Linn and Johnson prosecutors: Felony gun violations surging

Felony gun crimes have increased dramatically — even tripled for some categories — in Linn and Johnson counties since 2019, which prosecutors attribute to law changes and more people choosing to resolve disputes with violence.

The gun charges that account for these increases include counts for possession of a firearm by a felon, intimidation with a dangerous weapon, going armed with intent and trafficking in stolen weapons.

In Linn County, possession charges went from 15 in 2019 to 52 so far this year. Trafficking charges jumped from six in 2019 to 30 so far this year. Johnson County is seeing increases in possession charges, from 21 in 2019 to 50 so far this year.

Linn County Attorney Nick Maybanks noted the numbers for Linn County don’t even include other crimes such as homicides and robberies, where a gun may have been used. There are 12 pending murder trials and numerous robberies and attempted murder trials.

“We will continue to aggressively pursue gun crimes because there seems to be a free flow of firearms in the community,” Maybanks said. “There has been a cultural shift and some are resolving their issues with violence.”

As an example, a Cedar Rapids man was charged earlier this month after authorities said he settled a fight by pulling out his .22 caliber handgun and shooting and injuring the other man.

According to a criminal complaint, Taylor Deres, 36, at the end of the fight with William Bishop, stated, “Oh yeah,” pointed the gun at Bishop and shot him. Deres said he “just reacted” when he fired. Bishop was struck in the upper chest, causing what appeared to be a “graze wound.”

Deres told police he shot Bishop in order to scare him but was aiming for his legs. Deres is charged with willful injury resulting in bodily injury, a felony, and use of a dangerous weapon in the commission of a crime, an aggravated misdemeanor. If convicted, he faces up to seven years.

Maybanks and Johnson County Attorney Janet Lyness agreed that the increases in gun charges are attributed to gun law changes — such as that carry permits are no longer required in Iowa. Maybanks acknowledged that individuals have a constitutional right to carry a firearm, but if they have been convicted of a felony or use the gun illegally, they have no such right.

Many advocates who argued for the law change say guns are needed for protection. But “we’re not seeing people being heroes in these situations,” Maybanks said. “We’re seeing them commit crimes.”

Lyness said it used to be that Johnson County didn’t have reports of gun shots being fired, but now that occurs almost weekly. As a result, law enforcement has tried to focus on “these dangerous situations” and making arrests.

“We also have started working on a Community Violence Prevention Program that includes law enforcement and the community to try to prevent these crimes,” Lyness said. “Our goal is to decrease gun violence in our county.”

Linn County has a similar Group Violence Intervention strategy.

Both prosecutors are concerned about what lawmakers have done in the last few years to loosen gun regulations in Iowa. Maybanks spoke out against a gun rights amendment to the state constitution, as did Linn County Sheriff Brian Gardner and Linn County Board of Supervisors among others. Voters overwhelming approved the amendment in the elections earlier this month.

The amendment adds the right to bear arms to Iowa’s constitution, with the stipulation that any law that attempts to restrict this right would be subject to “strict scrutiny” in court.

Maybanks said strict scrutiny — a judicial standard of review — is nearly an “impossible test.” The amendment would make it difficult to introduce gun restrictions in the future, and may make existing gun laws — including those that prevent felons and domestic abusers from possessing firearms — subject to being overturned.

Lyness said was concerned about how the charges would increase after lawmakers passed the “unneeded and dangerous stand your ground” legislation in 2017.

In a case Lyness prosecuted, Lamar Wilson, 28, originally charged with first-degree murder and other charges, attempted to claim immunity under Iowa’s stand your ground law. Wilson fatally shot Kaleek Jones, 22, and seriously injured two others Aug. 27, 2017, on the Pedestrian Mall in Iowa City.

Wilson was convicted of a lesser charge of voluntary manslaughter, two counts of assault with intent to inflict serious injury and intimidation with a dangerous weapon. A judge then denied Wilson immunity, ruling the shootings were not justified.

A continuing problem, Maybanks said, is the number of guns stolen from vehicles. When a gun is stolen — or a stolen gun is provided to another — it makes it more difficult to track down the offender, which has happened in a large number of cases. The majority of these incidents happen because vehicles are left unlocked.

Cedar Rapids Police Chief Wayne Jerman encourages gun owners to use and store their weapons responsibly — in a home or a vault.

There have been 58 firearms stolen from vehicles from Jan. 1 to Nov. 22, according to Cedar Rapids Police Department statistics, slightly up from 56 last year but a larger increase from 36 in 2019.

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