Self-defense claim made in fatal RO shooting
An affirmative defense notice has been filed in district court in Montgomery County by the attorney for Kevin Duane Staley. The notice said Staley will be claiming self-defense and-or defense of others with respect to a charge of manslaughter.
The notice, filed Oct. 31, was one of several activities on the case in recent days.
Staley was charged Oct. 11 in the shooting death of Devin Alexander Davis, 27, of Villisca. Davis was found dead in the 200 block of East Grimes Street in Red Oak at 4:15 a.m. In a press release, the police department said it was learned that Staley, 39, of Red Oak, had been in a confrontation with Davis earlier in the morning that resulted in Staley shooting Davis.
Staley is charged with voluntary manslaughter, a Class C felony under Iowa law. He remains jailed on $100,000 bond.
The notice of an affirmative defense was filed by Staley’s court-appointed attorney, DeShawne Bird-Sell, of Glenwood.
Change of venue motion
Other filings from that date included a request for a change of venue from Montgomery County.
That motion said, “Since the defendant’s arrest on this case, there has been extensive publicity surrounding this case in multiple newspapers, online venues, radio stations and television media. Multiple posts on Facebook accounts of the defendant and the alleged victim in the matter. A GoFundMe account has been circulating and posted for the benefit of the alleged victim’s family. Additionally, there are donation “buckets” and information posted at businesses all over the local area.
“Although some of the coverage has been factual, it has been extensive and includes matters not related to the deaths but personal and supportive of the victim and negative to the defendant. Defendant does not allege said support is inappropriate but rather hinders his right to a fair and impartial jury trial.
“Due to extensive media coverage, such a degree of prejudice exists in Montgomery County that there is a substantial likelihood that a fair and impartial trial cannot be preserved with a jury selected in Montgomery County and vigorous voir dire would not be able to cure the problem.”
A hearing on the motion for change of venue will be held Monday, Nov. 13, at 1:30 p.m.
Another motion that was filed by Bird-Sell asks the court to order the prosecution to produce all of its evidence in the case, and a list of state witnesses, including their arrest and conviction records.
District Judge James Heckerman ruled Oct. 31 on a separate motion requesting depositions on behalf of Staley be done at state expense. The judge approved the request.