DES MOINES, Iowa — A man found guilty of murder has been granted a new trial just three months after his conviction.
Andrew Harris was convicted of first-degree murder on Nov. 17, 2023 for the shooting death of 39-year-old Tyrell Grimes.
However, shortly after Harris' conviction, his attorneys sought a new trial, arguing statements providing context to the incident that were rejected as hearsay in the first trial should have been permitted.
During his trial, Harris attempted to testify to two statements indicating Grimes threatened to kill him the night of the incident.
Harris claims Grimes told him the night of the murder, "The next time I see you, it's that". The state objected to the statement, calling it hearsay.
The second statement Harris attempted to testify to, "I thought I told you that the next time I see you, I was going to kill you", was not fully reflected on the record. In fact, Harris trailed off during his testimony, defense attorneys claim, saying only "'I thought I told you....'". The partial statement yielded no objections.
In requesting a new trial, Harris' lawyers claimed Harris felt like he couldn't share the full statement "due to the court's prior ruling excluding the previous statements".
The judge ultimately agreed with Harris' attorneys.
The order for a new trial from Judge Lawrence P. McLellan reads in part, "While there was testimony from the defendant regarding the defendant's perceived threat posed by Grimes the jury did not hear the statements that Grimes allegedly made to him. They did not know why the defendant felt Grimes was threatening or how he threatened him. Thus, the jury did not have this evidence to assist in their determination whether the defendant's actions were justified."
The new trial has been scheduled for April 22 in Polk County.