E-FILED 2019 SEP 23 11.12 AM WAPELLO - CLERK OF DISTRICT COURT Reuben A. Neff 298 Cine abe K ue ‘nanan toa $25012518 Ga Stomatr pemareitts Stee Owe Pac nly ea ey eis weet Mak Bala ‘Wapello County Attorney September 23, 2019 Memorandum Regarding Tiftany McNeal Plea Agreement Elementary School and a Given intense community interest in the shooting near Liber ent will desire to minimize any disinformation, which appears to already be forminy fay out the McNeal agreement and the reasons for providing an agreement a Wapello County Attomey’s Office's stazement must be limited to comply with ethical requirements coneeming comments on pending cases, though, as recognized by the American Bay Association, prosecutors may make statements in the interests of justice and fair judicial process in canjunetioa with the correction of inaccuraeis i stories reported by the press. This memorandum aims to make a clear record as to the basis for this plea agreement “This agreement does not comment on any pending matters relating 19 events on Aut 3. 2018, nor is it meant to be used to make any inference relating to aay charged or uncharged participants, The intention of this statement is, a8 noted. to eliminate disinformation relating to this particular prosecution, provide transpareocy in this prosecution, and make clear ‘why ths ‘prosecution ended with an agreement. | The agres requires that Tiffany McNeal plead guilty to Willful Injury Causing jury Causing Bodily Injury, and Burglary in the Second Degree incase | eal will be adjudicated guilty for Conspiracy w Deliver GROLOSS4 and Possession ofa Controlled Substance = GIN' 4027821. The State will suspend thirty (30) years prison with the random urinalysis exams, substance abuse evsluation and adefendants, no contact with listed witnesses of ial | media ‘use, exclusion from all bar establishments, ne alcoho! cNeal hinges on the legal theory that she aided and abetted “This is how McNeal’s charges were filed by the prior abetting theory, the State must prove a defendant actively urages the commission of a crime prior to or at the time of its 4. $38 N.W.2d 867, 870 (lowa C1, App. 1995), the defendant the crime. Citing State v. Lott, 255 N.W.2d 108, 108 ‘the theory of aiding and abesting, ‘agreed to the criminal act and participated actively ot by ct. son, 867 N.W.2d 195 (lowa Ct. App. 2015). his a mdant attempted to not participate in the crime but was forcedE-rRED 2019 SEP 23.49.12 AM WAPELLO- CLERK OF DISTRICT COURT “The evidence in possession of the State that would be used at trial against Tiffany MeNea! iss follows: an eye witness, who isthe paramour of a separate defendant, asserts that Seiki Tiffany McNeal plan the alleged robbery; video footage from Walgreens and Casey's i Sation show Tiffany McNeal using the vehicle employed in sid alleged robbery: C'S ne “Flaged vitim wo was shot in this ese, recalls seeing Tiffany McNeal deving away from the secre cveral witnesses allegedly recall Tiffany MeNeal being very concemed, after he alleged shooting, that she would be prosecuted for being involved, Tine reason for making this agreement is a concern about the strength ofthe State's case if this matter were to proceed to trial. Though law enforcement gid much evidence against Tiflany McNeal as was possible, the Stat MeNeal could successfully assert to a jury that she was not a willing participant inthe alleged robbery and alleged shooting that took place on August 3, 2018, The eye witness claiming, ‘Tiffany MeNeal orchestrated the alleged robbery, when speaking to law enforcement, appears 10 have made the statements in the hope of lessening the criminal ability of ber paramour in their ‘criminal ease, This, combined with the witness being the paramour of one ofthe alleged participants, damages hee credibility in claiming Tiffany McNeal planoed the alleged robbety- showing Tiffany McNeal drove the alleged vehicle used to deliver athers to the site of the alleged robbery does establish McNeal drove the vehicle. Eye witness texmnony Ailoging Tiffany MeNeal drove away from the scene ofthe initial alleged robbery sso Establishes that she drove the vehicle used in the alleged robbery. The State's main concern is that McNeal may claim tha once inside the vehicle, she was forced to dive tothe site ofthe alleged robbery against her wil, The othe alleged occupants of the vehicle are alleged to have bean armed. There is no evidence that Tiffany MeNeal exited the alleged vehicle on Lilian ‘Steet or near the Liberty Elementary School. Itis 2 concern that a jury would discount the Sitements ofa gilfiend of a defendant with a pending criminal matter and agree that itis 5 ity that Tiffany McNeal was held at gunpoint while driving the vehicle, then from the scene once any alleged armed passengers were out of the Commit Murder counts, all alleged Adernpt to Commit Tiffany MeNeal was lewving or left the scene, To prove bat Tiffany McNeal intended to aid and abet attempts to fof one whose motives in regards to Tiffany McNeal pable, though possible, to the State. hat provides the community with particular ‘possessed and the need to meet & this agreement.