State of Iowa v. Nathaniel Kyren Bevers-Mcgivney
CourtCourt of Appeals of Iowa
Date FiledJuly 22, 2026
Docket25-1402
StatusPublished
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Full Opinion
.IN THE COURT OF APPEALS OF IOWA
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No. 25-1402
Filed July 22, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Nathaniel Kyren Bevers-McGivney,
Defendant–Appellant.
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Appeal from the Iowa District Court for Calhoun County,
The Honorable Derek Johnson, Judge.
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AFFIRMED
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Matthew B. De Jong of De Jong Law Firm P.C., Rochester, Minnesota,
attorney for appellant.
Brenna Bird, Attorney General, and Tessa Register and Andrew B. Prosser,
Assistant Attorneys General, attorneys for appellee.
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Considered without oral argument
by Schumacher, P.J., and Badding and Sandy, JJ.
Opinion by Schumacher, P.J.
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SCHUMACHER, Presiding Judge.
Nathaniel Bevers-McGivney appeals his conviction for murder in the
first degree, a class “A” felony, in violation of Iowa Code sections 707.1 and
707.2(1)(a) (2024), asserting there is insufficient evidence to support the
conviction. Upon our review, we affirm.
I. Background Facts & Proceedings
On the evening of September 22, 2024, seventeen-year-old M.J.
borrowed her mother Annette’s green electric scooter to travel to a local park
in Farnhamville. This was a regular practice for M.J. On most days she would
drive the scooter to the park to swing and listen to music. M.J. would return
home from the park by 10 p.m., which was her curfew on school nights. But
on this September night, 10 p.m. came and went; M.J. did not return home.
Annette became worried and checked outside hoping to see the
scooter approaching. When there was no sign of M.J., she called M.J.’s cell
phone, which rang continuously with no answer. Annette then contacted
another daughter, Shawna, to request assistance with the search. Shawna got
in her car and drove around the park and adjacent streets but did not see her
sister. Shawna then picked up Annette, and they drove around town
searching for M.J.
Eventually, they saw the green scooter being pushed down the street.
They initially thought it was M.J. pushing the scooter until they drove closer.
They discovered it was a male pushing the scooter, later identified as Bevers-
McGivney. After Bevers-McGivney claimed the scooter was his, Annette
confirmed it was her scooter, then called 911. Bevers-McGivney walked away
from the scooter, but Shawna followed him in her car. Annette also followed
him on the recovered scooter. Shawna called her boyfriend, Jordan, for
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assistance. When Bevers-McGivney stopped walking away from them,
Shawna exited her car, and Jordan arrived with his handgun.
Annette caught up to the group on her scooter. Shawna then looked in
the basket attached to the scooter and found M.J.’s shoe, partially covered in
blood. Jordan then pulled out his handgun and told Bevers-McGivney to lay
on the ground. When law enforcement arrived, the patrol lights revealed that
Bevers-McGivney’s clothes were covered in blood. He was detained and
patted down. Law enforcement located a hooked blade on Bevers-McGivney,
part of a Mossy Oak knife set that comes with three detachable blades.
Law enforcement obtained a search warrant for Bevers-McGivney’s
apartment. They discovered blood around the apartment, another of the
blades from the Mossy Oak set, and the knife handle in a trash can. The knife
handle was caked with blood and hair.
At the park, officers found a pool of blood leading to a trail of blood,
which indicated dragging. There was still no sign of M.J.
The next morning, an employee at a local business noticed a rolling
trash bin next to a cornfield. The employee found M.J.’s body in the bin. Her
body was transported for an autopsy.
The autopsy revealed M.J. had been stabbed twenty-six times and her
throat had been cut. She had several incised wounds. The last remaining
Mossy Oak knife blade was found imbedded deep in her back. Forensic
analysis determined the blood on Bevers-McGivney’s shirt, the blood on the
knife handle, the blood from the park, and the blood in Bevers-McGivney’s
apartment all belonged to M.J.
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Bevers-McGivney was charged with first-degree murder and abuse of
a corpse. After a bench trial, the district court convicted him on both charges.
Bevers-McGivney was sentenced to life without the possibility of parole. He
appeals, challenging only the murder conviction.
II. Analysis
Bevers-McGivney asserts that the evidence is insufficient to support
his conviction of first-degree murder because the State did not prove he acted
with malice aforethought. We reject that argument.
Challenges to a criminal verdict are reviewed for correction of errors
at law. State v. Hawkins, 27 N.W.3d 562, 567 (Iowa 2025). We are bound by
the district court’s findings of fact “if supported by substantial evidence.” Id.
at 567–68. Evidence is substantial if it “would convince a rational factfinder
the defendant is guilty beyond a reasonable doubt.” Id. at 568. “[W]e view
the evidence in the light most favorable to the verdict,” including “all
inferences and presumptions fairly drawn from and supported by the
evidence.” Id. We are highly deferential to the district court’s verdict. Id.
In convicting Bevers-McGivney of murder in the first degree, the
district court found: (1) he stabbed M.J. and cut her throat; (2) M.J. died as
a result; (3) he acted with malice aforethought; and (4) Bevers-McGivney
“acted willfully, deliberately, premeditatedly and with specific intent to kill
[M.J.].” Bevers-McGivney challenges the third and fourth elements,
asserting the method of his actions and lack of eyewitnesses indicates he
acted without malice or premeditation.
Malice aforethought, an “essential element of first-degree murder,” is
defined as “a fixed purpose or design to do some physical harm to another
that exists before the act is committed.” State v. Newell, 710 N.W.2d 6, 21
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(Iowa 2006) (cleaned up). Circumstantial evidence is usually required to
prove malice, as it “is a state of mind.” Id. Importantly, “[t]here is a
permissive presumption of malice aforethought when the defendant uses a
dangerous weapon.” State v. Serrano, No. 21-1624, 2022 WL 10802513, at *3
(Iowa Ct. App. Oct. 19, 2022).
Here, the evidence showed that Bevers-McGivney utilized a knife
when killing M.J., an “indisputably . . . deadly weapon.” See State v. O’Shea,
634 N.W.2d 150, 157 (Iowa Ct. App. 2001). M.J.’s autopsy showed that she
was stabbed multiple times, and a blade was found buried in her back. See
State v. Poyner, 306 N.W.2d 716, 718 (Iowa 1981) (determining that several
stab wounds “supply strong evidence of malice and intent to kill”); State v.
Halladey, No. 24-0531, 2025 WL 2538383, at *4 (Iowa Ct. App. Sep. 4, 2025)
(finding substantial evidence to support a conviction when “the medical
examiner . . . confirm[ed] the victim died as a result of multiple blows to the
head”). We find the district court did not err in finding Bevers-McGivney
acted with malice aforethought.
Next, Bevers-McGivney contends there was insufficient evidence that
he acted with premeditation, deliberation, or specific intent to kill. Our courts
have defined these terms as follows:
To deliberate is to weigh in one’s mind or to consider. To premeditate is to
think or ponder upon a matter before action. Premeditation and
deliberation may not be presumed. It may not be inferred from intent.
However, premeditation and deliberation need not exist for any particular
length of time.
State v. Harrington, 284 N.W.2d 244, 247 (Iowa 1979) (citation omitted). And
“specific intent requires an act calculated to produce a result that the law
forbids” and “is present when from the circumstances the offender must
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have subjectively desired the prohibited result.” State v. Fountain, 786
N.W.2d 260, 264 (Iowa 2010) (cleaned up).
As with our analysis of malice aforethought, the evidence showing that
Bevers-McGivney stabbed M.J. multiple times creates an inference of
deliberation. State v. Linderman, 958 N.W.2d 211, 222 (Iowa Ct. App. 2021)
(finding that multiple inflictions of injury to the victim allows a factfinder to
“infer deliberation and thoughtfulness with each blow”). Also, the use “of a
deadly weapon, if accompanied by an opportunity to deliberate . . . is
evidence from which a trier of fact may find malice, deliberation,
premeditation, and specific intent to kill.” State v. Self, No. 24-1727, 2026
WL 43636, at *5 (Iowa Ct. App. Jan. 7, 2026) (quoting State v. Jespersen, 360
N.W.2d 804, 807 (Iowa 1985)); State v. Pierce, No. 23-1367, 2026 WL 221588,
at *7 (Iowa Ct. App. Jan. 28, 2026) (finding that a defendant being armed
with a knife, pursuing the victim, and stabbing victim multiple times
“impl[ied] malice, willfulness, deliberation, premeditation, and specific
intent to kill”).
Further, Bevers-McGivney attempted to conceal the murder by hiding
M.J.’s body in a trash bin and moving the bin away from public view. He also
threw away the knife handle. State v. Buenaventura, 660 N.W.2d 38, 49 (Iowa
2003) (finding defendant removing evidence of a murder demonstrates
premeditation).
Lastly, Bevers-McGivney also argues that an absence of proven motive
may affect whether he acted with premeditation, specific intent, or
deliberation. Motive is not a necessary element of first-degree murder and is
simply a consideration the factfinder may make in analyzing mens rea
elements. See State v. Hoffer, 383 N.W.2d 543, 549 (Iowa 1986).
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We conclude the district court did not err in determining Bevers-
McGivney acted with deliberation, premeditation, and specific intent.
III. Conclusion
For the above reasons, we affirm the conviction of first-degree murder.
AFFIRMED.
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