Judge won’t dismiss murder charge against Cedar Rapids man in killing of Chris Bagley

CEDAR RAPIDS — A judge will not dismiss the first-degree murder charge against a Cedar Rapids man accused of hiring two men to kill Chris Bagley in 2018, ruling the evidence supports the charge.

Sixth Judicial District Judge David Cox also granted two motions in favor of Andrew Shaw, 36, of Cedar Rapids, charged with first-degree murder, solicitation to commit murder and conspiracy to commit forcible felony. He is accused in the fatal stabbing of Bagley, 31, of Walker, which was carried out by two other men who Shaw paid for committing the crime, according to a criminal complaint.

Last month, Shaw’s lawyers, during a motion hearing, argued the prosecution can’t prove two theories behind the charge — joint criminal conduct and aiding and abetting in the crime.

For the joint criminal conduct theory, there must be two separate crimes — a crime that a defendant knowingly participated in and a second or resulting crime that is unplanned but could be expected because of the first, the defense argued.

There was an assault — Bagley being stabbed — and the murder, but those aren’t separate crimes, according to the defense’s argument. The prosecution also doesn’t have any alleged facts that distinguish between the allegations of aiding and abetting and solicitation, the defense argued.

Cox, in denying the motion, said the prosecution’s minutes of testimony — summary of evidence — support either theory.

Shaw intended for Johnny Blahnik Church, formerly known as Drew Blahnik, 37, of Marion, and Drew Wagner, 39, of Cedar Rapids, to kill Bagley, the prosecution argued. In the alternative, if Shaw didn’t intend for Blahnik Church and Wagner to kill Bagley, then he engaged in solicitation of the assault, and it was foreseeable the assault — stabbing — could turn into a fatal stabbing, a prosecutor argued.

Information about Shaw’s federal conviction is excluded

The defense, also during that hearing, asked the court to exclude evidence from trial that Shaw participated in distributing drugs and that he was convicted in federal court for marijuana trafficking because they aren’t relevant and would be prejudicial to Shaw.

Cox said the prosecution’s theory is Bagley and Shaw were both involved in distributing drugs and Bagley had several “run ins” with Shaw or his associates. The prosecution will argue Bagley committed robberies against Shaw, which led to additional “confrontations” between the men.

There also will be other testimony about Shaw paying Wagner and Blahnik Church in drugs or money for killing Bagley, and Blahnik Church attempted to get another man to help by offering him a job with Shaw’s trafficking operation, according to the ruling.

Cox said the defense’s argument that Shaw’s drug activities aren’t relevant doesn’t have any merit. Any evidence showing Shaw was convicted of drug trafficking or any evidence of drug activities around the same time of the killing “would help make the prosecution’s case,” the ruling stated.

However, Cox will exclude evidence of the federal conviction, which isn’t necessary and could be more prejudicial to Shaw.

The defense also asked the court to exclude evidence of Wagner and Blahnik Church concealing the body by burying it on Wagner’s property because Shaw wasn’t involved in those actions and he wasn’t charged with abuse of a corpse.

Cox, in the ruling, said the prosecution has to prove first-degree murder, so the actions taken after the killing in the conspiracy are relevant. Actions of trying to cover up a crime can show guilt, he noted.

Cox also ruled in favor of the defense regarding Blahnik Church’s testimony transcript. The prosecution will not be allowed to use it because it’s hearsay, according to the ruling.

Blahnik Church is serving 57 years in prison for Bagley’s killing and also is serving time for assaulting another inmate while he was in the Linn County Jail.

Wagner, who pleaded to voluntary manslaughter, assault while participating in a felony, conspiracy to commit a forcible felony, abuse of a corpse and obstruction of prosecution, was sentenced to 47 years.

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