Possible trial delay for Cedar Rapids man charged in Taboo Club fatal shooting

CEDAR RAPIDS — A prosecutor wants to delay the trial for a Cedar Rapids man who is accused of fatally shooting his girlfriend and another man and injuring others last April inside a downtown club.

Assistant Linn County Attorney Mike Harris, during a hearing Thursday, said a Cedar Rapids police crime scene investigator won’t be able to testify at trial for Timothy L. Rush, 33, later this month because she will be on medical leave. An FBI forensic examiner also can’t testify due to other work commitments, he said.

Harris asked if the trial set for March 28 can be moved to later in April or May. The delay wouldn’t prejudice Rush because the trial would still start within one year of his speedy trial demand, he said.

Both witnesses are central to the prosecution’s case because they will testify about the crime scene, shell casings and the weapon believed to be used in the shooting at the Taboo Nightclub and Lounge on April 10, 2022, Harris said.

Tyler Johnston, Rush’s lawyer, said he opposed the delay because Rush hasn’t waived his one year speedy trial demand. Also, Johnston is retiring April 7, so if the trial doesn’t go March 28, he won’t be able to continue as Rush’s lawyer.

Johnston said he is open to having the witnesses do video recorded depositions and testimony, if possible.

Sixth Judicial District Judge Sean McPartland said they have used video depositions and testimony in other cases. He suggested Harris find out if those were possible because if Johnston can’t continue with his defense, that would likely prejudice Rush.

The judge took the continuance of trial under advisement until Harris can determine whether video testimony is possible.

The trial remains set for March 28 for now.

Rush is charged with two counts of second-degree murder and 14 other felonies: three counts of willful injury causing serious injury; intimidation with a dangerous weapon; three counts of reckless use of a firearm causing serious injury; three counts of willful injury causing bodily injury; three counts of reckless use of a firearm causing bodily injury; and felon in possession of a firearm.

He is accused of fatally shooting Nicole Owens, 35 — his girlfriend and mother of a his 1-year-old daughter — and Marvin Cox, 31, both of Cedar Rapids. Cox was initially seriously injured and was on life support, but later died from his gunshot injuries.

The criminal complaint states that Rush “fired intentionally and indiscriminately,” with what police believe was a 9 mm handgun, into the large crowd at the club.

After further investigation, an amended complaint stated Rush also shot Alazia Cotton and Makayla Stokes, causing them serious injuries, and Traniece Worley, Denise Triplett and Richard Nicksion, who suffered bodily injuries.

According to the complaint, 10 people were shot, but the other victims are not named.

Rush, whose lawyer said he worked security at the club on weekends, was captured on video surveillance at the Taboo nightclub carrying a gun the morning of the shooting, a criminal complaint stated. The video also captured the shooting.

The video showed Rush running out of the club after the shooting, according to the complaint.

Rush will claim self-defense or defense of others at trial.

The other man charged in the shootings, Dimione Walker, 29, was convicted of first-degree murder in the fatal shooting of Michael Valentine, that same night in Taboo. He was sentenced to life in prison without the possibility of parole.

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