A courthouse security policy of posting a guard with a criminal defendant during trial means a Las Vegas man convicted of murder in a 2022 Des Moines shooting could receive a new trial.
James Wiggins, 39, was found guilty of second-degree murder in the killing of Tyrone “TY” Hutchins at the since-closed Rico’s bar on University Avenue in Drake University’s Dogtown district. Although Wiggins argued at trial he acted in self-defense, he was found guilty and sentenced to 50 years in prison.
Now the Iowa Court of Appeals has overturned that verdict and ordered a new trial. The court rejected Wiggins’ claim that the evidence against him was insufficient to support a conviction. But it vacated his conviction, anyway, after finding the trial judge had potentially influenced jurors by stationing a guard next to Wiggins as he testified.
Hutchins killed after 2022 bar dispute
During Wiggins’ August 2024 trial, jurors heard that Hutchins, 35, of Des Moines was at the bar when two men, including Wiggins’ brother Marcell, entered. Video showed the men speaking with Hutchins, who rose, shoved past them, drew a handgun and ran for the door. James Wiggins met him at the doorway and fired at least three shots, killing Hutchins and wounding a woman.
At trial, prosecutors argued the shooting was a targeted killing, presenting video showing the three men conferring before the shooting, then leaving together immediately afterward. Defense attorneys argued Wiggins was justified in fearing for his own life, telling jurors that he had just entered the bar and, within seconds, was confronted with an unknown man holding a gun and running at him.
Prosecutors never determined a motive for the shooting, although jurors heard testimony the men were part of separate groups that didn’t get along.
Decision faults courtroom security policy
The Wednesday, May 13, appeals ruling erases that verdict and sentence and sets the case on track for a new trial.
Judge John Sandy wrote for the court that a reasonable jury could have found Wiggins guilty. The fault with the trial, instead, came during Wiggins’ testimony, during which he was accompanied by a courthouse deputy.
While placing guards around an in-custody defendant might be a reasonable security measure, it should only be done on a case-by-case basis to avoid unnecessarily influencing the jurors, the court found.
“The inferences that a juror could make when a deputy suddenly appears behind the witness stand when it is the defendant’s time to testify after being absent during the State’s case-in-chief could certainly be negativetowards the defendant,” Sandy wrote.
In Wiggins’ case, since the deputy was positioned out of a general court policy rather than based on Wiggins’ individual situation, the court found it violated his due process rights and justified ordering a new trial.
Defense attorney Rachel Regenold said James looks forward to a fair retrial of his case.
“We are grateful the Iowa Court of Appeals recognized the harm to James’ self-defense claim caused by a courthouse policy that we believe should not have applied to him,” Regenold said.
Polk County Attorney’s Office spokesman Lynn Hicks said prosecutors still could ask the Supreme Court to review the ruling and are discussing next steps with the Iowa Attorney General’s Office.
“We intend to retry Mr. Wiggins if the case is ultimately remanded to district court,” Hicks said.
Alleged shooter’s brother also serving time
The ruling comes weeks after Marcell Wiggins was sentenced to up to 30 years in prison in part for his role in the shooting. He did not fire any shots during the encounter but took a plea deal, pleading guilty to charges of felon in possession and going armed with intent. He also pleaded to separate cocaine and methamphetamine charges.
He was originally set to be sentenced in June 2024 but failed to appear for the hearing. He remained on the run for nearly two years until he was taken into custody earlier this year.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Guard’s presence gets Des Moines murder conviction tossed
Reporting by William Morris, Des Moines Register / Des Moines Register
USA TODAY Network via Reuters Connect
