By Penny Senzarino, Mason City Globe Gazette

MASON CITY — The Northwood man charged with first-degree murder in the 2013 death of his ex-girlfriend is concerned about the racial makeup of the jury pool in advance of his Oct. 20 trial date.

Tyrone Washington Jr., 40, allegedly stabbed Justina Smith, 30, also of Northwood, to death in Swensrud Park on Aug. 5, 2013.

Washington is African-American. Smith is Caucasian.

District Judge Colleen Weiland granted a change of venue last year after Washington expressed concerns about his ability to get a fair trial in Worth County due to the county’s small African-American population.

During a pre-trial hearing Friday morning, Washington’s attorney Charles Kenville said an examination of questionnaires from the 122 potential jurors revealed that there may be only one African-American on the panel.

“My client is terrified that he’s going to walk into court two weeks from now and he’s going to be looking at 122 white faces staring back at him,” Kenville said.

The African-American percentage of the panel may be higher because between 20 and 30 potential jurors failed to specify their race.

Assistant Iowa Attorney General Laura Roan said a potential jury pool need not and cannot represent exact proportions of the population.

The percentage of African-Americans in Webster County is between 4 and 5 percent. According to 2010 U.S. census data, the African-American population in Worth County is 47 persons or approximately 0.6 percent of the county’s total population of 7,598.

Kenville said he will be investigating whether there is a systematic reason why the number of African-Americans on the jury pool is so small.

He said he tried a felony case in Webster County in August with an African-American defendant and there were no African-Americans at all in the jury pool.

Adding to the confusion about the actual number of African-Americans in the Washington jury pool is the fact that apparently the race question on the juror questionnaire is optional.

The attorneys also discussed pre-trial motions involving evidence likely to come up during the trial.

The prosecution wants to limit any discussion by the defense of Smith’s alleged use of alcohol and illegal drugs.

Roan said toxicology reports showed the victim had no alcohol or drugs in her system at the time of her death. Although she did have the presence of a marijuana metabolite indicating she had used marijuana in the past.

According to Roan, a “significant quantity” of marijuana was found in Smith’s car.

Washington allegedly fled the crime scene in Smith’s Pontiac after stabbing her multiple times.

The car was spotted by an Iowa State Patrol trooper heading eastbound on Interstate 80 near the 276 mile marker.

The trooper attempted to stop the car and a pursuit ensued. The suspect’s vehicle left the roadway near the 289 mile marker and drove through corn and bean fields along the interstate.

During the pursuit, intentional vehicle contact was used by the State Patrol, resulting in damage to the Pontiac and State Patrol vehicles.

Washington was taken into custody and transported to the Scott County Jail in Davenport. He was later brought back to Worth County to face the murder charge.

During Friday’s hearing, Kenville argued the victim’s condition at the time of the stabbing is important to Washington’s allegation that he acted in self-defense.

Kenville said the information is important in helping the jury understand how a “much smaller woman attacked a larger man.

“It shows impaired judgment,” Kenville said.

“She had no alcohol or drugs in her system at the time she was murdered,” Roan argued.

Roan is asking the court to allow the jury to hear about a July 6, 2013, incident where Washington allegedly strangled Smith.

She said the evidence is relevant because it shows intent and motive in a murder case.

Kenville argued against admission of the evidence saying it is “exceedingly prejudicial.”

Judge Weiland did not rule on any of the motions Friday.

The trial begins with jury selection Oct. 20 in Webster County District Court in Fort Dodge. It is expected to last about five days.