Vanhemert Declares Immunity From Prosecution

Luke Vanhemert (Mahaska County Jail Photo)

Luke Vanhemert (Mahaska County Jail Photo)

Oskaloosa, Iowa – If attorneys for Luke VanHemert have their way, their client will walk out of jail as a free man. Defense Attorney Allen Cook has filed a motion requesting that a judge declare immunity from prosecution for VanHemert, under Iowa’s Stand Your Ground law. The request was filed on March 14 in Mahaska County District Court.

In the motion asking for immunity, Cook argues that the victim in the case, Marquis Todd, as well as two of his acquaintances, were the aggressors in the incident that led to the death of Todd, not VanHemert. Cook argues that a motor vehicle accident preceded the events of March 1, 2018, which led to the stabbing death of Todd. Todd and two of his companions, including a Mikeal Donaldson, who was originally in the car accident, went out to search for the vehicle involved in the accident. Upon finding the vehicle involved, a verbal altercation ensued between Todd, Donaldson, and other William Penn student Mr. Allen, and VanHemert and another man.

“[The] decedent and his two friends were all basketball players at William Penn University; all stood at a stature of greater than six feet, five inches, with the decedent standing at approximately six feet nine or ten inches tall,” writes Cook.

Cook also alleges that Todd was in fact “on top of” VanHemert when the verbal altercation turned physical and did not appear to be in danger, according to the statements of witnesses at the scene that evening.

“When the physical confrontation ensued, both of the decedent’s friends observed that the decedent was “handling his own” with the Defendant; that the decedent was on top of the defendant, and that because of that, neither individual rendered any assistance to the decedent in his fight with the Defendant,” Cook writes.

Cook alleges that under Iowa’s Stand Your Ground Laws, VanHemert is immune from prosecution because the fight occurred on Vanhemert’s property, and was not instigated by Vanhemert. Cook also states that his client had visible injuries after the physical confrontation.

“It is clear that the decedent, along with Mr. Donaldson and Mr. Allen came to the defendant’s residence looking for a fight. The decedent came onto the Defendant’s property looking to instigate a fight. Both Mr. Donaldson and Mr. Allen testified that the decedent was on top of the Defendant during their physical altercation. The fight occurred on the Defendant’s property shortly after the Defendant’s father sought to remove himself from the verbal altercation and return to his home,” Cook writes.

Prosecutors, on the other hand, allege that Vanhemert is not immune from prosecution, because, they say, Vanhemert acted as the aggressor in the automobile accident by hitting Donaldson’s car with bricks and a bat. Prosecutors furthermore state that Vanhemert denied stabbing Todd when interviewed shortly after the incident.

“After assaulting Mr. Donaldson, who some witness say told Defendant he would be back, the defendant told his friends present that they had to “ready up,” rather than contacting law enforcement. The defendant, while now asserting that he acted in self-defense, when interviewed denied stabbing the victim or having used any weapon against the victim,” writes Assistant Attorney General Andy Prosser.

Prosser also states that the type of relief requested by Vanhemert’s attorney is not available under Iowa law and has never been tested to that extent.

“The court cannot search for meaning beyond the words used in the statute. Applying the plain meaning of the terms set forth in Iowa Code Section 704.13, the only immunity the defendant would be entitled to, if proven, is immunity from damages incurred by the aggressor in either the civil or criminal context,” Prosser writes.

A hearing has been set for March 26 at 9 am to address whether the Court can hear evidence regarding Vanhemert’s immunity from prosecution.

A criminal charge is merely a criminal charge and not an indication of guilt. All suspects should be considered innocent until proven guilty.

Posted by on Mar 24 2019. Filed under Local News. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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