P.O. Box 11755
Cedar Rapids, Iowa 52410
Sixth Judicial Associate District Judge Jane Spande also denied the prosecutor’s request to increase the bond for Joseph Pham, 42, of Cedar Rapids, but did agree to impose conditions if he does make bond.
Pham, who cried off and on during the hearing, was brought into the courtroom in a wheelchair and had to be helped by a deputy to the defendant’s table.
Pham was charged Sunday with three counts of attempted murder and one count of intimidation with a dangerous weapon. He is accused of shooting a handgun multiple times with the intent to kill Brian Wilson, 39, and his daughter Jayde Wilson, and Tracy Moses, who were at Moses’ home, 2928 29th Ave. SW, Saturday, according to a criminal complaint.
According to the complaint, Brian Wilson was the only one injured during the shooting. He was shot three times and seriously wounded in the torso.
Spande agreed to add conditions to the current bond including not allowing Pham to return to his home, since the incident involved his next door neighbors, and he must report to community corrections, have no contact with the three alleged victims and a psychiatric evaluation would be required.
Sara Smith, Linn County public defender, said Pham was frail and had ongoing medical issues, possibly a condition regarding his immune system. There have also been questions raised about his mental condition since he’s been in jail, she said.
Smith asked the court not to raise the bond because it was already “unattainable” for the family and if the cash only restriction was lifted, she didn’t even know if the family could make bond.
First Assistant Linn County Attorney Nick Maybanks asked the court to add the extra conditions for public safety. He said some of the neighbors are fearful of retaliation by Pham if he’s released. Pham shouldn’t be allowed to return to his home if he is able to pay the bond, he said.
Maybanks told the judge Pham had a history of “erratic” and “paranoid” behavior towards neighbors.
Maybanks also said Wilson remained in critical condition, according to the family, and was in a medically-induced coma.
Pham’s family members said Monday their family had been harassed for years by the next door neighbors. They said the harassment is racially motivated because they are Vietnamese.
The families of Wilson and Tracy Moses declined to comment after the hearing Wednesday.
Pham and his wife filed a lawsuit in 2010 against Jamie Moses, Tracy Moses’ ex-husband, claiming Jamie Moses harassed his family starting in 2005. The suit claims Jamie Moses, from November 2005 through October 2010, broke out two windows of the Pham’s home, drove his vehicle in their yard and tore up the grass, destroyed their mail, fired a shotgun over their property, contacted Direct TV to cancel their service and threw feces at Pham’s daughter Kathie T. Pham.
One of the broken windows was in Kathie’s bedroom and the broken glass landed in her bed, causing injury, while she was sleeping, according to the suit.
Jamie Moses pleaded guilty to fifth-degree theft in Oct. 2010 for breaking Kathie Pham’s window, according to court records. He was ordered to pay a $100 fine for the serious misdemeanor.
The judge also entered a no contact order for Jamie Moses in 2010, according to court records.
Erika Springer, 18, of Urbana, Pham’s niece, told The Gazette that Brian Wilson and Tracy Moses continued the harassment after Jamie Moses was gone from the residence.
There seems to be on ongoing dispute between the Phams and Jamie and Tracy Moses from 2005 through 2010 and then between Pham and Brian Wilson from 2010 through this month leading up to the shooting, according to Cedar Rapids Police service calls.
There are calls by Jamie Moses complaining about noise or loud music, neighbor running lawnmower next to his windows and making rude gestures and general harassment, according to calls.
There also are several calls by Pham complaining about noise, neighbor driving truck onto his property, dog feces or human feces thrown in the yard, criminal mischief, criminal mischief with his mailbox, barking dog and general harassment, according to records.