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OTTUMWA A district court judge has ruled Venhure Tsegay will not be allowed to use Iowas stand your ground law as a defense at his murder trial.

Tsegay is accused of shooting and killing a 16-year-old last fall. Tsegays attorney has filed papers indicating he will use a claim of self defense at trial, and had filed further papers requesting that the law, which went into effect July 1, be retroactively applied to Tsegays pending case.

The court didnt accept that argument. Judge Lucy Gamon said Iowa law applies prospectively, to future cases only, unless the legislature specifically intends a change to be applied retrospectively. Gamon noted the legislators did not do so in this case.

The Iowa legislature did not specify that the stand your ground law was to apply retrospectively. Thus, the Court presumes that the legislature meant the law to apply prospectively only, Gamon wrote.

Gamons ruling bars the defense from using a stand your ground strategy for the time being, but this may not be the final word on the subject. The defense has filed a reply asking that Gamon reconsider. That filing says Gamons ruling did not take into account exceptions to the presumption laws should apply only to future cases.

Other filings in the case indicate the defense has begun the process of deposing witnesses.

Tsegays trial is currently set for mid-October, though delays are common in murder cases. Tsegay faces a life sentence if convicted.

In other area cases:

The defense in the arson and assault case against Michael Heady, Sr., has sought a continuance. The filing says all sides agree on the request. Heady was shot by police after allegedly setting a house on fire in 2016, firing into it, and pointing a rifle at officers.

The city has applied to the court for inspection of Larry Clabaughs property on North Court Street, a site that was the subject of a court fight earlier this year. Clabaugh sought to use the property for a massive car auction. Neighbors and the city objected. The city also accused Clabaugh of multiple violations of city code.

The new filing says Clabaugh has continued to violate municipal ordinances and new violations have also occurred requiring citations. A hearing is scheduled for Sept. 11.

Gregory Hawks charge of assault causing serious injury was dismissed as part of a plea bargain that saw him enter an Alford plea to assault while displaying a dangerous weapon. An Alford plea does not admit guilt, but accepts that there is enough evidence to likely result in such a verdict.

Hawk received a one-year suspended prison sentence on that charge. It will run concurrently with a five-year suspended prison sentence and five years probation on a charge of possession of a controlled substance.

A charge of possessing contraband, specifically a sharpened stick and several other items, has been added to Armando Levyas case. He already faced charges of kidnapping, sexual abuse and assault with the intent to commit sexual abuse.

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Court disallows 'stand your ground' defense - Ottumwacourier