Wildman 'victims' say he wasn't
trying to kill them
Tuesday, April 23, 2013 3:46 AM
Two of Daniel Wildman's alleged victims don't believe he was trying to kill them.
Cory Numedahl of Calmar and Andrew Massman of West Union made that statement during recent depositions. Wildman's attorney, Mark Anderson of Cresco, argued in court documents filed last week that should be a reason for lowering Wildman's bond.
Wildman, 23, of Cresco, has been incarcerated at the Winneshiek County Jail since last fall on three counts of attempted murder for discharging his 12-guage shotgun at Numedahl, Massman and David Cheney of Calmar, as they were exiting their vehicle in Calmar early Oct. 16.
Anderson, in his application to modify conditions of Wildman's release, said the remaining alleged intended victim (Cheney), was standing behind Numedahl and Massman and could not have been struck by any projectile fired from the weapon Wildman was alleged to have used without either or both Numedahl and Massman being struck.
In his deposition, Massman also stated Wildman is a "good shot and usually gets what he aims for. I've never seen him miss."
"Given the state of the record made in deposition, the defendant believes that at least two of the counts of attempted murder are going to be difficult for the state to prove and the third may also be problematic given the statements of (Numedahl and Massman), the defendant believes the bond set in this matter should be lowered to an amount reflective of the state of the evidence that is likely to be produced at trial," Anderson wrote in his application.
Wildman's bond is set at $225,000. He has requested it be modified to a maximum of $75,000, but said a $10,000 bond would be more appropriate.
Winneshiek County Attorney Andy Van Der Maaten said in a resistance motion that the defendant is both a flight risk and a danger to the public if released on a cash bond lower than what has already been set. He also said the victims' belief concerning the defendant's intent is "irrelevant."
A hearing on the application to modify conditions of Wildman's release has not been set.
A hearing on a defense motion to suppress evidence, including the defendant's confession, is set for May 10 at 1:30 p.m. in Winneshiek County District Court. The county attorney also is resisting the motion, which seeks to exclude evidence from consideration by the jury.
After Wildman was arrested Oct. 16, Iowa State troopers noted the defendant appeared to be under the influence of a substance, which by virtue of a breath test was determined not to be alcohol, according to Anderson. After various tests, it was determined the defendant was impaired.
A trooper trained to perform a drug influence assessment continued to evaluate Wildman, and troopers began questioning him about the shooting incident. Wildman asked to speak with an attorney, who was not available at the time. Anderson said the defendant later indicated he no longer needed an attorney and wanted to speak with troopers.
"The troopers interrogated the defendant knowing he was mentally and physically impaired with drugs, which would affect his ability to knowledgably and intelligently waive his constitutional rights to self-incrimination," Anderson said in his motion.
Wildman was under the influence of narcotic drugs. Anderson said the Iowa Division of Criminal Investigation laboratory confirmed the presence of marijuana, oxycodone and oxymorphone in Wildman's urine.
"The defendant respectfully requests the court suppress the confession and any self-incriminating statements made by the defendant to all law enforcement officers representing the plaintiff, state of Iowa," Anderson wrote in his motion.
Anderson has previously stated he will be relying on a "defense of intoxication by drugs" strategy.
Anderson also has filed requests to hire additional expert witnesses at state expense to help in his defense of Wildman.
A judge already has approved hiring a firearms consultant and crime reconstruction expert who will be paid up to $5,000.
Anderson has requested an expert testify regarding the effect of narcotics on his client, an expert to conduct forensic tests involving the firing of the weapon used in the case and an expert to prepare exhibits of the crime scene drawn to scale.
In addition to the three counts of attempted murder, Wildman has been charged with intimidation with a dangerous weapon and possession of a firearm by a felon in connection with the October shooting, which occurred a block away from the South Winneshiek High school.
Wildman's trial, which has been continued more than once, is now scheduled to begin Wednesday, May 22.