Judge will decide verdict for Cedar Rapids man accused of killing his mother

CEDAR RAPIDS — A Cedar Rapids man accused of fatally assaulting and robbing his 71-year-old mother in 2020 has waived his right to a jury trial and will have a bench — non-jury — trial next month in Linn County District Court.

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Also, the charges against George Deason, 52, will be amended Monday, Assistant Linn County Attorney Andrew Powers said during a Friday pretrial hearing.

Deason, originally charged with first-degree murder, now will be charged with second-degree murder. The other charges of assault on a peace officer with a dangerous weapon and interference with officials acts with a dangerous weapon will remain the same.

If convicted of second-degree murder, Deason will face up to 50 years in prison, instead of life in prison without the possibility of parole.

Deason is accused of fatally beating his mother, Elsie Mae Deason, in an attempt to steal about $50 from her in her southwest Cedar Rapids home, where he also lived, on June 30, 2020.

Elsie Deason died from her injuries about a month later, on July 23, 2020. She had severe head injuries and facial injuries, according to court documents.

Sixth Judicial District Judge Sean McPartland, during the hearing Friday, suggested the defense and prosecution submit written opening statements, since there will not be a jury, so he could review them in advance, and then they could start with evidence Nov. 7.

Both Matt Shimanovsky, Deason’s lawyer, and Powers agreed to provide written statements.

McPartland also mentioned he might have them handle closing arguments ithe same way.

In a bench trial, a judge decides a verdict and provides a written ruling, which he or she has months to file, unlike a jury, which must decide a verdict and start deliberations as soon as the evidence is presented and closing arguments are delivered.

McPartland said he was concerned about when he might be required to provide his verdict because he is retiring in February and will take senior status, but he doesn’t know whether he is required to make the verdict before he retires.

If that’s the case, then the defense and prosecution will have to make any post-trial motions — additional arguments they want the judge to consider — in a shorter amount of time following the trial.

Trial delayed

This trial has been delayed many times because both the prosecution and defense needed more time to prepare for trial and to go through all the evidence, including police body camera and squad vehicle camera recordings, and to take depositions.

Some of the delays resulted because Deason asked the court to replace his court-appointed lawyers a few times.

The trial is expected to last two weeks.

What happened

According to a criminal complaint, when police responded to a call that Deason had assaulted his mother in her home at 808 18th Ave. SW, they found her with severe injuries, and she was taken to a hospital. Deason wasn’t at the house when police arrived.

He was found by police a short time later near the Playtime Tap, 802 15th Ave. SW, a complaint stated. He had several warrants for his arrest, in theft and forgery cases, and refused to surrender, claiming he had a gun as he began to swing a “slapjack” — a leather strap that contains lead — at officers.

Officers subdued Deason, and he kicked an officer while armed with the slapjack.

According to court documents, Deason’s sister, Deborah Deason, filed two protective order petitions on behalf of her mother against her brother, but both were dismissed shortly after they were filed.

One petition, filed July 5, 2019, claimed Deason wasn’t feeding his mother, had thrown away all the food, pushed his mother down and threatened to put her in a home.

A judge granted the temporary order, but Deborah Deason didn’t show up for the hearing to make the protective order permanent, so it was canceled July 23, 2019.

Another petition, filed by Deborah Deason for her mother shortly after the first was canceled, asserted George Deason had pushed their mother again, didn’t feed her for two days and broke things in the home, including all the phones, so her mother couldn’t get help.

Deborah Deason requested that petition be dismissed Aug. 26, 2019, and a judge granted it. There’s no information in the files to explain why she asked for the dismissals.

George Deason remains in the Linn County Jail on a $1 million cash-only bail pending trial.

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