By HILARY FERRAND
OST news editor
hferrand@osceolaiowa.com
Richard Ryan Lamb Carson, 40, of Osceola has been found guilty of two counts of Murder in the First Degree in the shooting deaths of Noe Flores, 27, and Erick Reyna, 22. Sentencing is set for 11 a.m. Thursday, June 15, at the Clarke County Courthouse.
The prosecution opened the second day of testimony on Tuesday by calling firearms expert Victor Murilla, a criminalist with the Iowa Division of Criminal Investigation (D.C.I.). Murillo has been a firearms specialist withD.C.I. since 1989.
Murillo confirmed all 16 bullets found in Carson’s truck were a match to the bullets found in Flores and Reyna, and that they came from the gun police recovered from a storm drain outside the home of Tracy Kay Johnson, 45, of Osceola, Carson’s former girlfriend. That firearm was identified as a .357 Taurus seven-shot revolver with a single- and double-action trigger pull.
A photo of Carson was displayed showing him holding a weapon very similar to the Taurus, and earlier witnesses testified they thought it was the same gun. Michael Adams, for the defense, argued that wasn’t the case and the weapon in the photo was, in fact, a Smith & Wesson.
Medical examination
Dr. Michele Catellier, associate state medical examiner, took the stand to shed light on the victims’ injuries. Most notable were the bullet holes in Reyna’s arm and hand and the atypical bullet wounds in his cheek and forehead.
“It’s entirely possible, if not probable, that his hand was in front of his face at the time of the gunshots,” said Catellier. Assistant Attorney General Susan Krisko for the prosecution confirmed the doctor believed Reyna was likely holding up his hand to protect himself during the shooting. The doctor also confirmed that one of the bullet holes in Flores’ head came from behind.
On cross-examination by defense attorney Jill Ann Eimermann, Catellier said Reyna had a wallet containing money on his person at the time of his death and Flores had a small plastic bag containing a crystalline material, identified as methamphetamine.
Following Catellier’s testimony, the state rested its case.
Eimermann called for the court to find Carson not guilty, saying the state did not prove the gun belonged to Carson or premeditation. The defense also felt the testimony of Johnson and Byers couldn’t be trusted as the witnesses had their own motives.
Judge John D. Lloyd determined the jury had enough evidence to make a determination on the charges and moved ahead with the trial.
The defense had subpeoned a former Osceola resident, Deva Sinklier, who had filed a police report in 2007 alleging Flores and Reyna were part of a group of boys harassing her son. However, she was unable to recall which boys were involved or whether there was any mention of a weapon, so she wasn’t brought to testify before the jury.
Carson would be the final witness to take the stand.
Claiming self-defense
The crux of Carson’s defense was a plot by an underground society to kill him or put him away for life.
He posited that while walking to his car and back for a pack of cigarettes, Carson approached a black Honda in the driveway of his friend’s home to ask for a light and found himself on the wrong end of a gun.
“He fired a round off, directly at me... I grabbed for the firearm and turned it back like this on him. As I started to stand, I pulled off two quick shots, and I connected both shots to his head. I was looking at the driver, and the driver pulled up a snub nose. I fired two more rounds,” said Carson.
The defendant said he fired a final shot at the driver, striking him in the chest. Carson also said he dropped the shooter’s gun through the window into his lap, where he found a third gun — an automatic pistol and a magazine in his left hand.
The evidence contests all of his testimony. From the clothes the victims were wearing to where they were seated in the car and the location of their wounds, Carson’s version of events is not supported. There are no witnesses to back him up, and at times, his own words contridict his statements. The reason for this is simple, according to his defense.
“It’s referred to as the Right Ring,” said Carson. “There’s quite a few people in law enforcement that are part of it. There’s people in different parts of society, from Department of Human Services to different roles in government.”
“And they target people like you and set you up?” Krisko asked.
“I wouldn’t exactly say that,” Carson said, before describing in detail an ongoing dispute involving the treasurer’s office, local banks, law firms and former in-laws.
According to Carson, immediately following the shooting, two police cruisers approached him.
“I seen headlights pull up north of the Methodist church... I seen a squad car pull up to the stop sign on Fillmore. I seen another squad car... That was the first time I was happy to see a cop in my entire life ever... I put both hands up. The two cops looked at me, they looked at each other, they looked at me... like, ‘How dare you live through that.’ That was the look I got,” said Carson.
Carson disputed the testimony of both Johnson and Byers, and went on to deny owning the gun used in the shootings, moving the bodies or being anywhere near Jameson, where two homeowners said they’d allowed Carson and his friend, Chris Elben, to use their phone. Carson also admitted to lying to police during initial interviews.
“My question to you is, ‘You were not being honest with the police?” asked Krisko.
“Well, they weren’t being honest with me either,” said Carson, insisting he was trying to determine what information the authorities already knew about the crime.
The defendant struggled to answer questions, often wandering to other topics and refuting the names of the officers listed in transcripts, as well as what was said during the interviews. Krisko was not the only one in the courtroom frustrated by his testimony.
“Mr. Carson, please answer the questions you’re asked and then quit talking,” said Lloyd, later warning the defendant to stick with answering questions or his testimony would be stricken from the record.
The defense rested its case shortly after, though requested a mistrial during closing arguments. The request was denied.
While the victims’ families might not have received the answers they’d hoped for from the trial, the verdict did go in their favor. It took just under two hours for the jury to return a unanymous verdict of guilty in both counts of first-degree murder.