Iowa City Ped Mall Shooting Court Documents: Lamar Wilson Gang Discussion

E-FILED 2017 DEC 28 8:36 PM JOHNSON - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY

)
STATE OF IOWA, ) FECR116476
)
Plaintiff, ) DEFENDANTS SUPPLEMENT TO
) MOTION TO RECONSIDER
) SEVERANCE OR BIFURCATE TRIAL
)
vs. )
)
LAMAR WILSON, )
)
Defendant )
COMES NOW Defendant and supplements his prior motion to reconsider

severance, or alternatively to bifurcate, with the following proof deposition excerpts. It
must be noted that the final transcripts are not available at this time and minor changes
may occur – but are not expected. No page or line number is currently available.
SEARCH TERMS: GANG; GANG MEMBER; INTELLIGENCE; INTELLIGENCE
MEMO.
STATE OF IOWA v. LAMAR WILSON DEPO EXCERPTS

OFFICER RONNIE GIST –
Q. Do you have any information at all about Lamar Wilson being a gang
member?
A. None.
Q. Are you aware of any fact with like some kind of evidence we can grab
onto, a record, anything like that, that tells us that he is a gang member?
A. No.
OFFICER JENNIFER CLARAHAN –
1
Q. Do you have any personal knowledge that Lamar Wilson is a gang
member?
A. Any personal knowledge? I've not dealt with him before, no.
Q. Okay. Do you have any knowledge that he's a gang member, from other
people even?
A. I mean, since this there's -- I know there's been people looking into
whether -- his involvement and what -- the ABK gang group, his involvement. I didn't
personally do any of that.
Q. Okay. ABK is actually a rap group, isn't it?
A. Gang, rap group. I guess call it what you want.
Q. Same thing?
A. I don't know about that.
OFFICER ZACHARY MURGUIA – (DEPO LEFT OPEN)
OFFICER BENJAMIN HEKTOEN –
Q. Okay. What facts do you have, or what information are you aware of
that would support an allegation that Lamar Wilson is a gang member?
A. I've seen photographs with Lamar Wilson in them with other individuals
who are displaying what appear to be gang signs. You know, in some of these
photographs are also firearms and what appear to be marijuana joints. Oftentimes
Wilson and the other individuals are dressed in similar colors. Oftentimes there's
2
reference to ABK, or Any Body Killa, as a name or title for this group. In general, I am
aware that Lamar is a part of ABK.
Q. Well, that's what I'm getting at, though. I know we can reach that
conclusion, but what gets you there? That's what I'm looking for.
A. I think his association with other individuals that are also identified as
ABK is a large part of it. I think that if you look at everyone that -- the individuals that
came in to talk to us, at least the males in particular, that all or nearly all of them could
be associated with ABK through various means.
Q. Okay. Well, when you say that -- associated with other individuals that
are ABK, how do you know those folks are ABK?
A. I would point to many of the same things, photographs and videos of
them rapping about ABK, talking about ABK, text -- or Facebook posts with that in
there --
Q. Okay.
A. -- and things like that.
Q. If they're an actual rap-type group, and they're trying to promote their
music, wouldn't all those things feed into that as well as promotion?
A. I suppose that they could both exist at the same time; people through a
rap production group and a highbred street gang at the same time.
Q. Or one could just be for production purposes?
A. It's possible.
Q. Does the Iowa City Police Department have what -- I don't know whether
to call it a gang unit or a group of officers that are focused on gang-related problems?
3
A. I wouldn't characterize this group like that, but the street crimes action
team, I think, by even formal declaration by the police department is charged with
investigating gang-related crimes as they occur.
Q. You said by formal declaration?
A. I believe in the -- like in the annual report you'll read about what SCAT
focuses on, and
in there I think it talks about gang activity and suppression and things like that.
Q. Okay. What's the paradigm that they use to decide if someone is in a
gang or if a gang exists or if they're a gang member? I mean, is there a structure?
A. To -- A structure to what?
Q. To determine gang membership. So if you gather a bucket of
information on a person, and then you take that information out, and you look at it piece
by piece, what are you looking for to determine that someone is a gang member, like
where does it pigeonhole?
A. We have -- the Iowa City Police Department has a -- either a standard
operating guideline or a policy on gangs, I believe, that would detail that. I'm not familiar
with it.
Q. Okay. And then who decides if someone is a gang member?
A. That supposedly would be the investigator investigating that person.
Q. So if an investigator is conducting an investigation, and they run across
information that they decide, this leads me to believe that this person is involved in a
criminal street gang, do they then -- is there a database, or is there some kind of place
where they record that information and say, I've identified this person as a gang
member?
4
A. There are databases out there that probably do things like that. I'm not
aware of any database that anyone at the Iowa City Police Department uses to do stuff
like that.
Q. Okay.
A. Generally -- Generally if information is sent out that's related to a gang
from an officer or an investigator, it is in relation to a safety issue, so either an officer
safety issue or a threat to the public involving typically firearms.
Q. Okay.
A. It usually is in the form of an e-mail that says, hey, this person has been
known to have a gun, or we have information this person has a stolen gun, whatever it
may be, and then he's also allegedly a member of whatever group.
Q. Okay. And that's what I'm getting at, though. What triggers that? What
triggers the, I think he's a member of group X?
A. I think -- I'm sure there are several factors, and I'm not the best one to
answer this question, because I'm not on SCAT, but --
Q. Okay.
A. -- I think that self-identification is probably a big one. When someone is
posting photographs of them with others displaying gang signs with a caption, ABK, it's
pretty clear that there's something go on there. If it's something different, a different
gang, but they're identifying as a member of that gang, then that's -- I think that's
probably pretty clear evidence to us at least.
Q. So if people from other gangs say, oh, that person is a gang --
A. It could be someone from a different gang; it could be someone from the
same gang; or it could be the individual himself -- him, herself.
5
Q. Okay. Are you aware of any specific piece of information that locks
down Lamar Wilson as a gang member that's in the possession of your department?
A. I know that we at least have one or two photographs that were taken
I think the day before the shooting that depict Lamar with several other individuals near
1102 Hollywood that show individuals holding guns and pointing guns at the camera
and other -- with individuals that we know to be associated with ABK. I'm sure there are
other things that we have in our possession. I'm just not aware of them, at least it's
possible that there are.
Q. Okay. But that's all you know about specifically to Lamar?
A. All that I can remember right now.
Q. Okay. Is that enough to get him labeled a gang member; pictures of him
with other people that you think are gang members and a gun?
A. I don't know.
Q. Okay. Is there a deciding person at your department?
A. Not to my knowledge.
Q. Is there anybody that specifically focuses on gangs themselves in your
department?
A. No one individual I'm aware of. Like I said, for SCAT, if there is a
gang-related issue or crime, they would be the ones to investigate it.
Q. Okay. Does your department have a gang expert?
A. Not to my knowledge, no formal declaration anyway. There are people
that are -- that know a lot more about gangs than others, but --
Q. It's kind of a hard expertise to have, isn't it, like what are you studying,
how do you measure it, all those kinds of things?
6
A. I think there's general -- general knowledge of intelligence, who's who,
where they live, where they hang out with, that sort of thing goes towards being
knowledgeable on the subject, but, yeah, it's a tough subject to formalize, I guess.
Q. Those are all conclusions that can be drawn from a variety of things,
though, right?
A. Correct.
Q. How I interpret the picture, what I think this sign is in the picture as
opposed to like an actual science where, you know, H20 is water --
A. Right.
Q. -- would you agree?
A. The study of gangs is not an exact science, I would agree with that.
OFFICER CHRIS PASSMORE –
Q. Are you aware of any fact that leads you believe that Lamar Wilson is a
gang member?
A. Can you restate that, please -- or state it again?
Q. Are you aware of any fact that leads you to believe that Lamar Wilson is
a gang member?
A. Fact, no. Just speculation and talk amongst the police department and
just a general assumption, I guess.
OFFICER JACOB BELAY –
7
Q. Okay. Do you have any fact that you're aware of that is determinative of
Lamar Wilson being a gang member?
A. No.
OFFICER TRAVIS GRAVES –
(Intelligence memo)
Q. You requested more officers just simply because of the number of
people you had at gunpoint there?
A. Yes.
Q. And it's fluid? Like it doesn't get any more fluid than that, does it?
A. Yeah.
Q. Did you recognize Lamar Wilson?
A. Not immediately, no.
Q. Okay. Did you know what he looked like or who he was before any of
this?
A. Yes.
Q. How did you know him?
A. There was an intelligence e-mail sent out prior that day.
Q. That day?
A. I believe so, earlier that day.
Q. What did it say?
A. There was a photo from a social media site where Lamar Wilson was
holding a firearm.
8
Q. Okay. Do you know Lamar Wilson had a carry permit?
A. I believe there was an e-mail sent a few months back saying that Lamar
was -- just took a class, and he posted something on social media about being legal.
Q. Okay. Why are you guys looking at Lamar's social media?
A. I'm not sure. It was from our street crimes unit.
Q. Okay. Prior to that had you had any indication of who Lamar was or who
he is or anything like that?
A. No, not that I can recall.
(Gang member)
Q. Are you aware of any fact that supports the assertion that Lamar Wilson
is a gang member?
A. Can you repeat the question?
Q. Are you aware of any fact that supports the assertion that Lamar Wilson
is a gang member?
A. Yes.
Q. What?
A. The various intelligence information we received about him being a
member of the ABK gang.
Q. You received that intelligence?
A. It was sent out throughout the police department -- to the entire police
department.
Q. Is that the one memo you were talking about that came out earlier that
day?
A. Yes.
9
Q. Okay. Other than that, are you aware of any fact that identifies
Lamar Wilson as a gang member?
A. No.
Q. Okay. Did that intelligence memo indicate that he was a gang member?
A. It -- it informed us that he was a member -- or he hung out with a group
that referred to themselves as the ABK gang.
Q. Okay. And specifically it told you that he had gone and got a weapons
permit?
A. Not that e-mail. There was an e-mail prior providing us with information
related to that.
Q. Okay. Was there an open case or an investigation on Lamar Wilson
prior to this date, or why are you guys collecting data and sharing it about him?
A. I don't know. I wasn't the one who collected it. It was -- like I said, it was
our street crimes unit that, I think, frequently does that.
Q. So the street crimes unit has investigations and is investigating people
that there may not be pending crimes about?
A. I'm not exactly sure what they do. I just know that we receive various
intelligence information on various people for various reasons.
Q. Okay. Did that intelligence memoranda identify any crime that Wilson
was a suspect in?
A. I don't believe so.
Q. Okay. Does a law enforcement officer have a duty to investigate claims
of justification?
A. Yes.
10
OFFICER ROBERT HARTMAN –
Q. Okay. Do you have any information, any fact, that supports the assertion
that Lamar Wilson is a gang member?
A. No.
OFFICER JESSE DRAHOS –
Q. Okay. Do you have any information that leads you to believe that
Lamar Wilson is a gang member?
A. I don't know a whole lot about Lamar Wilson.
Q. Okay.
A. Anything specific that would pertain to that, I'm not aware of it.
OFFICER NILES MERCER – (DEPO LEFT OPEN)
(Intelligence and gang member)
Q. Okay. Something I've been asking everybody is do you have any facts
that support the allegation that he is a gang member?
A. Facts?
11
Q. Facts.
A. I know we've subpoenaed obviously Facebook, and through a subpoena,
you know, we know that he's associated with a certain group of people, and through
Facebook they do a lot of hashtag ABK, which stands for Any Body Killa.
Q. Okay.
A. They also do a lot of hashtag gang gang. They use a lot of hand signals.
Q. Okay. Is ABK also a rap group?
A. I'm sure they -- that could be potential.
Q. Okay. And they're also kind of a rap group with kind of a gang theme,
right?
A. You could say that.
Q. Would that be fair? SCO -- Walker -- is he a rapper?
A. Dimione Walker?
Q. Yeah.
A. Probably the best one in the bunch.
Q. Okay. Does he make records and stuff, though, like does he actually
sell?
A. I don't think any of them are selling --
Q. Okay.
A. -- but don't quote me on that.
Q. How about Cutthroat; was Cutthroat a rapper?
A. Yes, he was.
Q. Okay. Was he --
A. Or I know he was known to rap.
Q. Okay.
12
A. I don't know if he identified as one.
Q. All right. Fair enough. Do you know if
he was actually -- And I don't know if he was making money, but was he selling?
A. I have no idea. I would -- I don't know.
Q. Okay. And they've actually -- If you do look at the social media, they've
got quite a few things on social media, raps and videos and songs and stuff like that.
Have you guys --
A. Yes.
Q. -- looked at that?
A. Sorry to interrupt you. Yes, I have.
Q. Okay. So in terms of evidence that he's a gang member, it's the ABK
hashtags and, again, Any Body Killers is supposed to be a gang?
A. And I guess not just hashtag, but in videos and stuff that that will be said
as well.
Q. Okay. Are these music videos or just like a social media video?
A. Both.
Q. Okay. And it's not uncommon for these
rap-artist types to actually kind of take on that gang persona? That helps them sell,
doesn't it?
A. I guess I don't know -- I wouldn't know the answer to that.
Q. Okay. Any other facts that make you think he's in a gang?
A. Well, the -- obviously the people that he's known to associate himself
with, they participate -- they are known to commit numerous criminal acts, and
typically -- or I guess not typically, but my experiences are that they're usually together
during those criminal acts.
13
Q. Okay. How many people are we talking about; ABK?
A. I would say there's a core group of a dozen or more that I would be
familiar with. I would say that would be on the low end as well.
Q. Okay. And is it your testimony you think that that -- ABK is a criminal
enterprise or a criminal gang?
A. Not necessarily. I know that they commit criminal acts together and
around each other, which, you know, a criminal gang in the Iowa Code is kind of defined
as a group of people, you know, that commit criminal acts together and that have a
known name or associate themselves with a known name, for instance, ABK.
Q. Okay.
A. So in my eyes, that would be a clear definition of ABK is a criminal gang.
Q. Who's making that determination?
A. That's in the Iowa Code.
Q. Who's making the determination that these guys are associating with
each other, and kind of define associating together for me. What's that --
A. They are themselves.
Q. Okay. But what's that take? What's it take to say they're associating
together? Is it having a cup of coffee together, or is it living together and working
together and -- I'm trying to figure out what the dynamic is.
A. No. I mean, definitely not having a cup of coffee together. They are a
known group of people. They are always -- And by "known group," they are always
around each other.
Q. Okay.
A. They associate themselves --
14
Q. Who are they known to, though? Like who's saying ABK is a street
gang; the police department?
A. No. I would say, including our police department, our community and the
neighborhoods that they live in.
Q. Okay.
A. I mean, it's not just -- If it's known to us, it's known to other people as
well.
Q. Yeah, but I think labels get put on people and groups maybe, and what
I'm getting at is who decides that this label goes with this person or this label goes with
this group?
A. Well, I would say their actions would define themselves as a group,
giving themselves a name and surrounding themselves with criminal acts --
Q. Okay.
A. -- which then, obviously when you associate yourselves with criminal act,
the police get involved.
Q. I'm trying to think of a way to make this -- kind of drill it down better. It's
the association that is a stumbling block for me. Like I don't know what it takes to call it
an association. The police get involved in criminal acts and in investigating it, but that
doesn't mean they're associated with it. Do you see what I'm saying?
So is there a rubric or a paradigm that you can plug certain conduct into and say, this
makes this person a gang member?
A. I would say the ongoing.
Q. Okay.
A. I mean, we're not talking about one incident.
15
Q. Okay. And if one person in this dozen commits a crime, does that make
them all culpable for that? Is that what it takes to be --
A. I mean, there's a lot -- probably a lot of variables behind that as well.
Q. Okay.
A. It all depends.
Q. Because the Code does say they have to commit criminal acts together,
so if one or two of that dozen commit a criminal act, does that import
on the rest of the dozen?
A. Potentially.
Q. Okay. Who in the Iowa City Police Department then decides that we're
going to label this person as a gang member?
A. Nobody specifically.
Q. Okay. And is there any definition that says, we're only going to call
people gang members if they meet this criteria? Is there any criteria like that?
A. Within the Iowa City Police Department?
Q. Yes.
A. I don't believe so.
Q. Okay. Does the Iowa City Police Department have -- or collect
intelligence data on people that they think are in ABK?
A. No.
Q. Do you know if on August 27th, 2017, there was an intelligence memo
sent out in the Iowa City Police Department regarding Lamar Wilson?
A. I don't believe it was an intelligence bulletin.
Q. I'll change that to the 26th, I think it was, too. It was like before the
shooting, the day of, so -- I think the shooting was like at 1:30 in the morning. So like on
16
the 26th do you know if there was an intelligence -- some kind of an intelligence memo
or communication that went out?
A. There might have been. I'm not certain.
Q. Does the Iowa City Police Department collect intelligence data, just as a
normal course, even though there might not be a crime that they're investigating
specifically?
A. We don't house intelligence data anywhere specific.
Q. Okay.
A. We have a lot of records of warrants and stuff like that.
Q. Okay. At one point, and this was a couple years ago, and I can't even
remember who the detective was, but they were -- they had like a separate file in the
Detective Bureau that even the custodian of records for the police department couldn't
get to. Is that still happening?
A. I have no idea.
(Gang member - Rachel lists a bunch of gang people in cross)
MR. BRUZEK: I'm just going to follow up.
REDIRECT-EXAMINATION
BY MR. BRUZEK:
Q. Who says all these people are ABK? Like you said it as fact. Who
says -- Where can I go and look and say, I want to see a list of people in ABK, and who
decided that list?
A. I would go to their Facebook.
17
Q. Okay. But who decided the list? I mean, you just testified as fact that
each of these people is in ABK.
A. And they are.
Q. Tell me how you know that, and what can I look at to say, these are
ABK, and it's not just you saying they are?
A. Sure. I would definitely start with the Facebook subpoenas, because
they make it clear themselves.
Q. Uh-huh.
A. I don't even have -- You know, they make it easy for me.
Q. But you decided ABK --
A. And then on top of --
Q. Just a second.
A. All right.
Q. You decided ABK is a street gang. How do you know that their
references to ABK aren't to their music group? I mean, you're just -- You're making
assumptions there and stating them as fact, right?
A. And I think we've kind of covered this before, but, you know, I did not
coin ABK as a street gang. Okay? The people we just mentioned did, okay, based on
their -- the subpoenas that we've done with Facebook and every video and message
and picture that they post, all the criminal acts that these people that we just mentioned
do and do together, okay, so that in itself -- you know, as the State of Iowa clearly
defines what a street -- criminal street gang is, that in itself defines those members as a
street gang.
Q. Okay. But you guys decided ABK's a street gang, and you guys decided
these guys are a part of ABK, right?
18
A. I mean, that's just -- that's kind of going against what I just said.
Q. Okay. But it's the conclusion you're drawing from that information, right?
A. From everything that they are doing, yes.
Q. Okay. Those are your conclusions, though?
A. Not just mine, no.
Q. Your department's conclusions?
A. The Code section of Iowa.
Q. Well, you're fitting those facts in and saying, these apply, but that's never
actually been fleshed out, right? You're taking a set of facts, you're deciding that they're
true, and then you're applying it in order to give these guys a label. Isn't that really
what's going on?
A. Well, they are facts.
Q. Okay. And you think on each one of these people you can set out
sufficient facts of crimes and association that will convince a judge that they are gang
members?
A. Without a doubt.
Q. Without a doubt?
A. Yes.
Q. Can you provide me with all of the documents that go to that?
A. I think you've got a lot of them.
Q. I want any intelligence data that your department has. Do you keep
intelligence data on all these people and their gangs members?
A. I do not keep intelligence data.
Q. Does your department?
19
Q. So when I have people telling me about they get intelligence data or
intelligence memos, where does that stuff come from?
A. Maybe that's not exactly what they're getting.
Q. Okay.
A. Maybe they're misrepresenting what information they're receiving.
Q. Okay. You understand what I'm asking about when I'm saying
intelligence data?
A. Please define it better for me.
Q. Okay. Information that may come to the police department about
specific individuals that maybe you can't verify or you don't know or it might be rumor,
and it just gets tucked away in a file somewhere.
A. No.
Q. Anybody keep that kind of information?
Q. Okay. Do you guys have files on any of these people that are not related
to criminal investigations; it's just information on them?
Q. Okay. If I wasn't calling it intelligence information, what else would I call
it? Is there another name for it in your agency, and I'm just not getting the vernacular
right?
A. Well, we deal with criminal histories and the history of dealing with
people. I don't know if that's what you're referring to as intel data --
Q. What do you call that stuff?
20
A. -- or data sheets -- I mean, that's just a criminal sheet and -- or in our
system we have all the times that we deal with people for any and all reasons, so we
have --
Q. It's in a database?
A. It's -- It's not a database.
MS. ZIMMERMANN: No, it -- well -- I'm sorry. Can we go off the record
for a second.
(Discussion was held off the record.)
MR. BRUZEK: So let's just make a short record.
MS. ZIMMERMANN: Uh-huh.
MR. BRUZEK: We're going to keep this deposition open in case I do
need to call him back, but there's some information that I want to check out, and then
we may call the detective again. Good?
MS. ZIMMERMANN: (Nods head.) Yep.
MR. BRUZEK: All right. We're done. Thanks, man.
THE WITNESS: Thank you.
OFFICER DENNIS KELLY –
Q. Okay. Do you know of any fact or have any evidence that supports the
notion that Lamar Wilson is a gang member?
A. No.
OFFICER SCOTT STEVENS –
21
Q. Sure. Do you have any fact or any evidence that Lamar Wilson is a
criminal gang member?
A. Not personally.
Q. Okay. Does the Iowa City Police Department maintain any kind of
intelligence data on individuals that they suspect to be gang members?
A. Not that I'm aware of. We just have our general recordkeeping system,
which includes persons, but I'm not aware of any intelligence files in a specific place or
location.
Q. Okay. On August 26th did you receive or are you aware of any kind of
an intelligence memo that went out with regard to Lamar Wilson?
A. No.
Q. Okay.
A. I'm not aware of.
Q. Okay. I don't know how you guys' shifts work. When you guys come on,
do you have like a shift briefing, like a --
A. For patrol?
Q. Yeah, like at the beginning of a shift.
A. Yes.
Q. Do they exchange that kind of information, what's going on, that kind of
thing, at those briefings?
A. Yes, they have a file that has information that they talk about during
those briefings.
Q. Okay. And that doesn't have to be just crimes that have occurred; it can
be kind of -- any kind of information about what might be going on?
22
A. Anything. Neighborhood watches, people who want extra patrol,
domestic situations, burglary stuff, all of it.
Q. Okay. If there was information about gang members, would that be
something that would show up at those kinds of briefings?
A. It might be.
OFFICER BRAD MURPHY –
Q. Do you have any fact that supports Lamar Wilson being a gang
member?
A. Yes.
Q. What do you know?
A. I know he's affiliated with ABK, Any Body Killas.
Q. Okay. How do you know that, though?
A. Social media. I've known those guys -- most of those guys since
I started here in 2010.
Q. Okay.
A. The social media stuff plays a big part in it.
Q. So the things that are written on social media?
A. The pictures and, yeah, all the posts that they make.
Q. Okay. Is ABK also a rap group?
A. There's rappers in the group. I don't believe they're called ABK.
Q. Okay. Do you know Delmargo Williams?
A. Yes.
23
Q. Does he use ABK in his -- as promotion in his rap music?
A. Yes, he does. He goes -- His stage name is King Dough.
Q. And there's a persona that rappers take on, right, this gang member
persona?
A. I -- Yeah, I don't know.
Q. Okay. Do SCO and Chico Williams -- I am not sure if Lamar has or
not -- but those other people that are, I guess, affiliated with ABK, have they been in his
music videos?
A. Yes.
Q. And Delmargo -- King Dough -- he's actually had some success, hasn't
he?
(Attorney Lyness arrived at the deposition at this time.).
A. Very limited. I don't -- I don't know how successful he really is. He
talks --
Q. Okay.
A. He talks himself up on Facebook, but --
Q. Okay. But is he opening for major acts in like Miami and Minneapolis
and other places?
A. I believe so.
Q. Okay.
A. I don't know.
Q. I guess put it this way, it's more of a real deal than the guy standing on
the corner?
A. He's trying --
Q. Okay.
24
A. -- let's just put it that way, I guess.
Q. Okay. Who do you think the best rapper is out of all these guys?
A. Definitely not Delmargo.
Q. You don't think so, because he's in the lead right now with you guys?
A. Really?
Q. Yeah.
A. I don't know.
Q. Okay.
A. I would have probably said Daquan Jefferson or Dimione Walker.
Q. Well, we're taking Daquan out, because he's --
A. He doesn't count?
Q. He doesn't count now.
A. All right. I would probably say Dimione is a little better.
Q. Okay. SCO?
A. Yeah.
Q. See, now, Mercer was just the opposite. I asked him that flat out, who's
better, Williams or SCO --
A. It's SCO.
Q. You think SCO?
A. Yeah.
Q. Okay.
MS. ZIMMERMANN: He said SCO.
THE WITNESS: He said SCO?
MS. ZIMMERMAN: Mercer said SCO.
MR. BRUZEK: No, he said Delmargo, didn't he?
25
THE WITNESS: He said Delmargo?
MS. ZIMMERMANN: No, no, he said Dimione is actually better, but
Delmargo --
A. Dimione --
MR. BRUZEK: Oh, okay. I took --
MS. ZIMMERMANN: -- talks himself up more.
A. Dimione -- Yeah.
MS. ZIMMERMAN: Yeah.
MR. BRUZEK: Oh, I took that -- I took it the other way.
MS. ZIMMERMANN: No.
A. No, Dimione can actually rap without the pitch correction.
Q. Okay.
A. He actually sounds halfway decent.
Q. Anything else with -- in terms of the -- anything in support of him being a
gang member? So his Facebook postings?
A. Facebook postings are one of the biggest things, yes.
Q. Okay. Any other fact?
A. I mean, he's always with those guys. I mean, they're all -- He's definitely
affiliated with them.
Q. Okay. But any other fact that he's a gang member?
A. No.
OFFICER DUSTIN CAROLAN –

(Intelligence)
26
Q. Okay. What's your approach after these guys come around the corner
off the ped mall?
A. Yep. So as I was responding, I was coming south on Linn to College
and Linn, which is right where Formosa is or the Iowa City library.
Q. Uh-huh.
A. During that time Officer Graves said that the suspects were running
towards the library, so as I was approaching, I approached the intersection, got out of
my patrol car and started to evaluate the situation, at which point I recognized a group
of males that were running out, at which point I ordered them to stop.
Q. Okay. So you recognized them, like you recognized them as individuals
or -- like you knew who they were?
A. A combination, yes --
Q. Okay.
A. -- from previous encounters, but also
intel of the group having some kind of celebration
or something of that sort, but then I had also seen that group probably about an hour
and a half earlier crossing the intersection of Washington and Dubuque Street.
Q. Going to the ped mall?
A. No, they were actually walking north at that time.
Q. Okay. And you said that was like an intelligence memo or something --
A. Yes.
Q. -- earlier?
A. Yes.
Q. What do you guys call those?
27
A. Just kind of a briefing, officer safety.
Q. Okay. Is that a written thing?
A. It's put out by our street crimes unit every now and then. It's become
more of a frequent thing. I think with the new chief, he's kind of urging to make sure that
we're starting to share more and more intelligence.
Q. Okay. Is there a name for it, though?
A. Not that comes to the top of my head, no.
(Gang member)
Q. Are you aware of any fact or evidence that Lamar Wilson is a gang
member?
A. I believe some of the intel, he's been seen associating with a gang called
ABK.
Q. Okay. Anything else?
A. No, other than I've seen numerous photos with him holding a firearm.
Q. Okay. And he has a permit?
A. Okay.
Q. Do you know?
A. That's my understanding.
Q. Okay. And he can have a gun if he has a permit, right?
A. Yes.
OFFICER BRANDON FAULKCON –
28
Q. Okay. Are you aware of any fact that Lamar Wilson is a gang member or
any evidence that supports an assertion like that?
A. I don't know anything about Lamar Wilson.
Q. Okay. Never talked to Lamar?
A. Not to my knowledge, no.
OFFICER ALIRIO ARCENAS –
Q. Okay. Do you have any fact that supports Lamar Wilson being a gang
member?
A. I'm sorry?
Q. Do you have any fact, something that's fact that you know of, that
supports Lamar Wilson being a gang member?
A. Not that I know of.
OFFICER TODD CHENEY –
Q. Okay. And do you have any knowledge of any fact or evidence or
information that would indicate that Lamar Wilson is a gang member?
A. I have no information about Lamar Wilson.
OFFICER JEFFREY FINK –
Q. And do you have any information, a fact, some piece of evidence that
shows us that Lamar Wilson is a gang member?
29
A. I don't have any information about him at all.
LEAD DETECTIVE AND FINAL WITNESS ROUND 1 - DAVID GONZALEZ – (DEPO
LEFT OPEN)
(Intelligence and gang member)
Q. Okay. Who is going to be the point person for the gang participation
charge? Like who's looking into the gang participation, because I haven't found a
witness yet who says they worked on that?
A. I think there's people involved in our department. I think Niles is
assisting, which is Detective Mercer, excuse me.
Q. Uh-huh.
A. Detective Wood was helping with some of that.
Q. Uh-huh.
A. So some of that information regarding some of those incident reports
were turned over to the prosecutor's office to take a look at that, that information.
Q. Okay.
A. Is that what you're asking?
Q. Yeah. Well, they told me Detective Wood isn't going to be called now
because he's having a baby that week --
A. Okay.
Q. -- because that's who I thought was the point person on that stuff --
A. Okay.
Q. -- or at least that's who they had identified previously.
30
A. Okay.
Q. I don't know who's working on it now, so --
A. I think we have Detective Stricker and Detective Murphy working on that.
Q. Okay. What fact, what information do you have that Lamar Wilson is a
gang member?
A. Lamar Wilson and his friends.
Q. Who makes that decision?
A. What decision?
Q. To label him as a gang member.
A. Well, I think the State of Iowa, under the Code, would make that
decision --
Q. Okay.
A. -- if you're looking for a -- you know, a statute saying this is what it takes
to be a gang member or how they define it.
Q. Okay. Well, I know what the statute says --
A. Okay.
Q. -- but who's the person who fits that rubric? Like who's the person who
says, Lamar Wilson did this, so he's a gang member? Like the statute doesn't have a
conscious; it can't like declare someone a gang member. It takes a person to evaluate
things. Who's making that evaluation?
A. I would say, generally speaking, police officers.
Q. Okay. As a group?
A. I would say individually or collectively.
Q. Okay. So if the police officers declare someone a gang member, that
puts them into the statute?
31
A. If they meet it.
Q. Does the Iowa City Police Department maintain any kind of intelligence
records on individuals?
A. No.
Q. As far as --
A. Let me back up. Not that I'm aware of.
Q. Okay.
A. So it's not like I keep an intel folder, but I know the law allows it, so
I'm not going to say everybody -- I know what everybody else is doing in that
department.
Q. Okay. Well, I had --
A. We don't have --
Q. -- a couple of the patrolmen talk about getting intel from the -- Is it the
SCAT team; is that the right vernacular?
A. Yes.
Q. And then when I get like Murphy or those guys in here, they deny that
there is such a thing. But my understanding is there was an intel memo that went out
on the 26th about Lamar Wilson, and I haven't seen that. Do you know anything about
that?
A. I don't -- I don't know anything about the 26th. I can't testify to seeing
something like that.
Q. Okay.
A. What I can do -- What I can say is that once I became involved in this
investigation, I assigned Detective Wood to release officer safety information regarding
32
ABK and members of ABK and who had weapons when they were stopped, and that's
more of an officer safety issue --
Q. Okay.
A. -- about certain locations, including the 2220 or whatever address it was
on Arizona and the 1102 Nevada.
Q. Okay. Do you know if those memos or that information declares Wilson
to be a gang member?
A. No, I don't believe so.
Q. Okay.
A. I don't believe so. I don't recall that. I think it just talks about who we
know had guns in relation to this investigation.
Q. Okay. I believe what prompted that was that he had gone and got a
concealed weapons permit. Does the Johnson County sheriff normally send you some
kind of information about who's come and applied and received a concealed weapons
permit?
A. No.
Q. Why would they do it in Lamar Wilson's case then?
A. I don't know if that happened.
Respectfully submitted this 28th day of December, 2017.
S//; JOHN W. BRUZEK

Attorney for Defendant
725 S. Clinton Street
Iowa city, Iowa. 52240
319-351-1327
jbruzek@spd.state.ia.us
33

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E-FILED 2017 DEC 28 8:36 PM JOHNSON - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY

COMES NOW Defendant and supplements his prior motion to reconsider

STATE OF IOWA v. LAMAR WILSON DEPO EXCERPTS

OFFICER JENNIFER CLARAHAN –

Q. Do you have any personal knowledge that Lamar Wilson is a gang

personally do any of that.

Q. Okay. ABK is actually a rap group, isn't it?

A. Gang, rap group. I guess call it what you want.

A. I don't know about that.

OFFICER ZACHARY MURGUIA – (DEPO LEFT OPEN)

OFFICER BENJAMIN HEKTOEN –

that would support an allegation that Lamar Wilson is a gang member?

aware that Lamar is a part of ABK.

be associated with ABK through various means.

are ABK, how do you know those folks are ABK?

A. I would point to many of the same things, photographs and videos of

A. -- and things like that.

Q. If they're an actual rap-type group, and they're trying to promote their

Q. Or one could just be for production purposes?

investigating gang-related crimes as they occur.

Q. You said by formal declaration?

focuses on, and

Q. Okay. What's the paradigm that they use to decide if someone is in a

gang or if a gang exists or if they're a gang member? I mean, is there a structure?

Q. To determine gang membership. So if you gather a bucket of

where does it pigeonhole?

A. We have -- the Iowa City Police Department has a -- either a standard

Q. Okay. And then who decides if someone is a gang member?

A. That supposedly would be the investigator investigating that person.

Q. So if an investigator is conducting an investigation, and they run across

A. Generally -- Generally if information is sent out that's related to a gang

from an officer or an investigator, it is in relation to a safety issue, so either an officer

safety issue or a threat to the public involving typically firearms.

triggers the, I think he's a member of group X?

answer this question, because I'm not on SCAT, but --

A. -- I think that self-identification is probably a big one. When someone is

probably pretty clear evidence to us at least.

Q. So if people from other gangs say, oh, that person is a gang --

A. It could be someone from a different gang; it could be someone from the

same gang; or it could be the individual himself -- him, herself.

possible that there are.

Q. Okay. But that's all you know about specifically to Lamar?

A. All that I can remember right now.

Q. Okay. Is there a deciding person at your department?

Q. Is there anybody that specifically focuses on gangs themselves in your

gang-related issue or crime, they would be the ones to investigate it.

Q. Okay. Does your department have a gang expert?

A. Not to my knowledge, no formal declaration anyway. There are people

how do you measure it, all those kinds of things?

A. I think there's general -- general knowledge of intelligence, who's who,

opposed to like an actual science where, you know, H20 is water --

Q. -- would you agree?

OFFICER CHRIS PASSMORE –

A. Can you restate that, please -- or state it again?

just a general assumption, I guess.

OFFICER JACOB BELAY –

Lamar Wilson being a gang member?

OFFICER TRAVIS GRAVES –

Q. You requested more officers just simply because of the number of

people you had at gunpoint there?

Q. Did you recognize Lamar Wilson?

A. Not immediately, no.