Eagle Grove resident Michael James Shivers was found guilty by a Webster County jury, on two counts of second degree murder in the deaths of Jamal Cox and Tyrone Cunningham. Shivers went on trial October 19th.
Four other men were originally charged in addition to Shivers in the killings, which took place during a June 15, 2020 shootout in Fort Dodge which defense witness Cierra Shivers described as "a war zone". However the Webster County Attorney's office concluded that James Davis Jr., Darryll Jones, Jeremiah Hatten, and Michael Wells could not be proven guilty at trial beyond a reasonable doubt, and murder charges against the four men were dismissed.
In testimony about conversations with two of the original defendants, Wells and Hatten, Shivers' brother Ira alleged that the two had taken plea deals "to say Mike shot first."
A related contention in the trial was defense attorney Christopher Kragness' motion for a mistrial after the prosecution rested its case. Which Kragness called for because the defense was not provided with audio recordings of the statements made to law enforcement by Hatten and Wells in exchange for their plea deals. Webster County District Court Judge James McGlynn, who presided over the trial, denied the motion calling a mistrial "the nuclear option", and asserting that "the bulk of what you're talking about, the jury was made aware of."
Seemingly intent on asserting his innocence in court, Shivers had rejected a plea agreement offered by prosecutors, under which he could have served less than five years in prison with good behavior. Asked by Judge McGlynn if he understood that refusing the deal "could put you in prison for the rest of your life" if convicted, Shivers had replied, "yes, your honor."
Now that Shivers has been convicted, the 56 year old faces at least seventeen and a half years behind bars, to as long as half a century. Sentencing is scheduled for December 13.
