CEDAR RAPIDS — The trial of a man charged in a fatal assault of a Marion mother of two has been delayed.
Cody Brown, 27, of Marion, is charged with involuntary manslaughter in the June 2018 death of his girlfriend, Stephanie Bowling, 24.
His trial had been scheduled to start Monday but has been rescheduled for July 23.
At a Friday hearing, Tom Viner, Brown’s attorney, told 6th Judicial District Chief Judge Patrick Grady he wanted to add a witness, a doctor the prosecution hadn’t had a chance to interview.
Another doctor, he said, wasn’t available to testify until July 25, which would cause a three-day break in testimony if the trial started Monday.
Viner said both witnesses were important for Brown’s defense because they will testify regarding the cause of Bowling’s death.
Brown will claim self-defense at trial, according to court documents.
Grady ruled a short delay was necessary because he didn’t think having a three day break — causing inconvenience to a jury — was a good idea.
He also said the prosecution should have time to depose the additional witness.
Grady reset the trial to July 23, which both defense and prosecution agreed would work.
Two weeks ago, First Assistant Linn County Attorney Nick Maybanks amended the original charge against Brown — assault causing bodily injury — to involuntary manslaughter as the appropriate charge, based on evidence and witness statements.
A criminal complaint filed last year stated Brown and Bowling were arguing about 2:53 a.m. June 28, 2018, at her home, 795 Bently Dr. He admitted to picking her up and throwing her to the ground.
During Friday's hearing, Viner indicated there would be conflicting testimony about what how Bowling fell to the ground.
Police said they found Bowling unresponsive on the living room floor when they arrived. She had a serious brain injury and died June 30, 2018.
Bowling’s mother, Tricia Eilers of Monticello, told The Gazette last July that her daughter’s 2-year-old daughter was in the apartment at the time of the assault but was asleep.
Eilers said she didn’t know Brown, who had been dating her daughter about four months.
Bowling, who worked at GoDaddy in Hiawatha, also had another daughter, now 6.
Brown remains free on bail pending trial. If convicted, he faces five years in prison.
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