Supreme Court denies further review of Cedar Rapids murder; new trial will proceed

The Iowa Supreme Court denied further review last week of a granted appeal for Jacovan Bush, convicted of first-degree murder in 2008, and a new trial is set for March 28 in Linn County District Court.

Bush, 20, of Fairfax, was convicted of shooting and killing Thomas Horvath, 19, during a fist fight between rival groups of friends in the parking lot of the Raintree Apartments, 4950 16th Ave. SW, April 15, 2008.

Horvath was shot in the abdomen and head during the fight, which started over a broken car light, according to court testimony.

Bush appealed the conviction on several grounds, but the appeals court only considered an appeal based on inadmissible evidence.

The prosecution called three witnesses who identified Bush as the shooter in statements to police after the incident, but then recanted those statements prior to trial. Linn County Attorney Jerry Vander Sanden, then first assistant, told the court he was calling them only for  impeachment purposes to prove Bush was the shooter.

The defense argued those three witnesses' statements were inadmissible evidence, but the judge allowed it.

The appeals court also ruled the district court erred in allowing the entire seven-hour videotape of the police interview of two of the three witnesses to be played during the trial.

Vander Sanden asked the Iowa Attorney General to seek further review of the appeal from the Supreme Court after it was granted in November.

The Supreme Court just released the denial for further review Tuesday.

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