CEDAR RAPIDS — A judge ruled Thursday that an 18-year-old, accused in a fatal shooting, will be restricted house arrest after he was picked up last month on charges of drunken driving and illegally possessing an anti-anxiety drug.
Sixth Judicial District Judge Lars Anderson, in his ruling, didn’t revoke pretrial release for Kyler David Carson or increase bail, as requested by a prosecutor. But Carson must remain at his grandmother’s home, where he is living, at all times, Exceptions are meetings with his lawyer, court hearings, medical and substance abuse treatment and evaluation, and other “leave” as approved by the 6th Judicial District Department of Corrections, the ruling states.
Anderson said Carson will remain under supervision of the department and must wear an electronic ankle monitor. Carson also must notify probation officers before leaving home for any reason, unless it’s a “true medical emergency.”
“Violation of any of these conditions will constitute a violation of Mr. Carson’s conditions of release,” Anderson said in the order.
Carson, after twice receiving lower bail, paid $30,000 cash or surety in March pending his trail in the shooting, and was arrested and charged April 24 on charges of operating while intoxicated and unlawful possession of an anti-anxiety prescription drug.
On Jan. 24, Carson, then 17, was charged with voluntary manslaughter, delivery of a controlled substance-marijuana, carrying weapons and obstructing prosecution. He is accused of fatally shooting Andrew D. Gaston, 18, as Gaston and his cousin, Tyrell J. Gaston, 16, were attempting to steal marijuana from Carson, according to a criminal complaint.
Police received a report of shots being fired at 11:48 p.m. and found Andrew and Tyrell Gaston with gunshot wounds in the parking lot of 3217 Agin Ct. NE.
During the investigation, police learned the Gaston cousins had arranged, with the help of others, to rob Carson that night. Witnesses told investigators they contacted Carson and “lured” him to the address to rob him.
Carson thought he was making a drug sale of $900 for 45 tubes of marijuana, the complaint shows.
Authorities said while Carson was delivering marijuana to the others in their car, the cousins and a third person ambushed Carson from behind.
Andrew Gaston struck Carson in the back of the head with a metal object, according to the complaint. Carson turned around and exchanged gunfire with Tyrell Gaston before running from the parking lot, witnesses told police.
Carson and Tyrell Gaston later discarded their firearms, which police didn’t recover, according to the complaint.
Tyrell Gaston is charged with first-degree robbery, conspiracy to deliver a controlled substance-marijuana, carrying weapons and obstructing prosecution. He will plead to a lesser charge Monday and later may plead to charges in juvenile court.
If convicted, Carson faces up to 19 years in the fatal shooting and up to two years for the other offenses.
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