Michael J. Shivers told Webster County District Court Judge James McGlynn during a hearing that he did not want the plea deal and wanted to go to trial.

He is charged with two counts of second degree murder and one count of possession of a firearm by prohibited person.

Shivers was charged with those offenses in connection with a June 16, 2020, shooting incident in the 900 block of 10th Avenue Southwest that claimed the lives of Jamael Cox, 25, and Tyrone Cunningham, 47, both of Fort Dodge. Marissa Andrews, of Fort Dodge, and Jayne Barton, of Wesley, were wounded.

Recently, prosecutors offered Shivers an agreement in which he could plead guilty to two counts of voluntary manslaughter, one count of intimidation with a dangerous weapon and one count of possession of a firearm by a prohibited person.

Under the plea agreement, Shivers would face a 35-year prison sentence and would have to serve a minimum of 10 years. His defense attorney, Christopher Kragness, said that the 10 year mandatory minimum sentence could be reduced if he earned time off his sentence for good behavior in prison.

According to Kragness, under the plea agreement, with good behavior in prison Shivers could serve four years and 199 days behind bars.

In contrast, if he is convicted of all charges at trial, Shivers will face a 50 year prison sentence, and will have to serve at least 35 percent of it, which is about 17 and a half years.

McGlynn questioned Shivers repeatedly about his decision.

When the judge asked him if he wanted to proceed to trial, Shivers replied ”Correct.”

McGlynn asked Shivers if he understood that a conviction as a result of the trial ”could put you in prison for the rest of your life.”

”Yes, your honor,” he replied.

Finally, McGlynn asked Shivers if he was ready to face the consequences of a trial.

”Yes, I am your honor,” he replied.

With the plea agreement disposed, of, McGlynn instructed the attorneys to be ready for trial Tuesday.

Four other people were charged in connection with the incident.

James C. Davis Jr., Darrell L. Jones, and Michael J. Wells, all of Fort Dodge, were charged with intimidation with a dangerous weapon and possession of a firearm by a prohibited person. Jeremiha R. Hatten, of Fort Dodge, was charged with intimidation with a dangerous weapon.

Jones and Wells have pleaded guilty and await sentencing.

Davis, Jones, Wells and Hatten were all originally charged with two counts of second degree murder and one count of possession of a firearm by a prohibited person.