- Associated Press - Saturday, October 11, 2014

FORT DODGE, Iowa (AP) - A Webster County judge will decide next week whether to grant a new trial to a man convicted in August of first-degree murder.

A jury found 28-year-old Derrick McElroy guilty in the May 2011 shooting death of 19-year-old Brandyn Preston at a party. Preston, who was left paralyzed from the neck down, later died from his injuries.

The Fort Dodge Messenger reports (https://bit.ly/1D3d61S ) that on Friday, McElroy’s attorney asked the judge for a new trial, saying there was not enough direct evidence to prove McElroy shot Preston.

Judge Kurt Wilke said he expects to rule on the motion sometime next week.

McElroy’s sentencing is set for Oct. 31.


Information from: The Messenger, https://www.messengernews.net

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