State of Iowa v. Alejandro Andres Lira
16-2022
| Iowa Ct. App. | Oct 25, 2017Background
- Defendant Alejandro Lira and Michael Dewispelaere were drug associates; Lira owed Dewispelaere roughly $5,000 from a prior marijuana transaction.
- After a failed attempt to buy additional marijuana, Lira sent texts expressing anger and feeling "disrespected."
- On August 11, 2015, Dewispelaere picked up Lira; at a designated stop a third man entered Dewispelaere’s car, pointed a gun at Dewispelaere, and announced an intent to kill.
- Dewispelaere drove to the DeWitt police station instead of his home; a confrontation followed, gunshots were fired, and Dewispelaere was shot (bullet through shoulder to jaw).
- Lira fled the scene; evidence tied him to the incident (blood on clothes later burned, eyeglasses found near the scuffle, incriminating texts).
- Lira was convicted by a jury of first-degree robbery and attempted murder; he appealed arguing insufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lira) | Held |
|---|---|---|---|
| Sufficiency of evidence supporting convictions | Evidence (texts, conduct directing victim, third party armed, victim shot) permits conviction for robbery and attempted murder | Discrepancies in victim's testimony and alternative explanation that Lira acted under duress or did not intend robbery/murder | Affirmed: substantial evidence supports convictions |
| Robbery in the first degree — role as principal or aider/abettor | Lira directed victim to location where armed third party boarded, told victim they intended to rob him, and the assault aided escape | Argued he was coerced/put at gunpoint and sought police station to avoid robbery | Affirmed: jury could infer intent and aiding/abetting from conduct and circumstances |
| Attempted murder — specific intent to kill | Texts showing motive, statements at scene, direction to shoot, and victim being shot establish intent and causal chain | Claimed he was not the shooter and acted to find police; disputed timing and credibility of witness testimony | Affirmed: evidence supports that Lira acted as principal or aided and abetted attempted murder |
| Credibility of key witness (Dewispelaere) | Jury entitled to credit victim despite minor inconsistencies; corroborating physical evidence supports his account | Pointed to inconsistencies (phone location, timeline of shots vs. crash, permitting stranger in car) to attack credibility | Affirmed: jurors may resolve credibility; inconsistencies insufficient to negate substantial evidence |
Key Cases Cited
- State v. Sanford, 814 N.W.2d 611 (Iowa 2012) (standard for reviewing sufficiency of evidence)
- State v. Nitcher, 720 N.W.2d 547 (Iowa 2006) (jury’s role in resolving credibility)
- State v. Blair, 347 N.W.2d 416 (Iowa 1984) (jury function to weigh evidence and credibility)
- State v. Satern, 516 N.W.2d 839 (Iowa 1994) (aiding and abetting principles)
- State v. Miles, 346 N.W.2d 517 (Iowa 1984) (circumstantial evidence and inferences for participation)