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Witness Testifies Justin Ross Admits Shooting Andre Herron

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CEDAR RAPIDS, Iowa - Andrea King testified Tuesday that Justin Ross told her he "thought" he shot Andre Herron in the back Sept. 26, 2011.

King of Cedar Rapids, said Justin Ross told her in front of his cousin Donovan Ross and another woman. Donovan Ross also admitted to shooting Herron in the neck.

Justin Ross, 19, is on trial for first-degree murder. He is accused of shooting and killing Andre Herron, 30, of Cedar Rapids, who was found dead on 7th Street SW on Nov. 26, 2011. According to the criminal complaint, Justin Ross killed Herron with a .45 caliber revolver.

The prosecution just started its case Tuesday afternoon. The trial is expected to last more than a week in Linn County District Court.

Donovan Ross, 21, of Hiawatha, is also charged with first-degree murder for his part in the fatal shooting of Herron, 30, of Cedar Rapids. His trial is set Oct. 7.

King said that night she initially asked her friends, Justin and Donovan Ross, to help get some property from her ex-boyfriend that he had stolen from her but before she picked up the two cousins, Herron punched Donovan's former girlfriend who was in her car. Donovan Ross was angry, so King drove him and Justin to confront Herron.

Justin and Donovan Ross got out of the car and she saw Donovan and Herron arguing but when all three moved off the front porch area, she couldn't see them. She started to get out of the car but then, heard two gunshots and got back inside.

After the gunshots, Justin and Donovan Ross got back in the car, King said. She didn't see the shooting.

King said only Justin and Donovan Ross had guns that night. The next morning Donovan Ross told her the guns were left in a grill at her mother's house and they went to retrieve them. There was a large revolver with a brown handle and another smaller black one, like a "police gun." She said she had seen Justin Ross with the revolver before and the black one was Donovan's.

On cross examination, King admitted to not seeing the guns that night not until the next day. She also admitted that she hadn't always been honest with police and the defense in past interviews and depositions.