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An Eagle Grove man who was sentenced last month to up to 100 years in prison is appealing his double second-degree murder conviction and sentences.
Through his defense attorney, Michael J. Shivers, 57, filed his notice of appeal in Webster County District Court on Tuesday.
Shivers was convicted in October 2021 of two counts of second-degree murder for the June 2020 shooting deaths of 25-year-old Jamael Cox and 47-year-old Tyrone Cunningham.
On Feb. 14, District Court Judge Angela Doyle sentenced Shivers to up to 50 years incarceration with a mandatory minimum of 70% for each count. She also ordered the two sentences be served consecutively, giving Shivers a minimum sentence of 70 years in prison.
Cox and Cunningham, both of Fort Dodge, were killed when they were struck by gunshots during what was described as a "volley of bullets" in the 900 block of 10th Avenue Southwest around 4:45 a.m. on June 16, 2020.
During the trial, First Assistant Webster County Attorney Ryan Baldridge and Assistant State Attorney General Doug Hammerand presented a case to the jury that argued that Shivers fired a Bushmaster AR-15 rifle toward another man, triggering a domino effect of others pulling out firearms and shooting. Shivers, along with many friends and family, had been gathered at the residence of DarTonya Shivers to celebrate the life of a sister who recently passed.
Witnesses Cierra Shivers and Jeremiha Hatten testified that Isiah Mosley came by the party for a short time, after which the atmosphere became "tense" and "eerie."
The state argued that eventually, Michael Shivers became impatient waiting for something to happen and decided to act by shooting the Bushmaster rifle at Mosley, who by this time was across the street near the H.C. Meriwether Park, east of the residence.
Hatten and Michael Wells, a son of the defendant, both testified they saw Michael Shivers fire the first shot and that he was firing the Bushmaster. After the first shot, others in the group -- including Hatten and Wells -- began to shoot as well.
Shivers' appeal to the Iowa Supreme Court will first be heard by the Iowa Court of Appeals. If the appeals court does not rule in his favor, Shivers can apply for further review from the Iowa Supreme Court, though the state's highest court only accepts a fraction of the applications it receives each year.