Thomas seeks new trial for first-degree murder | News, sports, jobs

Thomas

Robert Thomas has been convicted of first-degree murder and is seeking a new trial via post-conviction relief, three years after being sentenced to life in prison, plus an additional 25 years for attempted murder.

Thomas, 40, formerly of Marshalltown, is also asking for his convictions to be expunged, meaning the court would dismiss the case and he would be free from the penalties.

Thomas was found guilty in 2021 of shooting and killing 22-year-old Johnqwez Lewis and seriously wounding 27-year-old Devonte Brooks during an apparent drive-by on Marshalltown’s north side in March 2020.

During the trial, the prosecution argued that Thomas committed the murder in retaliation for the murder of his brother, Blake Thomas. Mustafa Muhammad was convicted in November 2021 of the first-degree murder of Blake Thomas. He was sentenced to life in prison without the possibility of parole.

In Thomas’ post-conviction relief request, he alleges that the state withheld evidence, that he lacked adequate counsel and that certain evidence was not allowed at trial.

Thomas wrote down the reasons why he believes his attorney was inadequate, including:

• No official reports have been requested from the state;

• No appropriate objections have been raised to the admission of any evidence;

• Thomas was not aware of the difference between a jury trial and a judge trial and thus could not make an intelligent decision;

• There was no investigation into whether or not Judge John Haney had other state officials who were biased;

• A change of location has not been discussed;

• Thomas was not advised of his right to testify at his trial and;

• The state’s evidence was insufficient for failure to argue.

In February 2023, he appealed his conviction and sentence to the Iowa Court of Appeals, but the judges upheld the Marshall County Court’s decisions.

A non-jury trial was scheduled for Oct. 10, but was moved forward after Marshall County State’s Attorney Jordan Gaffney submitted that he had not received necessary information from Thomas and his attorney Jessica Millage. Thomas hopes to get expert witnesses for the trial regarding firearms, video evidence and fingerprinting. Judge John Flynn ordered that the information be sent to Gaffney and that the new trial date be scheduled for October 24.

Contact Lana Bradstream at 641-753-6611 ext. 210 or [email protected].