Staley pleads not guilty
A district court hearing in the state’s voluntary manslaugther case against Kevin Staley was held in Montgomery County Court Monday.
Staley, 39, of Red Oak, is facing a voluntary manslaughter charge in the shooting death of Devin Alexander Davis, 27, of Villisca, in Red Oak on Oct, 11.
Earlier Monday, a written arraignment and plea of not guilty were filed by Staley’s attorney, DeShawne Bird-Sell, on behalf of Staley. That precluded the arraignment being held in open court.
A hearing took place at 1:30 p.m. on a motion filed by Bird-Sell for a change of venue, due to alleged extensive social media commentary and news media coverage.
Fourth Judicial District Judge Timothy O’Grady presided over Monday’s hearing. Judge O’Grady heard the motion, but took no action.
“I have to think about it. There were probably 50 pages of material that were presented that I have not read yet. I’m going to read it and do some research on my own and make a decision by the end of the day Tuesday, Nov. 14,” Judge O’Grady said.
The judge added that he will file a written ruling on his decision, so that action will not be taken in open court.
Staley, 39, was charged several hours after 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 alleged it was learned that Staley had been in a confrontation with Davis earlier in the morning that resulted in Staley shooting Davis.
Voluntary manslaughter is a Class C felony under Iowa law. Staley did not appear in court and he remains jailed on $100,000 bond.
A notice of an affirmative defense was filed Oct. 31 by Bird-Sell, alleging that Staley acted in self-defense.
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.
At approximately 4:15 a.m., Montgomery County Communications received a report of a deceased body in the 200 block of East Grimes Street in Red Oak.
Upon the arrival of Red Oak police and investigation into the incident, it was determined that a male individual, identified as Devin Alexander Davis, 27, of Villisca, was dead from an apparent single gunshot wound.
Law enforcement obtained a search warrant, which was executed at Staley’s residence in the 500 block of East Coolbaugh Street in Red Oak. Police said Staley was at the residence and taken into custody at 12:40 p.m. without incident by officers with the Red Oak Police Departments and the Montgomery County Sheriff’s Office.
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