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Mosley’s case goes to jury

Deliberations continue today in Mason City

-Messenger photo by Kelby Wingert
Defendant Lakendrick Mosley listens to the closing arguments in his first-degree murder trial Monday afternoon at the Cerro Gordo County Courthouse. Mosley is accused of killing 46-year-old Montreail Dungy early Christmas morning 2022.

MASON CITY — A jury in Mason City is now mulling over whether Lakendrick “Kenny” Mosley is guilty of the Dec. 25, 2022, murder of Montreail Dungy in Fort Dodge.

The prosecution and defense gave their closing arguments in Mosley’s trial on Monday afternoon. Mosley, 32, of Fort Dodge, is charged with first-degree murder.

The state, represented by Assistant Attorney General Ryan Baldridge and Assistant Webster County Attorney Brad McIntyre, allege that at about 3 a.m. on Dec. 25, Mosley shot Dungy at point-blank range while the victim sat in his own car in the 1000 block of 10th Avenue Southwest. Mosley’s brother, 27-year-old Darwin Green, is alleged to have been the driver of the getaway car.

During trial, Baldridge also implied that Shakiya Clayton, Green’s girlfriend and the mother of Dungy’s child, acted as a lookout while posted at the dead end of South 12th Street overlooking Pleasant Valley.

Mosley, represented by Assistant Public Defenders Laury Kleinschmidt and Jennifer Van Kekerix, argues that the authorities got the wrong guy.

-Messenger photo by Kelby Wingert
In his rebuttal closing, Assistant Attorney General Ryan Baldridge shows the jury how Lakendrick Mosley's cell phone location data was able to accurately track his travel from Fort Dodge to Des Moines on Christmas Day 2022. Mosley is on trial for first-degree murder for allegedly shooting 46-year-old Montreail Dungy to death early Christmas morning.

Prior to trial, the defense asked for and was granted a change of venue, and the trial began in Cerro Gordo County on Aug. 21.

Baldridge reminded the jury of testimony they heard last week that just minutes before Dungy was shot, Jermiah Preston provided a gun to Mosley. Video footage from Iowa Central Community College’s Crimmins Building showed — although dark and grainy — the moment Mosley and Green met with Preston just blocks away from where the shooting would occur minutes later.

Baldridge highlighted that Dungy’s car window was rolled down, despite the late-December temperatures, and that he had four gunshot wounds to the upper body — two in the head and two in the chest.

“He wasn’t just shot,” Baldridge said. “He was executed point blank.”

No gun was ever recovered, he said, but from the bullets and casings, firearms experts at the Iowa Division of Criminal Investigation were able to determine it was a 9mm handgun and created a list of possible models of guns they could have been fired from. On that list, Baldridge said, was the model Preston testified he had given to Mosley.

-Messenger photo by Kelby Wingert
Assistant Public Defender Laury Kleinschmidt gives her closing arguments to the jury at Lakendrick Mosley's first-degree murder trial on Monday afternoon at the Cerro Gordo County Courthouse.

In the defense’s closing arguments, Kleinschmidt acknowledged that the community wants someone to be held accountable for Dungy’s murder.

“What happened to Mr. Dungy was a horrible, awful thing, and everybody wants somebody to pay for that,” she said. “It should have never happened.”

However, she said, Mosley is not the shooter.

In footage from a home security camera shown during earlier testimony, a figure is seen running away from the area where the shooting had just occurred. The figure is shown running past a garage and sort of hesitating before going around a fence toward the sidewalk and continuing to run.

“It shows the figure, as it comes around the corner, being surprised or tripping or falling near a fence,” Kleinschmidt said. “Whoever’s on the video didn’t know that there was a fence.”

The home was identified as that of Nashonda Altman, who shares a child with Mosley, so it’s unlikely that he wouldn’t have known about the fence, she said.

The physical description of the shooter given by two witnesses doesn’t line up with one another, Kleinschmidt said.

Mia Mosley, who is Kenny Mosley’s cousin, testified that she saw someone very tall and wearing a mask, a light gray hoodie and “not slim-fit” pants. She said she could only see the shooter’s eyes, but she didn’t know who it was. This is improbable, Kleinschmidt said, because she knows Kenny Mosley very well and would have recognized him if he was the shooter.

Calvina Naylor, another witness, testified that the shooter was wearing dark blue jeans, a black letter jacket with an A outlined in white and Nike Air Force Ones. She also testified that the shooter ran toward a black BMW that was parked at the corner.

Kleinschmidt also pointed out flaws in the state’s assertion that security camera footage captured from city of Fort Dodge cameras and cameras from private residences and businesses allowed investigators to track the movements of the parties the night of the shooting. There are too many gaps between cameras and places that are obscured from the cameras, she said, and there’s no way to know what happened during periods of time where the cars were not on camera.

The state is also relying on the use of cell phone location data to place the defendant and other parties at certain places before, during and after the shooting. Kleinschmidt told the jury that that data is not designed to track peoples’ movements and can have signal interference.

In his rebuttal closing, Baldridge told the jury that the cell phone data is used to establish estimated device locations that were then corroborated with the video evidence.

Paired with the video evidence, Baldridge said, the location data shows that Mosley and Green were together until just prior to the shooting, they separated for a few minutes and then got back together minutes after the shooting and left the Pleasant Valley area.

Location data also put Clayton at the dead end on South 12th Street overlooking Pleasant Valley at that time. She was also on a phone call with Green from 2:55 a.m. to 3:05 a.m.

“With no foliage on the trees, it’s a good lookout spot,” Baldridge said.

The jury will return to the Cerro Gordo County Courthouse to continue deliberations this morning.

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