Felon Convicted Of Possessing Gun Used In Prior Shooting
Contact: Peter Deegan
A man who had a firearm hidden under his seat during a traffic stop in Waterloo was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.
Delvonn Battle, 31, from Des Moines, Iowa, was convicted of possessing a firearm as a felon. The verdict was returned this afternoon following about one hour of jury deliberations.
The evidence at trial showed that Battle was riding in the passenger seat of a vehicle pulled over by Waterloo police officers just before midnight on January 13, 2012. The vehicle was driven by Ryan Marshall. A third occupant was in the rear passenger seat. All three occupants were from Des Moines. Based on inconsistent statements by the three occupants and other suspicious behavior, officers searched the vehicle. A loaded Ruger 9 millimeter pistol was found directly under Battle’s seat.
State crime lab evidence showed that the pistol located under Battle’s seat was the exact same firearm used in a shooting at a gas station in Des Moines just one month earlier. Battle was identified by an eyewitness as the shooter in the gas station shooting.
The driver of the vehicle, Ryan Marshall, was convicted of transporting a firearm as a felon earlier this year following a state jury trial in Black Hawk County. Marshall was not charged in the federal case.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Battle remains in custody of the United States Marshal pending sentencing. Battle faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Waterloo Police Department Violent Crime Apprehension Team (VCAT), and the Des Moines Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-2005.