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Judge Hears Arguments In Change Of Venue Motion For Man Accused In Milford Shooting

October 05, 2022 Steve Schwaller

(Spirit Lake)– A hearing was held this morning in Dickinson County District Court on a motion by defense attorneys seeking a change of venue in the trial of a man accused in the shooting earlier this year of Shelby Woizeschke in the parking lot at GrapeTree Medical Staffing in Milford. An upgraded charge of first degree murder was filed against Christian Goyn Yarnes after Woizeschke died days later. Defense attorney Brendan Kelly cited pre-trial publicity in his request to move the trial out of Dickinson county, claiming it will make it difficult to seat an unbiased jury…

“I think the problem has grown to a point where the jury panel of prospective members are actually tainted by the media and that’s what we believe is the problem in this case.”

Prosecuting attorney Susan Krisko with the Iowa Attorney General’s Office argued that in her view, the standard for a change of venue hasn’t been met…

“And certainly based on just showing that this has gotten news coverage isn’t enough. I can tell you that I have heard about it in Des Moines, so where are we going to move it to?”

Kelly also argued that the lockdowns and other things that happened in the community immediately following the February 3rd, 2022 incident could also make it difficult to seat an unbiased jury locally…

“The community came together. I mean it’s pretty clear. I think it’s a good thing for the community but I don’t think it’s a good thing for my client to have to then have his case decided by those same members who were fully aware of what occurred.”

Krisko argued that shouldn’t be used as a standard to move the trial…

“Every single time something happens in a community that is scary, are we going to move cases? I mean that’s kind of where we’re going.”

Judge Carl Petersen didn’t issue a ruling today (Wed.), saying he will give both sides seven days to submit more information, and that he would make a determination following that.

A firm trial date hasn’t been set yet.

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