Judge considers another hearing on man’s ‘stand your ground’ defense in fatal Ped Mall shooting

IOWA CITY - A judge wants more time to decide if an evidentiary hearing is necessary to determine if an Iowa City man, claiming the 'stand your ground” defense in a fatal shooting on the Pedestrian Mall in August, is entitled to prosecutorial immunity.

Lawyers for Lamar Wilson, 21, filed three motions Friday that need to be taken up before his Nov. 7 trial begins. Sixth Judicial District Judge Paul Miller plans to deal with the immunity question before considering the other motions for a change of venue and severing a gang participation charge Wilson also faces.

No action was taken during Friday's hearing. The judge plans to set a hearing for Thursday, at which time he will decide whether an evidentiary hearing - that other states allow regarding the 'stand your ground” law - is necessary. The hearing would basically be a 'mini-trial” to determine if Wilson was defending himself against a threat of deadly force.   

Wilson is charged with first-degree murder, two counts of attempted murder, three counts of intimidation with a dangerous weapon and criminal gang participation. He is accused of shooting Kaleek Jones, 23, and two other men on Aug. 27. Jones later died as the result of a gunshot wound to his back and neck.

John Bruzek, Wilson's lawyer, argued in his motion deadly force may be used 'when defending against an imminent threat of deadly force, or the actual use of deadly force by an assailant,” according to Iowa law. He also said Wilson is entitled to immunity, similar to police officers, and the court should dismiss the charges because Wilson didn't commit a crime.

Bruzek asked for the evidentiary hearing on the immunity issue.

The prosecution, in its resistance, said Iowa law doesn't provide a right to immunity and doesn't grant the court any authority to find Wilson immune from prosecution. The motion points out the law provides immunity from criminal or civil 'liability for all damages,” if certain elements are found, but there is no mention of prosecution.

Other states have more 'elaborate” immunity provisions, but their language in the provisions are different, Johnson County Attorney Janet Lyness and Assistant County Attorney Rachel Zimmerman Smith argue in their motion.

The prosecutors argue the legislature uses the term 'liability” as opposed to 'prosecution,” - so as not to provide immunity from prosecution for anyone who kills someone and claims justification.

Miller, during Friday's hearing, directed the prosecution to look at specific case law that says 'prosecution” and 'liability” are interchangeable.

The defense pointed out that a Polk County district judge in another claim of immunity case, said the new law grants criminal and civil immunity to the person using deadly force.

However, the law doesn't define under what circumstances a person would be found to be immune from prosecution, Judge Robert Blink said in the ruling.

The legislature has given 'criminal defendants new rights and limited the state's authority to charge, arrest, try and punish” under the 'stand your ground” defense, Blink said in his ruling.

Blink didn't grant immunity in his murder case because it happened before the 'stand your ground” law was enacted.

Miller told the lawyers if an evidentiary hearing is granted, it may be held the week of Nov. 7 and the trial may be bumped to after Thanksgiving.

Wilson, who remains in jail on a $1 million cash only bond, has demanded his speedy trial right, which means it must start before Dec. 6.     

If convicted of the murder charge, Wilson faces life in prison without parole.

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