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Mar'yo Lindsey Jr. found guilty in December shooting of child

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WATERLOO — A Waterloo man was found guilty in a December shooting that injured a 9-year-old boy.

A Black Hawk County jury deliberated for about two and a half hours Monday before finding Mar’yo Doyuan Lindsey Jr., 21, guilty of intimidation with a weapon, willful injury causing bodily injury, felon in possession of a firearm going armed and carrying weapons.

He faces up to 25 years in prison with a mandatory five years before parole. Sentencing will be at a later date, and Lindsey remains in custody until then.

Prosecutors said the child, Anton Kincaid, was sitting on the couch of his home at 1241 W. Mullan Ave. on Dec. 15 watching TV with his family when bullets began ripping through a west window and wall. One of the rounds struck him in the buttocks.

During closing arguments Monday, Assistant County Attorney Brad Walz displayed a photo of the boy’s bloody injury to jurors.

“That’s what the defendant is responsible for. … That’s what the defendant caused. That’s what the defendant did,” Walz said.

Authorities said the intended target was likely a relative of Anton’s mother, who had been at the house earlier that day but wasn’t present for the gunfire. Walz said the relative had been receiving threats before the shooting.

Walz said an accomplice, Aundrey Frequal Roberts Jr., who is being tried separately, drove Lindsey and an unidentified man in Lindsey’s Chevrolet Trailblazer to the area before the shooting and dropped them off about block away. The Trailblazer then picked them up at another location after the shooting.

Some 14 shots hit the house, and police found both 9 mm and .40-caliber shell casings outside.

No witnesses could place Lindsey at the scene, and the guns were never found. There was no DNA evidence or fingerprint linking him to the crime.

“No one got on the stand and said, ‘That’s Mr. Lindsey,’” said defense attorney John Bishop.

But video showed Lindsey’s vehicle stopping in a nearby alley and two people exiting and walking off. One of the people was wearing a striped hooded sweatshirt, different colored gloves and black pants, and police said they found a sweatshirt and gloves matching that description in Lindsey’s vehicle hours later. His vehicle was found in a ditch near his father’s home with his phone, keys and other belongings locked inside.

When police contacted Lindsey, he was wearing black pants and shoes that were consistent with footprints found in the snow near the shooting, according to testimony.

“That’s what the chain of facts shows. That’s what the evidence shows. That’s what common sense tells us,” Walz said.

Walz said while there were two shooters and he couldn’t prove Lindsey had fired the bullet that struck the child, Lindsey and other gunman — who authorities never were able to identify — acted together in the attack.

Roberts was on probation at the time, and GPS information from his ankle bracelet showed he passed through the area and was the likely getaway driver, police said.

Bishop said Lindsey may have loaned the vehicle to Roberts, not knowing his intentions. He noted it wasn’t unusual for people involved in criminal activity to use other people’s vehicles so they can’t be tied to the crime.

He said there was plenty time for Roberts to drop off the attackers and return the vehicle to Lindsey following the shooting.


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