CEDAR RAPIDS — Kyleigh Wright said she started to cross an intersection near the federal courthouse last summer during a protest against abortion rights being overturned when she noticed a pickup truck coming toward her — and she didn’t think it would stop.
“I was scared,” Wright, 22. testified Tuesday. “I was a pedestrian and it was a vehicle.”
She and others were crossing the intersection of Second Street SE and Eighth Avenue SE as they were ending a June 24, 2022, protest against the U.S. Supreme Court overturning Roe v. Wade and ending a federal right to an abortion. Wright wasn’t familiar with the street names, but identified herself as the person seen in a video being struck by a black truck as it went through that intersection.
After the truck struck her, she said she sat down and “cried hysterically.” She had pain in her wrist, foot and one side of her body. She testified others in the protest group tried to stop the truck, but it continued.
The driver of the Ford F-150 pickup truck, David Huston, 54, of Swisher, is on trial this week for driving his vehicle into the pedestrian protesters who were crossing the street.
And among the witnesses called by prosecutors during the first day of the trial are two elected officials — a Cedar Rapids City Council member and the Linn County Attorney, whose office usually would be prosecuting a case like this in its jurisdiction if he were not taking the stand.
Huston is charged with assault by use of display of a dangerous weapon-vehicle, an aggravated misdemeanor; and leaving the scene of a personal injury accident. If convicted, he faces up to two years in jail.
Testimony should wrap up Wednesday and the jury could start deliberations Thursday.
Wright, under cross examination by the defense, admitted after she was struck by the pickup truck, she struck the vehicle with her protest sign and kicked it. She said she didn’t know why, except that it was in reaction to being hit.
She didn’t slap the driver with a sign, but she thought another person did.
Ashley Vanorny, a Cedar Rapids City Council member, joined the rally that day. She was walking with Linn County Attorney Nick Maybanks and one of his daughters.
She and Maybanks’ daughter crossed the intersection and she turned to look back to see if everyone had crossed safely, and saw the black pickup truck drive into the intersection as others were crossing — and it didn’t stop.
Vanorny, under cross examination, said she didn’t think the mishap was politically motivated, but instead “reckless driving.”
The pickup approached the pedestrian and “nudged” her, Vanorny testified. The driver could have gone another way around the protesters, but continued forward, she said.
Vanorny acknowledged that protesters surrounded the truck after it “physically engaged” with the pedestrian. Anyone in the intersection would have had to move out of the way to not get struck by the pickup, she added.
Maybanks said his office didn’t prosecute this case because he was at the scene and could be called as a possible witness. He referred the case to Black Hawk County Attorney Brian Williams, and Williams made the decision to file charges. The case is being prosecuted by Assistant Black Hawk County Attorney Heather Jackson.
Maybanks testified his wife wanted him to bring their daughters and join her at the rally that evening. It was wrapping up at 7:15 p.m. when they were crossing the intersection. He identified himself on a surveillance video taken from the U.S. District Courthouse.
The video showed Maybanks and his two daughters and wife walking with Vanorny. But as they crossed the street, he was a little behind and briefly waited because he thought the light might change and wanted to be safe.
After he crossed, he noticed a “commotion” behind him, he said. A pickup was in the middle of the intersection in the crosswalk area. It was kind of “shocking” to see the truck there, Maybanks said. Then he saw two women in front of the truck. One was leaning forward and one was pushing against the truck.
The truck was “jerking” forward, he said.
Maybanks said other protesters then started running at the truck — he guessed to try to stop it — but it drove away. The woman struck went up to the truck and the driver grabbed her sign and ripped it, he said.
Cedar Rapids Police Sgt. Ryan Dunbar, who investigated, said Huston was traveling west on Eighth Avenue SE. There was a car in front of him that he went around to get into the intersection. Dunbar testified that Huston struck a person, and it was caught on video.
Huston didn’t call authorities that day, but did come to the police department after police contacted him, Dunbar said.
Protesters captured the incident with their camera phones, and got the truck’s license number before it drove away.
When the sergeant called Huston for an interview, Huston said he was on vacation but would sit for an interview when he returned.
During the interview, Huston said he drove into the intersection because he had the right of way and a green light, Dunbar said. Huston was asked why he didn’t turn another direction and avoid the crosswalk, but he didn’t have a reason, Dunbar said.
Huston told police he was coming from the Barrel House, 102 Second St. SE, and headed home that direction. He denied making contact with the protester and said he “feared” for his safety and left, Dunbar said.
The prosecution continues its case Wednesday.
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