Jury finds Derrick Roberts guilty of lesser charges for van shooting

Derrick Roberts, 25, of Cedar Rapids, was found guilty today on lesser charges of shooting a woman last year that prosecutors claimed was the result of a donut being accidentally thrown at Roberts.

The Linn County jury came back with a verdict about 1:20 p.m. after deliberating two days.

Roberts was found guilty of assault with intent to inflict serious injury, an aggravated misdemeanor, instead of felony attempted murder, and guilty of intimidation with a dangerous weapon, assault causing serious injury, going armed with intent and guilty of going armed with a concealed weapon.

Sentencing is set 1:30 p.m. July 16. Roberts faces up to 19 years in prison.

Roberts shot Delores Smith as she sat in a parked van April 29, 2009. Roberts testified he didn't intentionally shoot her. He was shooting at the van because he knew it belonged to the Allen family, who he had a confrontation with earlier that day.

Mildred Allen had thrown a donut at him in the Mission of Hope parking lot and while arguing with her about it, one of her nephews, Lovie Allen, threatened him with a gun. Roberts said he was scared of Lovie because he was a gang member of the Black Disciples.

Lovie Allen testified he was a former member of that gang but wasn't at the time of the shooting or today. He was just defending his aunt that day. Lovie said Roberts spit on him in the parking lot and that he didn't have a gun.

After the confrontation, Roberts said he went back to the apartment where he was staying, which was upstairs from Mildred Allen, and he saw Lovie standing outside a van. Roberts thought Lovie was reaching for a gun, so he fired shots at the van. Roberts said he didn't know there anyone else was in the van.