioral functioning and his judgment and decision making.

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Tranel said, based on the testing and interview with staff, Berry understood his actions and their consequences. He didn’t indicate he was influenced by peer pressure from any of his co-defendants, as the defense argued.

Tranel said Berry’s capacity for meaningful change — rehabilitation — is “likely low” because of his personality trait of impulsivity and not thinking through the consequences. Berry said he didn’t remember the day, except for smoking marijuana, and provided little information. If he had remorse, he would have been more forthcoming, Tranel said.

Chad Brownfield, a forensic psychologist in Rock Island, Ill., testifying for the defense, said he evaluated Berry but wasn’t able to use his personality assessment because it wasn’t valid. Berry was being too defensive to get an accurate report, Brownfield said.

A cognitive test scored Berry high in his decision making skills, Brownfield said. He scored moderate for emotional maturity. According to records, Berry had been in fights in jail.

Brownfield rated him as “high” for the possibility to change and rehabilitate.

On cross, Brownfield said Berry’s defensiveness to him and testing was unusual because Brownfield’s testimony and test results could help Berry.

Berry told him he was high at the time of the incident and just went along for the ride at the “spur of the moment.” Berry admitted to being 70 to 80 percent responsible and he expressed some remorse.

Trish Mehaffey covers state and federal courts for The Gazette.

Comments: (319) 398-8318; trish.mehaffey@thegazette.com