McCunn, granted Stand Your Ground hearing

A Stand Your Ground hearing has been granted July 10 in Page County Court for a Red Oak man accused of first-degree murder of a Shenandoah man in April.

In the early morning hours of Monday, April 22, Toby McCunn, 34, of Red Oak, allegedly shot and killed Joshua Jordan, 33, at a Shenandoah home.

A criminal complaint said McCunn was inside the home, looking for Jordan, and when he returned, fired several shots from a handgun. The hearing is set to take place at 9:30 a.m. and was filed in court June 18.

McCunn has pleaded not guilty to the crime. In past court dates, McCunn’s public defender has requested a change of venue, which was denied, and a change of a jury trial date, which was accepted and moved to Aug. 5.

In 2017, the Iowa state legislature passed a gun omnibus bill, later signed into law, which expanded the rights of gun owners. House File 517 includes the “stand your ground” provision that states a law-abiding citizen does not have a duty to retreat in a public place before using deadly force when confronted with danger to life or property.

The specific statute 704.13 reads: “A person who is justified in using reasonable force against an aggressor in defense of oneself, another person, or property pursuant to section 704.4 is immune from criminal or civil liability for all damages incurred by the aggressor pursuant to the application of reasonable force.”

That not only includes guns but anything considered a weapon, like a baseball bat or a knife, reads the law.

Calls to the Page County Attorney, Carl Sonksen, and assistant county attorney, Jim Varley, were not returned.