State of Iowa v. Joseph Edwin Long III
CourtCourt of Appeals of Iowa
Date FiledOctober 21, 2026
Docket25-0633
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 25-0633
Filed October 21, 2026
_______________
State of Iowa,
Plaintiff–Appellee,
v.
Joseph Edwin Long III,
Defendant–Appellant.
_______________
Appeal from the Iowa District Court for Linn County,
The Honorable Mark D. Fisher, Judge.
_______________
AFFIRMED
_______________
Webb L. Wassmer of Wassmer Law Office, PLC, Marion, attorney for
appellant.
Brenna Bird, Attorney General, and Benjamin Parrott, Assistant Attorney
General, attorneys for appellee.
_______________
Considered without oral argument
by Greer, P.J., and Buller and Langholz, JJ.
Opinion by Langholz, J.
1
LANGHOLZ, Judge.
A jury convicted Joseph Long III of willful injury causing bodily injury
and assault while using a dangerous weapon for intentionally driving his car
into a bicyclist.1 See Iowa Code §§ 708.4(2), 708.2(3) (2024). Long appeals
these convictions, arguing that the district court erred by instructing the jury
that “[a]n intent to kill may be inferred from the use of a deadly weapon in a
deadly manner” and that “[s]uch intent may be inferred even though the
wound inflicted does not prove fatal” as a part of the instruction defining a
dangerous weapon. But the jury instructions, as a whole, accurately stated
the law and were not misleading or confusing. And regardless, any error
would be harmless—meaning it could not have changed the outcome—
because of the strong evidence of Long’s guilt. We thus affirm Long’s
convictions.
We review challenges to jury instructions for correction of errors at
law. State v. Johnson, 7 N.W.3d 504, 510 (Iowa 2024). In reviewing jury
instructions, we consider them “as a whole rather than in isolation to
determine whether they correctly state the law.” State v. Benson, 919 N.W.2d
237, 242 (Iowa 2018). An error “does not warrant reversal unless it
prejudiced the complaining party.” Johnson, 7 N.W.3d at 508. “Prejudice
results when jury instructions mislead the jury or materially misstate the
law.” Benson, 919 N.W.2d at 241–42. “An instruction is misleading or
confusing if it is very possible the jury could reasonably have interpreted the
instruction incorrectly.” Johnson, 7 N.W.3d at 510 (cleaned up). But “if a
review of the instructions leads to the inevitable conclusion that the jury could
not have misapprehended the issue, then the challenge is without merit.” Id.
1
Long was also convicted of leaving the scene of an accident resulting in injury.
See Iowa Code § 321.261(2) (2024). But he does not appeal that conviction.
2
(cleaned up). And at bottom, the “instructions must convey the applicable
law in such a way that the jury has a clear understanding of the issues it must
decide.” Id. (cleaned up).
Long makes no challenge to the core marshaling instructions for either
of his appealed convictions. Those instructions said that to find Long guilty
of willful injury causing bodily injury—as the jury did—it had to find that
Long: (1) “hit [the victim] with a car”; (2) “specifically intended to cause a
serious injury to [the victim]”; and (3) “caused a bodily injury.” And to find
Long guilty of assault while using a dangerous weapon, it had to find that
Long (1) “committed an assault against [the victim]” and (2) “used a
dangerous weapon in connection with the assault.” Other instructions
defined “bodily injury,” “specific intent,” and “assault” as used in those
marshaling instructions. And the instruction that Long challenges in part on
appeal defined “dangerous weapon”:
A “dangerous weapon” is any device or instrument designed primarily for
use in inflicting death or injury, and when used in its designed manner, is
capable of inflicting death. It is also any sort of instrument or device which
is actually used in such a way as to indicate the user intended to inflict death
or serious injury, and when so used, is capable of inflicting death.
An intent to kill may be inferred from the use of a deadly weapon in a deadly
manner. Such intent may be inferred even though the wound inflicted does
not prove fatal.
Only the last two sentences are at issue. The district court included
those sentences at the request of the State—and over Long’s objection—
after concluding that they were “an accurate statement of the law.”
On appeal, Long argues that this instruction was erroneous because
State v. Mong, 988 N.W.2d 305 (Iowa 2023), which the State had cited to the
district court as the source of the instruction, involved a shooting and the
3
issue of transferred intent—unlike here—and because Long’s charged
offenses did not require an intent to kill. He thus contends that “the
additional language was not appropriate for the offenses that Mr. Long was
charged with” and “had a high probability of causing jury confusion as to
what exactly the State had to prove.”
While we question whether the challenged sentences added much to
the jury’s understanding of this case, they were an accurate statement of the
law and were not misleading or confusing to the jury. As the supreme court
highlighted in Mong, it has “held repeatedly that an intent to kill may be
inferred from the use of a deadly weapon in a deadly manner. Such intent may
be thus inferred though the wound inflicted does not prove fatal.” Mong,
988 N.W.2d at 315 (quoting State v. Mart, 20 N.W.2d 63, 66 (Iowa 1945)); see
also State v. Greene, 709 N.W.2d 535, 537 n.1 (Iowa 2006) (noting “that the
phrase ‘dangerous weapon’ . . . is substantially identical to the phrase ‘deadly
weapon’”); State v. Hunt, No. 24-1363, 2025 WL 3654135, at *1 (Iowa Ct.
App. Dec. 17, 2025) (affirming use of nearly identical instruction). True, the
facts and the legal issue were different in Mong. See Mong, 988 N.W.2d
at 314–15. But the legal principle in the instruction is not limited to guns or
other devices designed primarily for use in inflicting death or injury, as Long
contends. See Mart, 20 N.W.2d at 64–66 (applying the inference where the
defendant stabbed a man with a pocket knife and quoting even older
precedent approving of its use for a “penknife” while reasoning that “[a]
penknife may or may not be a deadly weapon” depending on “the manner of
its use”); State v. Duff, No. 13-0145, 2014 WL 667637, at *2 (Iowa Ct. App.
Feb. 19, 2014) (inferring specific intent to injure from the manner in which
the car was driven and noting that “[a] motor vehicle, when driven in a way
that indicates intent to cause serious injury or death, may be a dangerous
weapon”).
4
So we disagree with Long’s argument that including the instruction
“confuses these two alternatives for a dangerous weapon”—especially when
the State was clear throughout trial that it did not claim a car was designed to
inflict death or injury. Long is correct that these added sentences focused
only on an inference of intent to kill rather than the lesser intent to cause
serious injury that was an element of the dangerous-weapon definition and
his willful-injury offense. But we fail to see how this emphasis would have
misled or confused the jury given the rest of the instructions. If the jury
applied the challenged part of the instruction and found that the State had
proved an intent to kill based on the manner in which Long drove—
repeatedly swerving toward the victim and then speeding up and hitting
him—meeting that higher threshold would have easily satisfied the intent to
cause serious injury needed for the willful-injury offense and for a finding that
the car was a dangerous weapon. And so, even if we were to assume that the
added emphasis on an intent to kill in these sentences would confuse the jury
into believing the State needed to prove that intent and not merely an intent
to cause injury, Long suffered no prejudice by holding the State to that higher
burden. The instruction was not improper.
What’s more, even assuming that the district court erred in instructing
the jury with the added sentences, any error was harmless because the State
presented overwhelming evidence that Long intentionally drove his car into
a bicyclist and was thus guilty of willful injury causing bodily injury and
assault while using a dangerous weapon. See State v. Kraai, 969 N.W.2d 487,
496–97 (Iowa 2022) (holding that the presumption of prejudice for an
instructional error was “overcome when the jury received strong evidence of
a defendant’s guilt” (cleaned up)); State v. Thompson, 35 N.W.3d 569, 574–82
(Iowa 2026) (reaffirming that jury instruction errors—even of a
constitutional dimension—are subject to harmless-error review and holding
5
that district court’s error in giving a marshaling instruction that “was
technically defective on a point that was not contested at trial” was harmless).
The bicyclist-victim testified that he first met Long a month or two
before Long drove his car into him. The victim had gotten a text from a female
friend saying “she was stuck inside this room” and “wanted to leave, but she
was afraid to say something, so she wanted [him] to come up and help her get
out of there.” The victim agreed, pounded on the door, “exchanged words”
with Long for less than a minute, and then left with his friend.
The victim testified that he next encountered Long while running
errands on his electric bike one afternoon. While in a store’s parking lot, the
victim saw Long drive by and “smile[] all weird at [him].” At first the victim
did not recognize him. But then as the victim rode his bike down the street,
Long “drove up right next to” the victim, “went the same speed as” him,
and then asked him “Hey, are you [victim’s last name]?” The victim
responded “[y]eah”—still not recognizing Long because “[i]t happened too
fast.” But as the victim responded, “it clicked” who Long was. And then
Long “smiled real big, flipped [the victim] off, and then he—he jerked the
steering wheel to try and hit [the victim].” But the victim braked, “so
[Long’s] car went right in front of [him].”
The victim then rode his bike past Long and as he did so, he “flipped
[Long] off because [the victim] didn’t think” Long was “trying to actually hit
[him].” But the victim described that after “I flipped him off, and then the
next thing you know, I was up in the air and I was hitting the ground.” The
victim said, “I got hit and I was flying up in the air and I was landing on my
face on the ground. . . . I was in the street originally, and then I was, like, five
feet . . . onto the grass.” The victim also testified to his many injuries from
being hit by Long:
6
I—I had road rash all over my face. The ground was—the ground was
really, really dry at the time, so the ground felt like it was cement. There
was hardly any grass. It was mainly the dirt and whatever. But, yeah. It tore
my face up pretty good. I had scabs and cuts and all over my face because I
mainly landed on my face. I think I had some on my arms, but just a little
bit, and then I had a good size scab and cuts on my hip from when I landed
on my hip too . . .
My hands were tore up, but it was mainly my face that was hurting and my
head.
According to the victim, Long then “sped off” without offering any help.
Eventually, “a lot of people came to help [the victim].” According to
the victim, one woman gave him her information, saying “Oh my gosh. I saw
everything. That guy just hit you on purpose.” That eyewitness also testified
at trial. She did not see the driver. But she explained:
I saw a silver car coming down the hill of 18th Street, and I noticed that he
kept swerving over to where a bicyclist was, and then once he got to the
bottom of the hill, he sped up a little bit and hit a bicyclist, and [the
bicyclist] went up on the grass and was laying on the ground.
....
I noticed the car—the every time the bicyclist was trying to get over, the
car would move over the—and the bicyclist would get over and—and the
car would move over. So it caught my attention because it was just strange
that a car kept trying to go right directly behind the bicyclist.
An investigating law enforcement officer also testified. He went to the
victim’s house after the incident and saw the many “fresh” injuries on the
victim—calling them “road rash” on the victim’s face and arms. He also took
photographs at that time which were submitted to the jury. The victim also
gave a description of Long’s car and what Long was wearing.
7
The officer, along with other officers, also met with Long later that day.
He was wearing clothes consistent with the victim’s description. Long denied
striking the victim with his car but admitted that he had the earlier verbal
altercation with the victim. The officer observed Long’s car—also consistent
with the victim’s and the eyewitness’s description. And he saw damage to the
passenger side of the vehicle that appeared fresh because “the plastic was still
sharp” and there were remnants of frayed paint. The damage included scrape
marks that the officer said were consistent with the height and width of a bike
pedal, and the passenger-side mirror was missing. Long told the officer the
scratches had been there “for weeks.” Photos of the car’s damage and one of
Long standing near the back of his car during the officers’ encounter were
also submitted to the jury.
A second officer who was present for the encounter with Long also
testified. He agreed that the damage on the bumper looked fresh and that the
mirror was gone. That officer had also stopped Long the night before the
incident. And during that traffic stop, the officer observed that the mirror was
still attached. A still photo from another officer’s bodycam of that evening
stop—showing the mirror attached—was submitted to the jury too. That
photo also showed no signs of damage to the bumper area where the scratches
were present the next day, but it was not clear or close enough to definitively
say no scratches were present.
From all this, there was overwhelming evidence for the jury to find that
Long hit the victim with his car, specifically intending to cause serious injury
and causing a bodily injury. And there was similarly strong evidence for it to
find that those actions were also an assault and that Long used his car as a
dangerous weapon in committing that assault.
8
Plus, contrary to Long’s argument on appeal that intent was “a central
issue” to the case and thus the jury would need to decide “Did Mr. Long
intend to hit [the victim] with his vehicle and cause injury or did Mr. Long
intend to scare [the victim] and accidentally hit [the victim],” that was not
how he argued the case to the jury. He never argued that he accidentally hit
the victim or even conceded that the victim had been hit by a car at all. Rather,
at closing, he argued that the State failed to prove that anything had happened
beyond a reasonable doubt. He contended that the jury could not trust the
victim’s or the eyewitness’s testimony—raising questions about their
credibility, highlighting minor inconsistencies in the evidence, and pointing
to the lack of damage to the victim’s bicycle. Neither the State nor Long ever
even mentioned the challenged sentences of the instruction. And by
convicting Long, the jury necessarily rejected this defense and believed the
victim and eyewitness about what happened. Nothing in the two challenged
sentences of the instruction would have changed that.
And so, if there was an error in the jury instruction, it was harmless.
We thus affirm Long’s convictions.
AFFIRMED.
9