Iowa City shooting witness wants his case dismissed

The attorney for the man being held as a material witness in connection with the Oct. 8 death of John Versypt is asking for his case to be dismissed.

Justin A. Marshall, 19, has been sitting in the Johnson County Jail since Nov. 18, after police said Marshall, who lived at 1958 Broadway Apt. 5C at the time, provided statements that were proven to be incorrect through conversations with other witnesses.

Marshall's attorney, Sarah Majerus of Iowa City, said the material witness complaint is not supported by probable cause and should be dismissed, according to Johnson County District Court documents filed Monday.

She said Marshall's federal and state constitutional rights are being violated, referring to the fifth and 14th amendments of the United States Constitution that allows for due process and equal protection of law.

As a material witness, Majerus said Marshall doesn't have any of the safeguards of criminal proceedings, such as the right to a speedy trial.

Iowa City Police Lt. Jim Steffen, head of investigations, explained that material witness warrants are used when police believe a person has or will have information needed for an investigation, but may be unable to be reached. He couldn't say why Marshall was being held, saying police can't comment on active investigations.

Police said Versypt - a landlord at the Broadway Condominiums - was found dead from an apparent gunshot wound to the head. They believe he may have been robbed.

According to court documents, Marshall changed his story multiple times about his knowledge of the shootings and the events that occurred immediately before and after the shooting, including admissions made to him by other people.

Police said suspects are actively being pursued, but no names have been released.