Judge denies lower bail for man charged in Cedar Rapids nightclub shooting

CEDAR RAPIDS — Timothy Ladell Rush, one of the two suspects in this month’s fatal shooting in a downtown nightclub, was working security at the lounge during the attack and was trying to protect his girlfriend, his defense attorney told a judge Thursday.

Court records show Rush, 32, was captured on surveillance video carrying what was believed to be a 9 mm gun in the club even though he is a felon barred from carrying weapons. Records also show that ammunition found during a search of Rush’s house matched 9 mm casings found at the scene where Nicole Owens, 35, of Cedar Rapids, was shot to death. Rush is the father of a baby with Owens, records show, and his lawyer said Thursday he was Owens’ boyfriend and wanted to go to her funeral.

A judge Thursday denied a defense request to lower bail for Rush, saying the $1.5 million bail was reasonable based on the second-degree murder and other charges.

Rush is accused of fatally shooting Owens, the mother of his 1-year-old child, and seriously injuring Marvin Cox, who was shot in the head during the shooting April 10 at the Taboo Nightclub and Lounge. Rush is charged with second-degree murder, willful injury, intimidation with a dangerous weapon, reckless use of a firearm and possession of a firearm as a felon.

Court records say Rush fired “intentionally and indiscriminately” into a large crowd in the club after an initial shooting, “resulting in shooting both Owens and Cox and possibly several others.”

Tyler Johnston, his lawyer, who appeared from the Linn County Jail by video with Rush for the court hearing, asked 6th Judicial Associate District Judge Russell Keast to release Rush to the supervision of the Department of Community Correctional Services with GPS monitoring, so he can attend Owens’ funeral Friday.

Johnston said Rush is innocent of the charges and isn’t a flight risk. He has three children and has lived here since 2011, Johnston said.

Rush was working security at Taboo that night, as he usually did on the weekends, Johnston said told the judge. The Gazette previously reported Rush had written on an affidavit that he worked at the club — without saying what his job was — but was no longer employed.

Assistant Linn County Attorney Shayl Wilson asked the judge to leave the bail at $1.5 million and $10,000 cash-only on the possession of a firearm as a felon charge. Given the nature of the charges, the bail would protect the community and ensure Rush be at court appearances, Wilson said.

Wilson also noted Rush was convicted in 2014 on a federal gun charge, serving five years, and in state court for possession of an offensive weapon.

None of the victims’ families attended the hearing Thursday. Besides media, only two people, who seemed to be family or friends of Rush, were in the courtroom but immediately left after the judge adjourned the hearing.

During the shooting, Michael Valentine, 25, also was killed, and 10 others were injured during the melee at the club.

The U.S. Marshals Service on Monday tracked down Dimione Walker, 29, in Matteson, Ill., who was wanted in connection with the shooting. Walker is charged with first-degree murder, intimidation with a dangerous weapon, going armed with intent and felon in possession of a firearm. He was also wanted by Illinois authorities in connection with parole violations for possession of a weapon.

Walker waived extradition and will be brought back to Iowa to face the charges in the shooting. Until then, a criminal complaint outlining more details of the charges has not been made public.

This week, a Gazette reporter asked Linn County Attorney Nick Maybanks if he could explain why Rush was charged with second-degree murder instead of first-degree like Walker.

Maybanks said he couldn’t provide more information than what is in court records, but did explain that for first-degree murder the evidence must prove it’s a premeditated act that is directed at a specific individual. Evidence for second-degree murder must prove it’s an intentional act — like shooting into a crowd — but there isn’t a specific intent or premeditation to shoot a specific person, he said.

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