Des Moines teen to face murder charge as adult

A reputed teen gang member accused of gunning down a North High School sophomore in a Des Moines alley will face a murder trial in adult court, a judge ruled Wednesday.

District Associate Judge Joseph Seidlin chose to transfer the first-degree murder charge pending against Marvin Holmes from juvenile to adult district court, writing that the teen has "clearly been indoctrinated into the allegiances and most violent aspects of gang culture."

Holmes, 15, is accused of shooting Kendall Foster, 17, in the back during an afternoon incident April 29.

Des Moines police detective Jake Lancaster testified at a May hearing that the two teenagers were "stalking" a group of three people through the city's King Irving neighborhood after an earlier confrontation with the group. At least one of the teens began firing at the group when Foster was shot and fell to the ground.

Police were still investigating the killing, and Lancaster was unable to say in May whether investigators believe Foster's death was intentional. Regardless, the killing was the result of "determined" and violent choices by Holmes that cast doubt on whether he could be rehabilitated in the juvenile system before turning 18, Seidlin wrote in his 10-page ruling.

"The proof provided shows at a minimum, a determined plan to intimidate, injure or kill individuals who were posing no threat to Marvin," the judge wrote. "This killing occurred in the broad daylight of a late afternoon in a well-populated neighborhood. In addition to the violent intent toward the targeted individuals, this shooting, involving several rounds, demonstrated a clear disregard for the well-being of innocent bystanders."

PREVIOUSLY: Prosecutor: Alleged teen shooter led life of 'guns, gangs and drugs'

Seidlin also wrote that testimony from police officials and a juvenile court officer portray Holmes as being involved in "severe" anti-social behavior.

There's substantial evidence showing that Holmes was a member of Folly, a small gang faction that's associated with one of Des Moines' most notorious street gangs, C Block, he wrote. Additionally, testimony showed Holmes had missed 70 days of school during the academic year before the shooting.

"The lifestyle Marvin was leading in the period leading up to this offense, and the manner in which this killing is alleged to have occurred causes grave concern for the safety of this community and the best interests of this child," Seidlin wrote.

To waive the case to adult court, Seidlin was only required to find probable cause to believe Holmes was involved in the killing — a much lower burden for prosecutors to meet than the "beyond a reasonable doubt" standard necessary to win a criminal conviction in a jury trial.

In the ruling, the judge pointed to evidence that Holmes was seen wearing similar clothing at school the day before the killing as a masked man captured on surveillance tape from the scene who police believe is the shooter. Foster's father also identified Holmes as the shooter after seeing the surveillance footage, Lancaster said during his May testimony.

However, the detective admitted in May under questioning from attorneys appointed to represent Holmes that there were no eyewitnesses who saw the East High teen at the shooting scene.

Gangs, gunfight linked to North High student's slaying

Foster's death led to renewed calls to end gun violence on Des Moines' streets, and he was remembered at a vigil as a well-liked member of the school's basketball team.

If the case stayed in juvenile court, Holmes could have been sent to the Boys State Training School in Eldora to receive services aimed at rehabilitating him by his 18th birthday.

Moving the case to adult court means that Holmes could spend his life in prison if convicted, with any decision on his release likely being left to the Iowa Board of Parole. Seidlin pointed to a recent ruling from the Iowa Supreme Court that banned life sentences with no chance for parole for convicted killers who committed their crimes under the age of 18, writing that the ruling would mitigate any concerns about the teenager receiving an overly "harsh" sentence.

Seidlin chose to keep a marijuana possession charge that is also pending against Holmes in juvenile court, noting that the crime is only a serious misdemeanor. "It is conceivable that Marvin is acquitted of that (murder) charge," he wrote. "His juvenile court officer acknowledges that if that happened, there would be no reason for the possession charge, a serious misdemeanor, to be handled in District Court."