Judge Severs Trials for Two Cousins Accused of Killing a Man Last Year

Justin Marshawn Ross appears by video in Linn County District Court Tuesday, Dec. 13, 2011 in Cedar Rapids. Ross is being held on $100,000 bond as a material witness in the homicide investigation involving the death of Andre Herron. (Brian Ray/ SourceMedia Group News)

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By By Trish Mehaffey, Reporter

Story Created: Jun 28, 2012 at 7:04 AM CDT

Story Updated: Jun 28, 2012 at 7:21 AM CDT

CEDAR RAPIDS, Iowa – Two cousins accused of killing a man in November will have separate trials, likely early next year, a judge ruled Wednesday.

Justin Ross, 18, of Cedar Rapids, filed a motion to sever his first-degree murder trial from Donovan Ross, 19, of Hiawatha, also charged with first-degree murder. They are accused of fatally shooting Andre Herron, 30, who was found dead on 7th Street SW, Nov. 26, 2011.

Todd Weimer, Donovan Ross’s public defender, and Assistant Linn County Attorney Jason Besler didn’t resist separating the trials.

During the hearing Wednesday, both defendants also waived their one year speedy trial right.

According to the criminal complaint, Justin Ross shot Herron with a .45 caliber revolver, causing his death, according to a criminal complaint.

Donovan Ross aided and abetted or caused the death of Herron, according to a separate criminal complaint. He shot a .22 caliber revolver at Herron with the intent to kill him, along with Justin Ross.

Multiple witnesses placed Donovan and Justin Ross at the scene when Herron was shot, according to a search warrant.