Chumley facing first-degree, attempted murder charges

Tag : vest
Freddie D. Chumley is accused of shooting JoAnne Coon, 48, andC'Sean Vest inside their Carter Lake home at Lakeside Mobile HomesPark, 3510 N. Ninth St., Lot 104, on Oct. 19, 2006.
Officers responded to an anonymous call regarding an intoxicatedperson and found Coon and Vest suffering from multiple gunshotwounds. They were taken to Creighton University Medical Center,where Coon was pronounced dead and Vest was admitted in criticalcondition.
Charles Fagan, Chumley's attorney, argued that gunshot residuetests given to Chumley several hours after the incident should notbe allowed into the case.
Fagan said the testing of the residue was not reliable and wouldhave an "exaggerated effect" on the jury. There is no generalstandard on how many particles of lead, barium and antimony - thethree compounds that escape from a primer cap when a gun is fired -or what combinations of the particles make it clear that someonefired a firearm or was near one being fired.
An outside laboratory, RJ Lee Group, conducted tests on fingernailshavings and cotton swabs wiped across Chumley's hands after hisarrest. A scientist for the company said there were signs ofparticles consistent with firing a weapon, but there was no way ofknowing if the particles came from firing a gun.
"If RJ Lee can't say definitively, how are 12 lay people going todecide," Fagan argued. "(The evidence) is more prejudicial thanprobative."
Assistant Pottawattamie County Attorney Amy Zacharias said thatwhile there were no definite conclusions drawn from the gunpowderresidue evidence, it was just one piece of evidence in the caseagainst Chumley.
Fagan also asked Steensland to allow questioning into thebackground of Vest.
Steensland is expected to issue a ruling on all of the motions nextweek.
Vest, now 45, survived two gunshot wounds to the head and,according to investigators, has a clear memory of the events of theday.
Chumley allegedly fled to a nearby house, where he entered thebasement window and remained for four hours before surrendering toCarter Lake and Pottawattamie County law enforcement officers. Hewas arrested for a probation violation and sentenced to 25 yearsfor a previous ongoing criminal conduct.
On July 24, following an investigation, Chumley was arrested on awarrant for first-degree murder and attempted murder. He wastransferred from the Iowa State Correctional Facility in Clarindato the Pottawattamie County Jail the following day.
First-degree murder is a Class A felony that carries a mandatorysentence of life in prison without the possibility of parole.Attempted murder is a Class B felony with a maximum term of 25years in prison.