The Iowa Supreme Court has overturned the first-degree murder conviction of a Davenport man. Rasheem Bogan was found guilty in the drive-by shooting in Davenport of Vincelina Howard in August of 2006. Bogan, was 14 at the time and was in school at Rock Island when Davenport detectives visited the school to question him about the crime.
The Rock Island school police officer stayed with Bogan in the office of the school until Davenport detectives arrived. Davenport detectives questioned Bogan and say he told them information that conflicted with what witnesses said about his whereabout during the shooting.
Bogan was arrested and a jury found him guilty of first-degree murder. Bogan appealed saying the statements he made to Davenport police should be thrown out because he was not read his Miranda rights prior to questioning. Detectives said they did not have to explaining Bogan’s right to remain silent and to have an attorney present, because he was not yet in custody.
The Iowa Supreme Court ruled that although Bogan was allowed to roam freely in the office area armed police officers remained at the only exit of the office. The High Court said if Bogan had asked to leave, they doubt the officers would have let him as Davenport detectives had instructed the officers to hold Bogan.
The court says this supports the conclusion that Bogan was in custody and should have been read his rights before officers questioned him. The Supreme Court threw out the murder conviction and ordered that Bogen be given a new trial.