IN THE COURT OF APPEALS OF IOWA
No. 20-1098 Filed February 16, 2022
STATE OF IOWA, Plaintiff-Appellee,
vs.
QUINTARIUS BROWN, Defendant-Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer,
Judge.
Defendant appeals his convictions and sentences for first-degree murder
and first-degree robbery. AFFIRMED.
Martha J. Lucey, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, and Kyle Hanson, Assistant Attorney
General, for appellee.
Heard by Schumacher, P.J., Badding, J., and Gamble, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206
(2022). 2
SCHUMACHER, Presiding Judge.
Quintarius Brown appeals his convictions and sentences for first-degree
murder and first-degree robbery. We find the district court did not err by overruling
Brown’s hearsay objections. The court did not abuse its discretion by permitting
the State to present evidence of Brown’s Facebook messages or a video Brown
sent to a friend. The court properly denied Brown’s motion for new trial. The court
did not abuse its discretion in ordering Brown to serve consecutive sentences. We
affirm Brown’s convictions and sentences.
I. Background Facts & Proceedings
Brown was charged with murder in the first degree, in violation of Iowa Code
sections 707.1 and 707.2 (2017), and robbery in the first degree, in violation of
section 711.2. The State alleged that on December 11, 2017, Brown entered the
home of Cedric Craft with the intent to steal cash and marijuana and shot Craft
during the course of the robbery.
Brown’s jury trial commenced on February 4, 2020. From evidence
presented during the trial, the jury could find the following facts. Brown’s girlfriend,
who was dating Brown during November and December 2017, testified Brown had
a “cop gun” at Thanksgiving that year. Brown also showed her a video of himself
with the gun. She testified that Brown, who was sixteen years old on December
11, 2017, was a close friend of T.G., who was then fourteen years old.
Craft sold small amounts of marijuana from his home. He usually had
marijuana and about $4000 cash in the home. Craft’s girlfriend testified Brown
sometimes purchased marijuana from Craft. She stated that in the week before
December 11, there was a conflict between Craft and Brown. In the week before 3
December 11, T.G. sent Brown a text message asking to see the gun. Brown sent
him a video showing Brown with a .380 pistol.
On December 11, Brown sent T.G. a message through Facebook
Messenger stating he was “piped up,” meaning he was carrying a gun. Brown also
stated, “When it get dark then we gone get this cash and then get sum gas and we
finna shoot out of town.” Brown told T.G. to wear dark colors. T.G. also received
a Facebook message from Brown stating, “I’m trynna hit sum licks and I got and
380 on me right now,” and “a person we can stain me and u.” Both “lick” and “stain”
refer to a robbery.
Brown and T.G. met with two of Brown’s uncles near a convenience store
in Waterloo.1 They observed Craft enter the convenience store, purchase some
food, and then leave again. Brown said something to Craft, and Craft responded
that Brown knew where he lived.
Craft’s adult daughter was living with her father on December 11. After they
ate sandwiches her father purchased at the convenience store, Craft’s daughter
took a bath. She heard her father talking to someone, so she went directly upstairs
to her room after her bath. Craft’s daughter heard two gunshots. She hid in her
closet and texted friends, asking them to call the police. T.G. testified that he was
outside Craft’s home while Brown and one of the uncles entered the home. T.G.
heard two gunshots, and Brown and an uncle ran out of the house.
Police officers arrived within a few minutes and blocked off the street in front
of Craft’s home while they processed the crime scene. They found Craft had been
1 The uncles are not specifically identified in the record. It is not clear if they were, in fact, Brown’s uncles. The State was unable to locate these individuals. 4
shot in the head with a .380 pistol. He died as a result of the gunshot wound. The
handle of a knife was sticking out of Craft’s pocket.
In the meantime, T.G. and Brown ran back to T.G.’s house after the
shooting. T.G.’s brother, D.G., was sitting in a car outside the house with D.G.’s
girlfriend. Brown was visibly excited and said he “smoked” someone. D.G.’s
girlfriend drove D.G., T.G., and Brown to the area of Craft’s house, where they saw
the streets were blocked. D.G.’s girlfriend testified Brown laughed and said he
shot Skee in the head. Skee was a nickname for Craft. D.G. and T.G. testified
Brown stated he shot Craft because Craft tried to pull a knife out. Brown, D.G.,
and T.G. smoked some marijuana that Brown said he got from Craft’s house.
T.G.’s girlfriend testified T.G. was very nervous that evening. When she
asked what was wrong, he showed her an article on Facebook about the shooting.
The next day, Brown told D.G. and T.G. to delete their messages from him. About
two weeks after the shooting, Brown told T.G.’s girlfriend, “I killed him.” She stated
Brown “was laughing. He thought it was funny, smiling the whole time.”
Brown was arrested on August 30, 2018. Information on his cell phone was
missing from December 9 to 13, 2017. Police officers did not recover the gun used
to kill Craft.
Brown presented the testimony of Datarius Spates, who knew T.G. from the
State Training School. Spates testified he got into an argument with T.G., who told
him he would shoot Spates like he shot Craft. According to Spates, T.G. stated he
went into the house with Brown and they both shot Craft.
The jury found Brown guilty of first-degree murder and first-degree robbery.
The court denied Brown’s motion for a new trial. The court sentenced Brown to 5
life in prison on the charge of first-degree murder and a term of imprisonment not
to exceed twenty-five years on the charge of first-degree robbery, to be served
consecutively.2 Brown now appeals.
II. Hearsay
Prior to trial, Brown filed a motion in limine requesting that the State be
prohibited from offering hearsay statements. The court ruled the State could not
disclose any potential hearsay evidence “until further offers of proof and further
objections have been made to the court prior to final rulings on admissibility.”
During the trial, Craft’s daughter testified she heard someone say, “Give me
all you got.” No objection was made to the testimony. Craft’s daughter was then
asked about her father’s response. Brown objected on the grounds of hearsay. In
an offer of proof, Craft’s daughter testified Craft stated, “On my daughters, that’s
all I have.” Craft’s daughter stated someone said, “No, it ain’t.”
At the completion of the offer of proof, Brown again objected on hearsay
grounds, stating, “[A]ll of this, whether it’s their statements coming from her father
or some other unknown individual, is hearsay.” The State claimed the statements
were not presented for the truth of the matter asserted, but to show the conduct of
the parties during the course of the robbery. The district court ruled:
I am going to overrule the objection made by the defense. The defense’s objection was that the statements were hearsay. I agree there’s no evidence that they were Mr. Brown’s statements in the record. However, I am accepting the State’s position that they are admissible under [Iowa Rule of Evidence] 5.801(c), and I am going to allow them on that basis.
2Because Brown was not an adult at the time of the offenses, the sentences did not include a mandatory minimum term of confinement. See State v. Harrison, 914 N.W.2d 178, 189 (Iowa 2018) (“[T]he Iowa Constitution prohibits all mandatory minimum prison sentences for juvenile offenders.”). 6
Craft’s daughter testified in front of the jury concerning the statements she
overheard.
Brown contends the district court erred by overruling his hearsay objection
to Craft’s daughter’s testimony. We first note there is an error-preservation issue
because Brown did not object to Craft’s daughter’s testimony that she heard
someone say, “Give me all you got.” See State v. Jentz, 853 N.W.2d 257, 262
(Iowa Ct. App. 2013) (noting that a party must make an objection in a timely
manner in order to preserve error).
Brown contends that he was not required to object because under the ruling
on the motion in limine, the State was first required to make an offer of proof before
it could offer any potential hearsay evidence. Brown did not claim during the jury
trial that the State should have made an offer of proof before eliciting Craft’s
daughter’s statement that someone said, “Give me all you got,” to her father.
Because the issue was not raised, the court did not make a ruling on whether the
State breached the ruling on the motion in limine. See State v. Zacarias, 958
N.W.2d 573, 587 (Iowa 2021) (noting that in order for error to be preserved, issues
must be both raised to and decided by the district court). Therefore, the issue was
not preserved for appeal. However, even if the issue had been preserved, as we
discuss below, the statement was not inadmissible hearsay.
Brown claims Craft’s daughter’s statements were not admissible because
they were hearsay. He asserts that the primary purpose of the testimony was to
prove the truth of the matter asserted—that someone was demanding something 7
from Craft. Brown asserts that he was prejudiced by the admission of Craft’s
testimony.
Under Iowa Rule of Evidence 5.801(c),
“Hearsay” means a statement that: (1) The declarant does not make while testifying at the current trial or hearing; and (2) A party offers into evidence to prove the truth of the matter asserted in the statement.
Hearsay statements are generally not admissible. Iowa R. Evid. 5.802. We review
the district court’s rulings on matters of hearsay for the correction of errors at law.
State v. Newell, 710 N.W.2d 6, 18 (Iowa 2006).
Even if Brown made a timely objection to Craft’s daughter’s statement that
she heard someone tell Craft, “Give me all you got,” the statement is not
inadmissible hearsay because it was a command, not “an assertion of fact.” See
State v. Leonard, 243 N.W.2d 887, 890 (Iowa 1976) (“An out-of-court utterance is
not hearsay unless it contains an assertion of fact and is offered to prove the truth
of that assertion.”); see also United States v. Thomas, 451 F.3d 543, 548 (8th Cir.
2006) (“Questions and commands generally are not intended as assertions, and
therefore cannot constitute hearsay.”); Bustamante v. State, 557 N.E.2d 1313,
1316 (Ind. 1990) (“True requests, commands, and questions are not assertions,
and evidence regarding such utterances may come in because they are not offered
for the truth of the facts asserted.”).
Brown made a timely hearsay objection to the statements, “On my
daughters, that’s all I have,” and “No, it ain’t.” The State contends the statements
were not hearsay because they were not presented for the truth of the matter
asserted. 8
If a statement is not presented to prove the truth of the matter asserted, it
is not hearsay. State v. Plain, 898 N.W.2d 801, 812 (Iowa 2017). “[W]hen an out-
of-court statement is offered, not to show the truth of the matter asserted but to
explain responsive conduct, it is not regarded as hearsay.” State v. Banes, 910
N.W.2d 634, 642 (Iowa Ct. App. 2018) (alteration in original) (citation omitted). The
court considers “whether the statement is truly relevant to the purpose for which it
is being offered, or whether the statement is merely an attempt to put before the
fact finder inadmissible evidence.” State v. Elliott, 806 N.W.2d 660, 668 (Iowa
2011) (quoting State v. Mitchell, 450 N.W.2d 828, 832 (Iowa 1990)).
We find the statements were not offered for the truth of the matter asserted.
The statements were not presented to show whether Craft gave the robbers all he
had or whether he had more marijuana and cash that he did not give them. “[T]he
making of the remark was relevant evidence without reference to its truth or falsity.”
See Leonard, 243 N.W.2d at 890. Because Craft’s daughter’s testimony “was
received without reference to the truth or falsity of any assertion in it,” the
statements were admissible. See id. at 891. We conclude the court did not err by
overruling Brown’s hearsay objection.
III. Facebook Exhibits
Brown communicated with T.G. through Facebook Messenger. Investigator
Brice Lippert testified officers sent a search warrant to Facebook for the accounts
of Brown, T.G., and D.G. Facebook sent the police department certified
information from these accounts. During the trial, the State submitted the 9
certifications of authenticity for these Facebook records.3 Brown did not object to
the admission of the certificates.
Investigator Lippert testified that some messages sent by Brown to T.G.
were deleted from Brown’s Facebook account but were present in T.G.’s Facebook
account. These messages included the statements, “I’m trynna hit sum licks and
I got and 380 on me right now,” and “a person we can stain me and u.”
A. Brown objected to exhibits containing the messages on the ground
of lack of foundation. The court overruled the objection. Brown claims the court
abused its discretion by overruling his foundation objection. We will reverse the
court’s ruling only if there has been an abuse of discretion. Zacarias, 958 N.W.2d
at 580. There has been an abuse of discretion when the court’s ruling is based on
grounds that are “clearly untenable or clearly unreasonable.” State v. Donahue,
957 N.W.2d 1, 6 (Iowa 2021) (quoting Plain, 898 N.W.2d at 811).
In order to authenticate evidence, “the proponent must produce evidence
sufficient to support a finding that the item is what the proponent claims it is.” Iowa
R. Evid. 5.901(a). “Evidence that an electronic writing is what the proponent claims
it is requires ‘evidence sufficient to show that the purported author of the
communication, whether it be an email, a Facebook posting, or a text message,
actually authored or published the content.’” State v. Acosta, No. 19-0364, 2020
3 The district court noted the Facebook certifications of authenticity were executed by the custodian of records for Facebook. The court found the certificates “verifie[d] that the records provided are an exact copy of the records that were made and kept by the automated systems of Facebook in the course of regularly- conducted activity as a regular practice of Facebook, and it explain[ed] how the records were saved and preserved.” The certificate of authenticity contained a declaration “under penalty of perjury that the foregoing certificate is true and correct to the best of [the signer’s] knowledge.” 10
WL 7021516, at *2 (Iowa Ct. App. Nov. 30, 2020) (citation omitted). “Once the trial
court determines this foundational requirement has been met, any speculation to
the contrary affects the weight of the evidence rather than its admissibility.” State
v. Akok, No. 17-0655, 2018 WL 4362065, at *1 (Iowa Ct. App. Sept. 12, 2018).
In Akok, this court found there was a prima facie showing of authentication
of Facebook messages that were sent from the account of a person identifying
himself as the defendant and from a computer address the defendant had access
to. Id. In State v. Simpson, Facebook posts were authenticated through testimony
of a person who received the post, the post corresponded to the defendant’s public
Facebook page, and the contents related to the witness. No. 18-0666, 2020 WL
4812647, at *2 (Iowa Ct. App. Aug. 19, 2020). In Acosta, Snapchat messages
were identified through the username of the person sending them, screenshots, as
well as the timing and context of the messages. 2020 WL 7021516, at *3.
The Facebook account was in the name of Quintarius Brown. Investigator
Lippert matched photographs from the Facebook account to photographs on
Brown’s cell phone. In addition, T.G. and Brown’s girlfriend stated that
conversations they had with Brown were the same as messages in the Facebook
account. Both T.G. and Brown’s girlfriend testified that they communicated with
Brown through Facebook. We conclude the State established a prima facie
showing of authentication. See id. We conclude the district court did not abuse
its discretion in overruling Brown’s foundational objection.
B. Brown also objected to the Facebook messages on the ground they
were more prejudicial than probative. The State argued the messages were not
unduly prejudicial because they showed a connection between Brown, T.G., and 11
a .380 pistol. The district court overruled the objection. Brown claims the court
abused its discretion because the prejudicial effect of the messages outweighed
any probative value.
Relevant evidence may be excluded if the danger of undue prejudice
substantially outweighs the probative value of the evidence. Iowa R. Evid. 5.403.
A two-part test is employed to determine whether evidence should be excluded
under rule 5.403. State v. Einfeldt, 914 N.W.2d 773, 784 (Iowa 2018). “First, we
consider the probative value of the evidence. Second, we balance the probative
value against the danger of its prejudicial or wrongful effect upon the triers of fact.”
Id. (citation omitted). We will reverse the court’s ruling only if there has been an
abuse of discretion. Zacarias, 958 N.W.2d at 580.
“Probative value ‘gauges the strength and force’ of relevant evidence.”
State v. Thompson, 954 N.W.2d 402, 408 (Iowa 2021) (citation omitted). The
Facebook messages were relevant to show the connection between Brown and
T.G. and their plans to commit a robbery on December 11, 2017. In the messages,
Brown stated he was carrying a .380 pistol, which was the type of weapon used to
kill Craft. The messages were highly probative on the issues of identity and
opportunity. See United States v. Covelli, 738 F.2d 847, 855 (7th Cir. 1984)
(“[E]vidence of prior possession of a weapon can be used to prove opportunity and
identification even where it cannot be directly identified as the weapon used in the
crime.”).
“[A]ll powerful evidence is prejudicial to one side.” State v. Neiderbach, 837
N.W.2d 180, 202 (Iowa 2013). “The relevant inquiry is not whether the evidence
is prejudicial or inherently prejudicial but whether the evidence is unfairly 12
prejudicial.” Thompson, 954 N.W.2d at 408. Unfair prejudice occurs when
evidence prompts a jury to make a decision on something other than the
established propositions of the case. See State v. Buman, 955 N.W.2d 215, 221
(Iowa 2021). The information in the Facebook messages that Brown was carrying
a gun and intended to commit a robbery was evidence relevant to this case; it was
not evidence that would cause the jury to decide the case on an improper basis.
Generally, we defer to the district court’s balancing of probative value
against the prejudicial effect of evidence under rule 5.403. Id. This balancing “is
not an exact science,” and “we give a great deal of leeway to the trial judge who
must make this judgment call.” Thompson, 954 N.W.2d at 408 (citation omitted).
We determine the court did not abuse its discretion by concluding the probative
value of the evidence was not substantially outweighed by the danger of undue
prejudice. See Iowa R. Evid. 5.403.
C. In an offer of proof, T.G. testified that on December 9, he sent Brown
a message asking to see the .380 pistol. Within a few minutes, Brown sent T.G. a
video that showed Brown holding a .380 pistol and pointing it at the camera.
Investigator Nicholas Sadd testified concerning a Facebook video sent from Brown
to T.G.’s cell phone. He stated the video file was on Brown’s phone on December
5 and then posted to Facebook. Investigator Sadd testified it was unknown when
the video was created. Lieutenant Aaron McClelland testified the gun in the video
was a .380 automatic. Brown objected to the admission of the video on the ground
it was too prejudicial. The court ruled the video was admissible because it was
transmitted around the time of the offense. 13
Brown contends the district court abused its discretion by ruling the video
was admissible. He claims the probative value of the video was outweighed by
the danger of undue prejudice. He notes that there was no evidence concerning
when the video was created. Brown argues the video is highly inflammatory
because it shows him pointing the gun at the camera while smiling.
As discussed above, under rule 5.403, if the probative value of evidence is
substantially outweighed by the danger of undue prejudice, the evidence should
be excluded. We first consider the probative value of the evidence. Einfeldt, 914
N.W.2d at 784. Then, “we balance the probative value against the danger of its
prejudicial or wrongful effect upon the triers of fact.” Id. (citation omitted). The
court’s ruling will be reversed only if there has been an abuse of discretion.
Zacarias, 958 N.W.2d at 580.
The video was relevant to show Brown had a .380 pistol on December 9,
shortly before Craft was shot with a .380 pistol on December 11. There was other
evidence in the record to show Brown had possession of a gun—including his own
statements and his girlfriend’s testimony that she saw Brown with a gun around
Thanksgiving 2017. We conclude the video showing Brown in possession of a
.380 pistol a few days before the shooting was not unduly prejudicial. Brown’s
concerns about the timing of when the video was created go to the weight of the
evidence, not its admissibility. See State v. Knox, 464 N.W.2d 445, 449 (Iowa
1990). We find the court did not abuse its discretion by ruling the video was
admissible. 14
IV. Motion for New Trial
Brown filed a motion for new trial, claiming the jury’s verdict was contrary to
the weight of the evidence. Specifically, Brown argued the evidence does not
show what actually occurred inside Craft’s residence that would lead to the
conclusion he was the person who shot Craft. The district court denied the motion
for a new trial. Brown claims the court abused its discretion by denying his motion.
A new trial may be granted “[w]hen the verdict is contrary to law or
evidence.” Iowa R. Crim. P. 2.24(2)(b)(6). In considering a motion for new trial,
the court looks at whether the jury’s verdict is contrary to the weight of the
evidence. State v. Ellis, 578 N.W.2d 655, 659 (Iowa 1998). The court “may weigh
the evidence and consider the credibility of witnesses.” State v. Serrato, 787
N.W.2d 462, 472 (Iowa 2010) (quoting Ellis, 578 N.W.2d at 658–59). “‘The district
court has broad discretion in ruling on a motion for new trial,’ and thus our review
in such cases is for abuse of discretion.” State v. Nitcher, 720 N.W.2d 547, 559
(Iowa 2006) (citation omitted). “[T]he power to grant a new trial on this ground
should be invoked only in exceptional cases in which the evidence preponderates
heavily against the verdict.” Ellis, 578 N.W.2d at 659 (citation omitted).
T.G.’s testimony showed Brown had a gun and planned to rob someone on
the day of the shooting. Brown was acquainted with Craft and knew he sold
marijuana. Brown and T.G. saw Craft go to the convenience store, and Brown
spoke briefly to Craft. T.G. testified he saw Brown enter Craft’s house, heard two
shots, and then saw Brown running from the house. There was evidence Brown
had a gun of the same caliber as the weapon used to shoot Craft. Furthermore,
Brown had marijuana he took from Craft’s residence. 15
Very shortly after the shooting, Brown told D.G. and D.G.’s girlfriend that he
“just smoked somebody,” and said he shot Skee, which was Craft’s nickname.
D.G.’s girlfriend, Brown, D.G., and T.G. drove past the crime scene and saw the
police cars. Also, Brown told T.G.’s girlfriend, “I killed him.” Brown stated that
Craft pulled a knife so he shot him. Officers found a knife sticking out of Craft’s
pocket and did not tell the public this information. Brown’s knowledge about the
knife shows his involvement in the shooting. Additionally, Brown told T.G. and
D.G. to delete their messages. Brown’s cell phone was missing data from
December 9 to 13, which was around the date of the shooting on December 11.
We conclude the jury’s verdict was not contrary to the weight of the
evidence. Brown’s statements and actions show he was the person who shot
Craft. This evidence was corroborated by the testimony of T.G., D.G., D.G.’s
girlfriend, and T.G.’s girlfriend. We find the district court did not abuse its discretion
by denying Brown’s motion for a new trial.
V. Sentencing
The court sentenced Brown to life in prison on the charge of first-degree
murder and a term of imprisonment not to exceed twenty-five years on the charge
of first-degree robbery, to be served consecutively. Brown claims the court abused
its discretion by imposing consecutive sentences.
“Appellate review of the district court’s sentencing decision is for an abuse
of discretion.” State v. Evans, 672 N.W.2d 328, 331 (Iowa 2003). A court’s
sentencing decisions “are cloaked with a strong presumption in their favor.” State
v. Thomas, 547 N.W.2d 223, 225 (Iowa 1996). “A defendant therefore has the 16
burden to provide a record showing that the court abused its discretion.” State v.
Crooks, 911 N.W.2d 153, 171 (Iowa 2018) (citation omitted).
Brown claims the court did not give adequate reasons for imposing
consecutive sentences. He asserts that the court only considered the nature of
the offense. Brown points out that the offenses arose out of the same sequence
of events and states the court should have imposed concurrent rather than
consecutive sentences.
“The sentencing judge must . . . give reasons for imposing consecutive
sentences.” Evans, 672 N.W.2d at 331–32. “Although the reasons do not need to
be detailed, they must be sufficient to allow appellate review of the discretionary
action.” Id. at 331. The sentencing court may not focus on the nature of the
offense alone in determining the appropriate punishment. State v. Hopkins, 860
N.W.2d 550, 555 (Iowa 2015).
At the sentencing hearing, the court stated:
I do find that consecutive sentences, as recommended by the State, are appropriate, because both crimes are serious and because of the nature and circumstances of the offense. I do not find it appropriate for there to be one sentence for a robbery and murder when you made the plans to commit the robbery in the first degree and then, during the course of the commission of that crime, there’s a murder that results. And at least from the evidence in the record, it wasn’t—as the victim said, he would have given you guys whatever you demanded. The murder was in addition to the robbery. It was gratuitous. And as more than one person has said, it was done for nothing. Consecutive sentences are appropriate because of the nature and circumstances of the offenses. That’s supported by the evidence and the particular facts of this case.
The sentencing order states:
The reasons for the sentences were stated on the record. Consecutive prison sentences are appropriate due to the severity of 17
the crimes. Defendant’s lack of remorse and lack of acceptance of responsibility, the commission of murder in addition to the commission of the planned robbery involving the use of a firearm, the impact of the crimes upon the victims and the community, and the threat posed by Defendant to the community.
The court did not rely on the nature of the offense alone. See id. In the
sentencing order, the court gave several reasons for imposing consecutive
sentences, including Brown’s lack of remorse, the impact on the community, and
the threat Brown poses to the community. At the sentencing hearing, the court
noted “the particular facts of this case.” We conclude the court gave adequate
reasons for sentencing Brown to consecutive sentences. We find the court did not
abuse its discretion in sentencing Brown.
We affirm Brown’s convictions and sentences.
AFFIRMED.