CARROLL - "You'll see me on the news."
Michael Swanson, 18, of St. Louis Park, Minn., allegedly said those words to his friends before leaving town the evening of Nov. 15, 2010, according to Humboldt County Attorney Jennifer Benson.
With those words, Benson began her opening statement for the panel of Carroll County jurors Monday afternoon after a relatively quick jury selection in the first-degree murder, first-degree robbery trial of Swanson.
The young man is accused of killing Kum & Go convenience store clerk Sheila Myers, 61, of Humboldt, the night of Nov. 15, 2010.
The trial was moved to Carroll County from Humboldt County due to pretrial publicity.
Benson told the jury that, prior to the alleged murder, Swanson stole his parents' Jeep and broke into his family's locked cabin in Big Fork, Minn., from which he took camouflage clothing, a black ski mask, a rifle, a pistol and ammunition.
"He stopped to hang out with friends and told them he planned to use the gun to rob some stores," Benson said.
Swanson then drove south on U.S. Highway 169, arriving in Humboldt around 10 p.m. on Nov. 15, 2010, Benson said. He allegedly bypassed the Ampride convenience store in town because a clerk was assisting a customer.
He stopped three blocks later and saw Myers alone in the Kum & Go.
Benson said Swanson loaded a gun, entered the store and demanded money from Myers. She complied, per company policy, giving him everything in the register, and he pulled the trigger.
"He left her lying on the floor in a pool of blood," Benson said.
A short time later Swanson was apprehended by law enforcement officials in Webster City after a citizen called in a complaint of a drunk driver. The vehicle description matched one described in a teletype report that was allegedly involved in a robbery and murder in Humboldt, according to Benson.
She said the state will present an interview between Swanson and an agent with the Iowa Division of Criminal Investigation.
"You'll see a remorseless Swanson describe in his own words how and why he planned everything he did," Benson said.
However, the question to be posed to the jury is: Did Swanson understand right from wrong when he allegedly committed the crimes?
One of Swanson's attorneys, Joseph McCarville, of Fort Dodge, told the jury Swanson during his opening remarkswas born with a condition that prevents him from understanding right from wrong.
"Clearly, this is a misidentification of Mr. Swanson," McCarville told the jury after Benson finished her statement. "This is a condition he was born with; it's just the way he is."
McCarville said Swanson has been on medication for behavioral issues since the age of 3. He added that Swanson has a lengthy history of being suspended from before-school and after-school events, and his parents worked tirelessly to correct his behavioral issues with the help of medical professionals.
"He didn't have the mental capacity to know right from wrong," McCarville said. "He hasn't since the age of 3."
McCarville said since it was an illness Swanson was born with - comparing it to diabetes - he argued that Swanson was legally insane and therefore not guilty by reason of insanity.
Opening arguments closed out a day that began with jury selection.
More than 100 people were called and 15 were dismissed after questioning.
By 2:50 p.m. Monday, a 12-person jury was seated.
Court recessed at 3:30 p.m.
The state will begin presenting evidence to the jury at 9 a.m. today.
The state is represented by Benson and Becky Goettsch, an attorney with the Iowa Attorney General's office. Swanson's defense team consists of attorneys Joseph McCarville and Charles Kenville, both of Fort Dodge.
Contact Lindsey Mutchler at (515) 573-2141 or lindsey@messengernews.net
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