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topicnews · August 28, 2024

Des Moines man re-sentenced for shooting after court approves retrial

Des Moines man re-sentenced for shooting after court approves retrial

A Des Moines man was convicted of murder for the second time in 2022 for a shooting outside a University Avenue bar.

Andrew Harris, 44, was charged in the death of 38-year-old Tyrell Grimes on August 19, 2022. He was convicted of first-degree murder at his first trial in November 2023, but the trial judge later ruled that he had wrongfully prevented Harris from testifying about Grimes’ alleged threats and ordered a retrial.

The second trial began last week, and on Wednesday Harris was again found guilty, this time of the less serious offenses of premeditated murder and willful illegal possession and carrying of a firearm.

The verdict is scheduled for October 15. He faces up to 50 years in prison for murder. If his conviction for premeditated murder had not been overturned, he would have faced a life sentence.

The Polk County District Attorney’s Office announced the verdict Wednesday afternoon after about four hours of jury deliberations. Defense attorney Andrea Flanagan, asked for comment, said by email, “We are grateful to the jury for carefully reviewing the evidence and taking their obligation seriously.”

What happened to Tyrell Grimes?

According to evidence from the two trials, Harris was a regular at the now-closed Rico’s Bar near Drake University. On the night of the shooting, he had an altercation with Grimes in the bar and eventually left, only to return eight minutes later and encounter Grimes on the sidewalk. Although there is no video of the shooting, an accomplice of Grimes claimed Harris walked up and cursed at her before opening fire, while Harris testified Grimes approached him and he fired in self-defense.

Harris, who was barred from owning firearms due to a previous conviction, drove to Saylorville Lake to get rid of the gun. He then spent the night with friends and told them he felt “disrespected” by Grimes. At both trials, prosecutors argued that Harris was motivated by this disrespect to go home, get his gun and return to kill Grimes.

On the stand, Harris testified he went back because he thought Grimes had confused him with someone else and “I felt like I needed to talk to him.” But he testified that when he saw Grimes again, the other man told him, “I thought I told you I was going to kill you the next time I see you,” and reached into his pocket. Harris said he believed Grimes was about to pull a gun, pulled out his own gun and fired two shots, fatally wounding Grimes.

Closing argument focuses on the question of self-defense

During his closing argument on Tuesday, prosecutor Olu Salami told jurors that if Harris had felt threatened by Grimes, the easiest solution would have been to leave the bar and not return.

“He left successfully,” Salami said. “Why would he come back unless he still felt disrespected and no one is going to disrespect him in his own bar?”

Salami pointed out that under Iowa law, a person who has committed a crime such as illegally possessing a firearm does not have the right to “stand their ground” but has a duty to back down. The law also requires that someone who uses deadly force cannot destroy or conceal evidence. According to Salami, Harris had done this by throwing away the gun and later lying about the shooting during interviews with police.

More: Defendant who shot Des Moines man pleads to attempted murder and receives 25 years

In her closing argument, Flanagan criticized investigators for having “tunnel vision” and attacked the credibility of Grimes’ friend Allen Matthews, who was standing next to him when he was shot. Matthews was not present at the second trial, so jurors heard a reading of his testimony from the earlier trial. Flanagan argued that both Matthews and Grimes were armed and that Matthews may also have hidden evidence, including a gun that Grimes allegedly had after his friend was shot.

She urged the jury to acquit Harris, saying it was “probably stupid” of him to come back and talk to Grimes again, but he had no choice but to protect himself during the sidewalk confrontation.

“At that moment, Andrew reacted and reached for the gun he was carrying. He knew it was him or me, and he fired,” she said, adding: “If he had turned around when Tyrell Grimes reached for his bag, he wouldn’t be sitting here now.”

William Morris covers courts for the Des Moines Register. He can be reached at [email protected] or 715-573-8166.

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