Compiled by Jared Curtis jared@dmcityview.com

On the clock
Des Moines Police — Dec. 5-8

Dec. 5, 2:30 p.m.
Accidental shooting in the 1100 block of East County Line Road. The victim, a retired gunsmith who works out of his home, said he put a Glock 9mm back together and was going to test fire it. He had his finger on the trigger and the pistol went off, sending a round through his right hand and right thigh. There were no witnesses and the victim drove himself to Mercy South Medical Clinic.

Dec. 7, 1 p.m.
Assault with a motor vehicle in the 4200 block of Boyd Street. The victim stated she was pulling out of her driveway, when her roommate pulled in and hit the victim’s car with her own car. When the victim got out of her car, her roommate walked by and said, “Have a nice day, you’re lucky I don’t kick your ass.”

Dec. 8, 8-9 p.m.
Burglary in the 6200 block of Douglas Avenue. Upon arrival, the owner notified officers that a cleaning person discovered one of his videogame machines had been broken into and cash had been stolen. The bartender from the previous night told the owner that she saw two non-regular customers — a heavy set white female in her 30s as well as a heavy set black male in his 30s — at the machine for a while. The owner of the machine was called and it was discovered that $1,124 was taken.

Docket Diving

The following is from a recent ruling made by the Iowa Court of Appeals regarding the case of the State of Iowa vs. Tommy Lee Johnson.

“The State appeals from the district court’s order granting a new trial following Tommy Johnson’s convictions for first-degree burglary and willful injury resulting in serious injury. We affirm

“Johnson was found guilty following a jury trial in July of 2005. At trial, Teresa Seeley testified generally regarding Johnson’s alleged assault of Eddie Gablurel in Seeley’s apartment. While sentencing was continued awaiting transcription of the trial testimony, Johnson requested and was granted funds for the retention of a private investigator. On April 18, 2006, Johnson filed an amended motion for new trial asserting the discovery of new evidence. Johnson would later present to the court an affidavit from Seeley stating that she gave inaccurate testimony at trial based on pressure that she would otherwise lose her children.

“A hearing was subsequently held, at which Seeley testified. In pertinent part, she testified that she consented to Johnson entering her apartment, that the assault took place outside of her apartment and that Gablurel may have been the aggressor in the fight. Following that hearing, the court granted Johnson’s motion for new trial. The State was granted discretionary review of this order by our supreme court, and the case was transferred to this court. We review a district court’s ruling on a motion for new trial for abuse of discretion. A motion for new trial based on witness recantation is generally considered a motion based on newly discovered evidence.

“Credibility of witnesses is key in this determination. Determinations of credibility are in most instances left for the facts, which is in a better position to evaluate witnesses. Even prior to hearing Seeley’s testimony, the court indicated it had serious doubts as to her credibility and the truthfulness of her trial testimony. The court found her recanted testimony at the new trial hearing to be more credible.

“After careful review, we cannot say the decision to grant a new trial was ‘untenable’ or ‘clearly unreasonable,’ and thus we conclude the district court did not abuse its discretion on this issue. This is precisely the type of discretionary call our law places in the prerogative of the trial court. We therefore affirm.”

Busted

Name: Robert James Frazier

The story: Officers were dispatched on an assault call to 101 Locust Ave. Upon arrival officers met with the victim who stated Frazier accused him of stealing his cell phone, grabbed him by the shirt and forced him into an elevator. Once they reached the sixth floor, Frazier pulled out a knife, stating he was going to cut the victim. The victim broke away from Frazier and exited the elevator. Frazier was yelling, “I’ll shoot you if I see you outside,” as the victim got away from him. Frazier told officers they got into an altercation and that he punched the victim after the victim attacked him. A witness observed Frazier grab the victim and force him onto the elevator. Frazier was arrested and taken to the Polk County Jail.

Missing person

Name: Dakota M. Beckmann
Age at report: 15
Age now: 15
Weight: 104 lbs.
Height: 5’1”
Race: White
Hair: Brown
Eyes: Brown
Sex: Female
Incident type: Juvenile

Dakota Beckmann was reported missing to the Iowa City Police Department on Dec. 9. She was last seen wearing a black hooded sweatshirt with West High Chorus on it. She has braces and has two holes pierced in each ear. If you have any information on Dakota’s location, contact the Iowa City Police Department at (319) 356-5275 or the Missing Person Information Clearinghouse Iowa Division of Criminal Investigation (800) 346-5507.

From the Missing Person Information Web site: www.iowaonline.state.ia.us/mpic.

5,006 : The number of vehicles stolen in Iowa in 2006.

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