Lakendrick “Kenny” Mosley, 32, is charged with first-degree murder, a Class A felony, for Dungy’s death. The state alleges that Mosley shot and killed Dungy while the victim sat in his car around 3 a.m. on Dec. 25, 2022, in the 1000 block of 10th Avenue Southwest and that Mosley’s half-brother, Darwin Green, 26, drove the getaway car.

During his opening arguments on Tuesday, Assistant Attorney General Ryan Baldridge told the jury that they were going to hear testimony from witnesses of the shooting who will describe the shooter wearing clothes that match what security video from earlier that night at the Brass Monkey bar will show that Mosley was wearing. Baldridge also told the jury that they would be hearing a lot of “nitty gritty” about cell phone data, which the state believes will show that Mosley and Green were together in the area when Dungy was killed.

The defense elected to defer their opening arguments until after the state concludes its evidence.

Mia Mosley, who is Kenny Mosley’s cousin, testified about witnessing the shots fired at Dungy, who she said was also a cousin of theirs.

Lakendrick Mosley

Assistant Webster County Attorney Brad McIntyre asked Mia Mosley if she recalled what she was doing on Christmas Eve last year.

“Minding my business,” she answered.

Mia Mosley testified that she had gone to the Brass Monkey that night, where she saw Kenny Mosley and Dungy, as well as others.

“It was Christmas Eve — everybody in town was pretty much there,” she said.

She testified that when the bar closed, she left with a friend, Laketra Presswood, and drove around for a while before parking in Pleasant Valley, near where an after party was going on. Mia Mosley said they were parked in the driveway of a nearby residence when she heard multiple gunshots and saw an individual take off running.

Mia Mosley testified that she hadn’t initially noticed Dungy’s vehicle parked on the street nearby, but when she heard the gunshots, she was able to see the muzzle flash. In total, she said, there were between five and seven gunshots fired. After the gunshots, she saw a “tall and skinny” person wearing light colored jeans and a gray hoodie run away. She said she could not see a face because the person had a mask on.

Mia Mosley also testified that she didn’t recall seeing any vehicles drive out of the area immediately following the shots fired.

Shabreka Mosley-Smith is Kenny Mosley’s aunt and she testified that on Christmas at about 3:24 a.m., he called her phone several times and came over to visit. She said she had been in bed sleeping at the time, but it wasn’t unusual for him to call and come over for late night visits.

Mosley-Smith testified that he stayed for about 10 minutes before someone came and picked him up. She said she did not know who picked him up.

On cross-examination, Mosley-Smith told Assistant Public Defender Laury Kleinschmidt that she just thought the defendant had been out partying that night and she didn’t notice anything strange about him.

“He was just regular ol’ Kenny,” Mosley-Smith said.

Keyonna Preston, another cousin of the defendant, testified that she was with him when he learned that Dungy had been killed. She said he acted “remorseful,” but later clarified she meant he seemed sad to learn his cousin, Dungy, had died.

The defense asked several witnesses if they knew of any “out-of-towners” who were at the Brass Monkey that night. Emily Cooper, who was Kenny Mosley’s girlfriend at the time, testified she did see a group of three or four who she believed were from Waterloo.

The trial will continue this morning with testimony from Webster County Attorney’s Office Investigator Larry Hedlund.

Prior to the start of the trial on Tuesday, the parties made a record outside the presence of the jury about a plea offer that was presented to the defendant. The state extended an offer to Mosley to plead guilty to voluntary manslaughter, a Class C felony; possession of a firearm by a felon, a Class D felony; flight to avoid prosecution, a Class D felony; and possession with intent to deliver marijuana, a Class D felony. The Class D felonies would carry an indeterminate sentence up to five years each, and the Class C felony would carry an indeterminate sentence of up to 10 years. The Class C felony would also carry a mandatory minimum time served of five years because the defendant would be admitting he was in possession of a dangerous weapon at the time of the offense. Depending on whether sentences would be ordered to be served concurrently or consecutively, Mosley would face between 10 and 25 years in prison, with the mandatory minimum of five years.

Mosley rejected the plea offer and opted to commence trial on Tuesday.