Teen receives probation for role in robbery that led to officer’s beating

CEDAR RAPIDS - Maurice Harden apologized Friday for his actions in 2009 that led to Cedar Rapids Police Officer Tim Davis being beaten unconscious and suffering a serious head injury.

“I apologize for everything I've done in the past...I've thought about it all the time and never forgot it,” Harden, who turns 18 today, said during a hearing to determine his sentencing in adult court. “I'm sorry for everything I did in the community and I'm sorry for it. That's all I have to say.”

Stephanie Davis, Tim Davis' ex-wife, said during an a victim's impact statement that she didn't want Harden to think that because her ex-husband is back at work that everything is OK, because it's not. The robbery incident changed their lives.

Tim Davis, 33, attended the hearing but didn't speak.

“I don't want to see you (or others involved in robbery) in the community,” Stephanie Davis said. “It was a comfort knowing where you were.”

Stephanie Davis told the court she thinks Harden, a Cedar Rapids resident, should be “heavily monitored” but if he is released, she hopes he makes good decisions and “stays away from me.”

Harden pleaded guilty in January 2010 to first-degree robbery and interference with official acts causing serious injury for the robbery of David Scanlon and Austin Switalski, both of Cedar Rapids, on March 29, 2009.

While responding to that robbery, Tim Davis attempted to stop Jose Rockiett, 18, of Cedar Rapids. Rockiett then assaulted him with a handgun, beating him unconscious. Davis suffered a fractured skull and severe brain swelling after he fell and hit his head on the street.

Doctors initially gave Davis a slim chance to live. He spent 39 days in the hospital, and the assault left him with short-term memory loss and made problem-solving difficult, according to family and co-workers. It also changed his personality.

Davis has declined several interview requests by The Gazette about the incident and his rehabilitation. He returned to full time patrol by himself last December after more than two years.

Rockiett, now 20, pleaded guilty in March 2010 to first-degree robbery, willful injury causing serious injury and interference with official acts causing serious injury and/or while displaying a dangerous weapon. He is serving a 25-year prison term.

Harden, because he was a juvenile at the time, received a deferred sentence and was sent to the Eldora State Training School for Boys until his 18th birthday. He then was sent to adult court to determine his release, prison term or probation.

On Friday, Sixth Judicial District Judge Ian Thornhill suspended Harden's 25-year prison term and sentenced him to five years probation. His level of probation will be determined by community corrections, and could include placement in a residential facility.

Thornhill said he was giving Harden a second chance, but if Harden came before the court again, he would go to prison for 25 years.

No contact orders between Harden and the Davis family, Scanlon and Switalski will be in effect for five years. Restitution will be determined later.

Linn County Attorney Jerry Vander Sanden and Jeremy Elges, Harden's attorney, both recommended the suspended sentence and five years probation.