–A judge has denied a request for a new trial from the man who was convicted last month in the September 2023 shooting death of Algona Police Officer Kevin Cram.
Attorneys for 44-year-old Kyle Lou Ricke filed a motion on August 5th requesting a new trial, following his conviction on a charge of 1st Degree Murder back in July. In that motion, Attorney Barbara Westphal argued that the jury’s verdict of guilty was contrary to the evidence presented during trial, and insufficient to prove the premeditation required for a conviction on a charge of 1st Degree Murder.
Following a video conference on Monday, Judge Nancy Whittenburg denied the defendant’s request for a new trial Tuesday.
In a 10-page ruling, Judge Whittenburg writes “The Iowa Criminal Jury Instructions defining “willful, “deliberate”, “premeditate” and “malice aforethought” do not require any particular length of time before the act.
She goes on to say the defendants “actions of walking away from his conversation with Officer Cram, retrieving a firearm, and then returning to where Cram was standing to unload all or nearly all of his firearm’s magazine into Cram’s body is sufficient to suggest “willful”, “deliberate”, and “premeditated” conduct. These acts also suggest malice.”
With the motion for a new trial denied, Ricke’s sentencing will continue as scheduled Wednesday at 9:30 AM. The 1st Degree Murder conviction carries a mandatory sentence of life in prison without the possibility of parole.
