Outside the presence of the jury, Walker returns to his demeanor prior to the reading of the verdict. Not shown in this clip: He winks at the gallery, is laughing, smiling, and blows a kiss at the gallery before exiting in handcuffs. pic.twitter.com/O91NJX19GU

— Bailey Cichon she/they (@CichonBailey) November 17, 2022

Thanks for following this one. I will see you at the next one. 

 

Walker was smiling and seemed to be laughing. 

Valentine's family is teary. 

Judge polled jurors. 

Judge excuses the jury. 

Walker faces life in prison without the possibility of parole. His sentencing 

Walker is found guilty of first-degree murder, going armed with intent and felon in possession of a firearm.  

Minutes before the verdict is read, Walker appears calm. pic.twitter.com/QisDRYiWOY

— Bailey Cichon she/they (@CichonBailey) November 17, 2022

The jury is coming in.  

Judge just came in. 

Valentine's family and friends are in the courtroom, as they have been throughout the trial. 

Walker's family and friends were here earlier and since the trial began. They probably will be back. 

Media has been alerted that a verdict has been reached in the Dimione Walker Trial. Walker is accused of shooting Michael Valentine in Taboo Night Club & Lounge April 10, 2022.

— Bailey Cichon she/they (@CichonBailey) November 17, 2022

There is a verdict. They are calling the lawyers and will bring Walker back over from the jail.  This is verdict may be the first for time of deliberations 1hr. and 20 min. Shorter than Jerry Burns verdict - who killed Michelle Martinko. 

I will be back when a verdict comes in. That could be today, tomorrow or possibly next week. Some murder trial verdicts take a few hours, but I've had others take 2 days or more.    

Jury is sent out at 1:44 p.m. to start deliberations. 

Two alternates will be dismissed before deliberations begin. 

Judge Chappell reads one last instruction regarding verdict forms to the jury. 

Schulte: The defense is asking you to consider voluntary manslaughter but there is no provocation by Valentine. What did Valentine do to Walker that night. He did nothing. 

He wasn't threatening to Walker. They tried to put the victim on trial. This is what happens with facts aren't on the defendant's side. 

This wasn't justified. This was an ambush. The video will show you the truth. 

Walker killed Valentine because he wanted to.  

Schulte: Walker didn't cooperate back in 2016 because he prefers revenge. 

Walker had the gun. It's all on the video. 

These are distractions from the facts of the case. 

Hradek: Walker shot Valentine - admitted from the first. You decision shouldn't be based on emotion. It should be based on the law and evidence. 

Walker isn't guilty of first-degree or second-degree murder. 

Schulte's rebuttal:  It doens't matter if Valentine didn't do well on probation. He paid his debt to society. He didn't deserve to die at 25 years old. 

 

Hradek: Johnson said a witness told her she heard Valentine was telling people to get out of the club that night. Police didn't follow it up. 

Hradak: She asked jurors to look at instructions for voluntary manslaughter. 

Going armed with intent - Walker moving towards door away from Valentine. His back was turned. 

Even if Walker wasn't allowed to have a gun, do you think he should have the right to defend himself. 

 

Hradek: Walker used reasonable force on someone he felt was a threat to him.  

 

Hradek: The only way out of the club was going out into a narrow hallway. Walker know what was on the other side. In a split second he turned and shot Valentine. This wasn't an ambush.  

Hradek: 12 shots fired on 1st Ave. and Walker was shot. He didn't cooperate with police. He didn't tell them who shot him. The casings were collected. The next day an officer responded to apaartment on Glass Road apartments. He saw Valentine and knew Valentine was involved with guns. Valentine started walking faster away from him and then officer finds gun in trash can. 

A probation officer said Valentine violated rules and his probation was revoked and he went to prison. 

Walker had no issues with Valentine because Valentine was in prison a few months before he came to Taboo.  

Hradek closing: At Taboo nightclub on April 10, was a regular weekend night. There was a 90s threme night. Bar was packed and people were dancing. Hard to move around bar. 

Walker was there having fun. At 1:30 a.m. most would be headed out. Valentine walks in the door. He sticks out with white t-shirt on his head. Walker sees him. Valentine works his way through the bar. Walker's demenor changes. He keeps looking at Valentine and he is concern. 

Walker starts walking quickly towards the door. It was closed. When Valentine's hand come up, Walker turns around and shoots. 

Schulte is showing another angle of the video. Valentine is smiling, giving hugs. Makes his way through the crowd. "Is this aggression?"

Valentine goes to reach for his friend and Walker fires. there was no threat from Valentine. This was an execution. 

The state asks you to come back with a guilty verdict for each of the charges.  

Schulte is showing part of the video of the shooting. Valentine and his friend walk into club. Walker then spots Valentine. He continues to stare at him. Valentine is talking to a woman. Walker walks towards exit but doesn't leave. 

Walker walks towards bar and turns his back on Valentine, then spins around and starts firing. 

Schulte: Walker didn't have a reasonable belief that he was in danger. He used  unreasonable force. Shooting someone at close range, 7 times. He didn't stop after first shot, he continued firing. Walker was engaged in illegal activity because he was a felony in possession of a gun. 

Schulte: Felon in possession of a firearm - Walker knowingly possessed a firearm. He has a previous conviction in Johnson County in 2018. No question he was a felon and had a gun. 

Schulte: This wasn't self defense. 

Second charge - going armed with intent - he was armed with dangerous weapon with specific intent to use against another. No time required to make this decision. Walker moved from one place to another. The prosecution has proved this charge.

Valentine wasn't aggressive towards Walker or anybody else.

Schulte: She is going over elements of first-degree murder.

The video shows the premeditation. Walker keeps watching Valentine, pausing and keeps thinkng about what to do. He is also looking at Valentine with hatred and malice. 

Specific intent - When Walker loaded round after round he had specific purpose to kill Valentine. 

 

Schulte: April 10 at the Taboo club, Walker sees this as his chance for revenge. Walker walks towards bar, turns his back on Valentine - he doesn't seem fearful. 

Valentine goes to shake someone's hand and Walker then spin around and opens fire. 

Schulte: Walker told police he didn't know who shot him in 2016. Even if Valentine shot him back then, that was 7 years ago. No evidence Valentine did anything to Walker. 

In club, Valentine is having fun, talking to people. He never even looks at Walker or appears to know he is there. 

 

Schulte: Showing jurors video still of Walker looking at Valentine  - "like a dog looking at a squirrel." 

Walker then runs out the door after shooting him. It makes no sense the he wouldn't flee if he was afraid of Valentine. Walker could have left at any time. He had so many chances to make another decision. 

The defense provided a motive. They said Valentine tried to shoot Walker in 2016. that evidence is weak. They found a gun in a trash can. No officers saw Valentine with gun. DNA mixture found on gun. It wasn't Valentine's.   

Schulte: Valentine tried to shield his face from gunshots. He raised his hand and a shot went through his hand. Valentine falls to his knees but Walker continued to shoot him. 7 shots. He never had a chance. Valentine didn't see him but Walker saw him. 

Schulte's closing argument: 

This was an unexpected and deliberate attack on Valentine. This was a first-degree murder when Valentine was shot 7 times in a matter of seconds. He didn't know Walker was about to end his life. Walker spins around and shots Valentine in the face. The first shot went through nose.  

She is showing photos of Valentine and crime scene. 

Jury just came in.

They will get started in a few minutes.

Linn Co Atty Rena Schulte will have her closing first, then Sarah Hradek will follow. Schulte then gets to rebut. 

The reading of the instructions has concluded.  Judge will have lunch and then closings will follow about 12:30 or as soon as jurors have finished lunch.

The instructions are lengthy. Not sure how long this will take.

I will be back live when the Judge has finished reading those.   

The jury instructions will be read and then he will give the jury a lunch break. Closing arguments will begin after that break. 

Judge will bring in jury. 

Jury is on a break. 

I think he will bring the jury back in and read the instructions, which are lengthy. Give another break - likely lunch break and then the prosecution and defense will give their closing arguments.

This seems to be a fluid plan right now. So it might change a bit.   

The defense rests. 

Prosecution has no rebuttal witnesses. 

 

Judge denies directed verdict for judgment of acquittal made by defense.

Jury will come back in.  

Walker will not testify he confirmed with Judge Chappell. 

Again, the jury has been out during this time.  

Defense will not have a second witness. 

Judge is giving the jury a recess. He is taking up something with the lawyers. 

Johnson: She interviewed Kylie Cooper, who was at the club the night of the shooting. Cooper was told by another person that Valentine told that person to get out of the club.

She called the person Cooper said she talked with. Cooper's name was given to an investigator.  

No cross. 

Johnson is excused.  

Good morning all! I'm having some connection issues this morning. We will see how it goes. There should be one or two defense witnesses this morning. 

Cedar Rapids police officer Tracy johnson takes the stand.