Judge denies moving ‘violent’ robbery, assault for 17-year-old to juvenile court

IOWA CITY — A judge denied moving a teen’s robbery and assault charges to juvenile court because of the “extremely egregious and violent nature of the offense” and his significant history of “unlawful and violent acts.”

Sixth Judicial District Justin Lightfoot, in his ruling, said Malachi Thomas, 17, is accused of being a part of a group of juveniles who attacked and robbed an individual, Kevin Burns, on June 3, in Mercer Park. Burns sustained significant injures, according to testimony Wednesday during a transfer hearing, and recently had surgery to repair his orbital bone fracture and he still doesn’t have full vision.

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Investigators also found a video on Thomas’ cellphone, which showed Burns on the ground and his face is swollen, according to the ruling. Thomas is also kicking Burns while he down on the ground and Thomas is saying racial epithets toward the man. The juvenile court officer’s report also stated Burns was a stranger to Thomas, Lightfoot noted in his ruling.

Lightfoot also considered Thomas’ past contacts and history with juvenile authorities. He had a “tumultuous” childhood. Had no relationship with his father and his mother struggled with substance abuse and mental health issues. Thomas was designated a child in need of assistance -CINA — twice in Woodbury County, where he lived most of his life and stayed in multiple foster homes and shelters.

As Thomas’ lawyer pointed out, his childhood lacked adult role models who didn’t have personal involvement in his life, Lightfoot said in the ruling.

Thomas has a significant history of juvenile delinquencies and considerable history of absconding from residential placements. At the time of this offense, he was under supervision in Woodbury County Juvenile Court for charges of first-degree harassment and assault causing bodily injury.

He also has pending charges of harassment in Wapello County, which stemmed from a placement at American Home Finders in Ottumwa, where he absconded, according to the ruling.

While pending this Iowa City case, he was charged with assault with intent to inflict serious injury in Woodbury County for “hitting, biting and spitting” on detention staff members earlier this month on July 10, the ruling stated.

Lightfoot also consider the programs that would be available to Thomas in juvenile court, but because of his age and history with other placement, the only option would be placement at the Iowa State Training School in Eldora.

“But there are a few issues with his placement there,” Lightfoot pointed out. “First, he must be placed there prior to turning 18. Defendant turns 18 in very early January 2026 — just over five months away. Second, the placement is limited to 18 months, but in reality would likely be much shorter. Third, and most concerningly, the Training School is not a completely secure facility.”

Based on Thomas’ history of absconding, the judge has “significant concern” he would flee and rehabilitation wouldn’t be successful, along with his repeated “acts of violence,” which suggests a secure facility is necessary to protect the community.

If Thomas’ case remains in adult — district — court and is convicted, he faces up 35 years in prison but the court would have discretion to run those charges concurrently for 25 or consecutively for the full 35 with no mandatory minimum applied. A judge could also place Thomas on supervised probation with conditions in the district court, which isn’t an option in juvenile court once a sentence is served.

Lightfoot concluded there are not reasonable prospects for rehabilitation in juvenile court and denied the reverse waiver.

Trish Mehaffey covers state and federal courts for The Gazette

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