Former Des Moines Superintendent Ian Roberts' trial date set; will remain in custody
- Former Des Moines schools Superintendent Ian Roberts is set for trial Dec. 1 for illegal gun possession and lying on employment forms.
- Roberts, a Guyanese native, allegedly lacked legal authorization to work in the U.S. and faces a pending deportation order.
- He has pleaded not guilty to charges of possessing four firearms as an illegal alien and falsely claiming U.S. citizenship on an I-9 form.
Former Des Moines schools Superintendent Ian Roberts is set to go to trial Dec. 1 on charges of illegally owning a gun and lying on employment forms.
Magistrate Judge William Kelly set the trial date in a Wednesday, Oct. 22, hearing in U.S. District Court that Roberts waived his right to attend.
Roberts, who was hired by the Des Moines school district in 2023, submitted his resignation Sept. 30, days after he was arrested while allegedly trying to flee from Immigration and Customs Enforcement agents. Federal officials have since said Roberts, a native of Guyana, was not a U.S. citizen and lacked legal authorization to work in the United States. Those were among multiple other apparent mistruths and exaggerations about his background and qualifications.
In addition to a pending order of deportation, Roberts now also faces federal criminal charges. He was indicted Oct. 16 on two counts for possessing a firearm as an illegal alien and making a false statement for employment. Prosecutors allege that Roberts illegally had four guns, including a loaded handgun left in his district-owned vehicle after he fled from ICE, and that he falsely attested he was a United States citizen when filling out his I-9 employment authorization to work in Des Moines.
Roberts has pleaded not guilty to both charges.
Trial set for Dec. 1, could be postponed
Now the case is moving toward trial. Based on the Dec. 1 date, pretrial motions will be due Nov. 10 and any change in plea must be made by Nov. 17.
Roberts' attorney Alfredo Parrish agreed to the trial date, although he told Kelly that the defense may need more time to examine evidence in order to challenge the indictment, particularly as it relates to Roberts' I-9 form. Kelly noted that U.S. District Judge Rebecca Goodgame Ebinger, who will preside over the trial, will routinely grant a single continuance for criminal cases.
Roberts to remain in custody pending trial
Since being criminally charged, Roberts has been in the custody of the U.S. Marshal's Service rather than Immigration and Customs Enforcement. That's significant because, despite having an active deportation order, he will not be removed from the country until he's returned to ICE custody.
Roberts had previously waived a detention hearing, consenting to remain in the marshals' custody, and on Wednesday, Parrish said that remains the case.
"The removal order puts him in a little bit of a difficult position, so we're not requesting a detention hearing at this time," he told Kelly.
What's next for Ian Roberts' case?
Parrish has previously indicated he is looking at paths to challenge the indictment and has claimed that Roberts believed, incorrectly, that he'd been granted some form of permission to remain in the country during proceedings before a Texas immigration court in 2024.
After the hearing, Parrish and co-counsel Brandon Brown said they are planning to bring "several" motions in the coming weeks.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
