Joshua Royer
A hearing is been scheduled for Monday for the man convicted of the August 2014 murder of Eddie Cooper Martin, and the defense team is expected to ask for a new trial for 39 year old Joshua Royer.
Des Moines County Public Defender James Beres is expected to argue that Royer should not have been found guilty of first degree murder in the shooting of the 50 year old Martin because the prosecution did not properly prove that premeditation–a necessary factor in a first degree murder charge–occurred when Royer shot Martin as he sat on his bicycle on the corner of Gunnison and Aetna on August 6th.
Should District Judge Mary Ann Brown not grant a new trial, Royer will be sentenced during the hearing. The sentance will most likely be life in prison without the possibility of parole, as required by Iowa law in first degree murder cases.
During the trial, which concluded last month, assistant county attorney Ty Stonebrook successfully argued that Royer shot Martin after deciding that “For whatever reason…he did not like him”. He said that premeditation existed because Royer clearly stopped his car and deliberately shot Martin. One witness testified that Royer had told him he shot Martin “because he was wearing red”.
The family of the victim is expected to make statements during the hearing.
