Trial reset fifth time for Marengo man accused of shooting his friend in 2016

CEDAR RAPIDS - An attempted murder trial for a Marengo man accused of shooting his friend in southeast Cedar Rapids in 2016 was reset Thursday to May 21 due to a defense attorney coming down with the flu.

David Clancy, 60, is charged in Linn County District Court with attempted murder, willful injury resulting in serious injury and going armed with intent. He is accused of shooting Paul Tillman on May 24, 2016 at 1016 Eighth St. SE.

A criminal complaint shows Tillman was shot twice in his right arm and back. Doctors were unable to remove a bullet near his spine.

Tillman told police Clancy had fired at him during an argument over a debt, according to the complaint. Three shell casings were recovered at the scene but Clancy left the area after the shooting. He was arrested the following day at his residence in Marengo.

Dillon Besser, one of Clancy's attorneys, asked the court to reset the trial, set to start Monday, because the lead attorney, Al Willett, was diagnosed this week with influenza A and is 'highly contagious,” according to a motion filed this week. He hasn't been able to do any work in this case all week and will not be back in the office until Monday.

Assistant Linn County Attorney Jordan Schier resisted, arguing this is the fifth continuance in this case. Clancy has changed attorneys three times, which has left this case pending nearly two years, Schier cited in his motion.

Schier, in his motion, also told the court that the state has had to pay expenses for out of state travel for one of the key witnesses and another is undergoing treatment for cancer. Another delay wasn't fair to the prosecution or the victim.

6th Judicial District Judge Chad Kepros granted the defense's motion and reset the trial to May 21.

Clancy, if convicted on all charges, faces up to 40 years in prison.

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