Judge denies motion to dismiss charges for accused Taboo shooter

CEDAR RAPIDS — A judge has denied a motion to dismiss the first degree murder charge against Dimione Walker — one of two men accused in April’s fatal shooting inside the Taboo Nightclub & Lounge.

The motion, filed earlier this month by Walker’s attorneys, claimed that his right to a speedy trial was violated because his trial did not take place within 90 days of the trial information being filed. Sixth Judicial District Judge Andrew Chappell heard arguments Monday during a hearing and denied the motion Wednesday.

Walker, 28, of Coralville, is accused of killing Michael Valentine, 25, in the April 10 shooting at the downtown Cedar Rapids club. Police said another man, Timothy Rush, 32, of Cedar Rapids, killed two others. Ten people were injured.

Walker’s trial information was filed in May, before he had been extradited to Iowa. The prosecution filed a good cause motion, which was approved by a judge in June. It detailed the difficulties with extraditing Walker from Illinois after he was arrested by U.S. Marshals near Chicago about a week after the shooting.

Walker was wanted in Illinois for parole violations for possession of a weapon. Illinois made him serve his time in Illinois and would not extradite Walker to Iowa, Linn County Attorney Nick Maybanks, who testified in Monday’s hearing, said.

Walker’s lawyers argued that the good cause motion should be reconsidered since Walker was not in Iowa when it was approved and did not have the opportunity to dispute it.

Chappell, in a ruling filed Wednesday, upheld the previous good cause motion.

“The Court finds the reason the State offers for the delay in these proceedings is strong enough to establish good cause exists,” Chappell wrote in his ruling. “Here, the testimony provided by County Attorney Maybanks establishes that the State was in no way sitting on its hands waiting for Defendant to become available. The State followed normal protocols and appears to have been led to believe Defendant would be returned in a timely manner.”

Rush was charged with fatally shooting his girlfriend, Nicole Owens, 35, the mother of his 1-year-old child, and Marvin L. Cox, 31, who initially survived but then died July 24 from his injuries.

Rush is charged with two counts of second-degree murder; two counts of willful injury causing serious injury; two counts of reckless use of a firearm causing serious injury; three counts of willful injury causing bodily injury; three counts of reckless use of a firearm causing bodily injury; one count of intimidation with a dangerous weapon; and one count of possession of a firearm as a felon.

Walker’s trial is scheduled to start Nov. 8 in Linn County District Court.

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