Juvenile detention lacks space to keep 5 minors involved in fatal shooting separate

CEDAR RAPIDS — A Linn County Juvenile Detention Center assistant director testified Tuesday that they are having difficulty keeping five juveniles separated from one another that were involved in the fatal shooting of 16-year-old Michael McCune.

Assistant Director William Wright said they only have staffing for three living pods but have made four to accommodate the juveniles with no contacts orders — meaning they can’t have communication with each other pending their trials.

Tramontez Lockett, 16, hasn’t been receiving educational services because he has no contact orders with four others, Wright said.

Assistant Linn County Attorney Molly Edwards asked 6th Judicial District Chief Judge Lars Anderson to move Lockett because he is the oldest of the five — he will turn 17 in July — and was one of the first charged with first-degree murder in adult court.

Since Wright reported the issues, there have been two others, Devin Gardner and Baynon Berry, 16, charged as adults who participated in the crime, Edwards said.

Wright said the four others have been rotating in and out of school classes at the center but it’s become more difficult. The center doesn’t have enough teaching staff and there are safety concerns with the no contact orders in place, he said.

Amber Foley, Lockett’s lawyer, asked Wright if each child had a bedroom in the living pods and locks on the doors.

Wright said they did.

Foley asked if the center had video capabilities in which students could receive schooling by video, which would allow Lockett or the others to not be in a classroom together, but Wright said they didn’t have cameras for the computers provided by Grant Wood Area Education Agency.

Edwards said Lockett and the other four have charges stemming from McCune’s fatal shooting. Even if school will be out in June, the center still has the four living pods they can’t staff and Lockett won’t be able to participate in other activities offered by the detention staff in the summer because of the no contact orders.

Edwards said a bed at an adult facility, where Lockett can be held “out of sight and sound” from adults, which is required by Iowa law for juveniles, isn’t available now, but the prosecution is asking the court to file an order, so the next available bed can go to Lockett. Lockett would remain in juvenile detention until then.

Foley asked the judge to deny moving Lockett to an adult jail. She pointed out that the center allowed the juveniles more flexible access to their families and attorneys in person or by phone, which is free at the center, but if Lockett was moved to an adult facility that flexibility isn’t available.

She also said they have a reverse waiver to juvenile court pending and it’s not appropriate to move Lockett to an adult facility if his case has a chance to be moved back to juvenile court.

Lockett hasn’t had any behavioral issues in detention and no incidents with the others in the no contact orders, she noted.

Judge Anderson took the issue under advisement and will file a written ruling.

Juveniles charges

Lockett is charged with first-degree murder, conspiracy to commit a forcible felony, first-degree theft and going armed with intent.

Berry, who was just waived into adult court last week, will be charged in adult court with first-degree murder, conspiracy to commit a forcible felony, going armed with intent and a probation violation.

The two are accused of conspiring with Dante Irvin, 15, who is charged with first-degree murder in juvenile court, and Devin Gardner, 16, who was waived to adult court, in a “targeted” attack on McCune over past conflicts, according to criminal complaints.

Gardner is charged with first-degree theft, conspiracy to commit a forcible felony and accessory after the fact, a complaint stated.

According to a criminal complaint, police found McCune with eight gunshot wounds around 11:30 a.m. Feb. 18 inside the entryway of an apartment at the Tan Tara Apartments, 1640 F Ave. NW.

Lockett and one of those individuals were seen on video surveillance at the Kum & Go, 2604 16th Ave. SW, and identified as the two who stole a 2019 Toyota RAV4 from that location the day of the fatal shooting, according to the complaint.

Lockett and that individual met two others and all four went to the Tan Tara Apartments in the stolen SUV, the complaint stated.

McCune’s phone showed Lockett had been messaging him through Snapchat and had arranged to pick up McCune at the apartments, according to a search warrant affidavit and complaint.

When the three saw McCune, the two individuals with Lockett started shooting at McCune. One of the individuals ran into the apartment building, continuing to shoot at McCune at close range.

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