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Williams seeks change of venue for murder trial; prosecution resists

Antoine Williams
Antoine Williams

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City man charged with murder is seeking a change of venue away from Floyd County, but the prosecution is resisting the motion.

The attorney for Antoine Tyree Williams, charged with first-degree murder in the June 30 shooting death of Nathaniel Fleming of Mason City, is seeking the change of venue due to “extensive publicity surrounding this case.”

“Such a degree of prejudice exists in Floyd County that there is a substantial likelihood that a fair and impartial trial cannot be preserved with a jury selected in Floyd County,” according to the motion filed by Nellie O’Mara, Williams’ attorney.

The motion later referred to “negative and extensive publicity.”

The case is being prosecuted by Floyd County Attorney Rachel Ginbey and Coleman McAllister, an assistant attorney general with the state attorney general’s office.

McAllister filed a resistance to Williams’ request, arguing that the defendant had failed to cite any specific instances of pretrial publicity, including any specific evidence of excessive or prejudicial publicity.

“The Iowa Supreme Court has long held that in order to prevail on a motion to change venue, the defendant must establish that the publicity surrounding the case is so pervasive and inflammatory that prejudice must be presumed or that actual prejudice has occurred,” McAllister wrote.

“The state is not aware of any media coverage that consists of anything more than brief and predominantly factual accounts of the charge and the court proceedings,” McAllister wrote. “The coverage was not sensational. In addition, none of the media reports indicate that defendant is guilty of the crimes charged.

“Iowa Courts have consistently held that a juror’s mere exposure to news accounts does not rise to the level of a substantial likelihood for prejudice.”

No date has been set for a hearing on the motion for change of venue.

Williams is accused of shooting Fleming, resulting in his death, on the evening of June 30 in Charles City. The trial has been scheduled to begin Tuesday, Oct. 10.

In related news, O’Mara filed notice of her intent to take oral depositions from 41 or more people with varying connections to the case. Depositions were taking place Wednesday at the Floyd County courthouse.

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