E-FILED 2020 NOV 24 3:21 PM DELAWARE - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR DELAWARE COUNTY

THE ESTATE OF AMY LYNN MULLIS, by CASE NO. _______________

Co-Administrators, Randy Munson and Peggy
Munson, THE CONSERVATORSHIP OF
TRYSTEN MULLIS, by Co-Conservators
Randy Munson and Peggy Munson, THE
CONSERVATORSHIP OF TAYLOR PETITION AT LAW
MULLIS, by Co-Conservators Randy Munson
and Peggy Munson, THE (JURY DEMAND)
CONSERVATORSHIP OF WYATT
MULLIS, by Co-Conservators Randy Munson
and Peggy Munson, and PEGGY MUNSON
AND RANDY MUNSON, individually

Plaintiffs

v.

TODD MICHAEL MULLIS,

Defendant.

COME NOW, the Plaintiffs, The Estate of Amy Lynn Mullis, by Co-Administrators

Randy Munson and Peggy Munson; the Conservatorship of Trysten Mullis, by Co-Conservators

Randy Munson and Peggy Munson; the Conservatorship of Taylor Mullis, by Co-Conservators

Randy Munson and Peggy Munson; the Conservatorship of Wyatt Mullis, by Co-Conservators

Randy Munson and Peggy Munson; and Peggy Munson and Randy Munson, individually

(hereinafter the “Plaintiffs”), and in support of their claims against Defendant Todd Michael

Mullis state as follows:

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PARTIES

1. Plaintiff the Estate of Amy Lynn Mullis is a duly opened and authorized estate

pending in the Iowa District Court for Delaware County under Probate No. ESPR006439.

2. Plaintiff the Estate of Amy Lynn Mullis asserts this wrongful death claim on

behalf of the Estate and all individuals claiming a right of recovery through the Estate.

3. Plaintiff the Conservatorship of Trysten Mullis is a duly opened and authorized

conservatorship pending in the Iowa District Court for Polk County under Case No.

GCPR074560.

4. Plaintiff the Conservatorship of Trysten Mullis asserts this wrongful death claim

on behalf of the Conservatorship of Trysten Mullis to recover damages on behalf of Trysten

Mullis.

5. Plaintiff the Conservatorship of Taylor Mullis is a duly opened and authorized

conservatorship pending in the Iowa District Court for Polk County under Case No.

GCPR074559.

6. Plaintiff the Conservatorship of Taylor Mullis asserts this wrongful death claim

on behalf of the Conservatorship of Taylor Mullis to recover damages on behalf of Taylor

Mullis.

7. Plaintiff the Conservatorship of Wyatt Mullis is a duly opened and authorized

conservatorship pending in the Iowa District Court for Polk County under Case No.

GCPR074558.

8. Plaintiff the Conservatorship of Wyatt Mullis asserts this wrongful death claim on

behalf of the Conservatorship of Wyatt Mullis to recover damages on behalf of Wyatt Mullis.

9. Plaintiff Peggy Munson is an individual and citizen of Polk County, Iowa.

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10. Plaintiff Randy Munson is an individual and citizen of Polk County, Iowa.

11. Defendant Todd Michael Mullis, at all times material hereto, was a resident of

Earlville, Delaware County, Iowa.

JURISDICTION AND VENUE

12. This Court has jurisdiction over the subject matter and the parties herein.

13. Venue is proper in this Court as Delaware County is the county in which the acts

complained of occurred.

14. The claims raised in this case exceed the jurisdictional minimums of this Court.

FACTUAL BACKGROUND

15. Amy Lynn Mullis was born to Robert Fuller and Peggy Munson (f/k/a Peggy

Fuller) on January 23, 1979.

16. On September 11, 2004, Amy Lynn Mullis married Defendant Todd Michael

Mullis in Manchester, Iowa.

17. Amy Lynn Mullis and Todd Michael Mullis resided on their farm in rural

Delaware County, Iowa located at 1722 255th Ave., Earlville, Iowa 52041 at the time of the death

of Amy Lynn Mullis.

18. Amy Lynn Mullis was the natural mother of the three minor children represented

by the Conservatorship Plaintiffs herein. Trysten Mullis is currently thirteen (13) years old,

Taylor Mullis is currently eleven (11) years old, and Wyatt Mullis is currently nine (9) years old.

19. On November 10, 2018, Amy Lynn Mullis was stabbed while working on her

farm in Earlville, Iowa. Amy Lynn Mullis passed from the injuries she sustained in this attack on

November 10, 2018.

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20. An autopsy was conducted on Amy Lynn Mullis on or about November 12, 2018

at the State Medical Examiner’s Office in Ankeny, Iowa. The autopsy ruled that the death of

Amy Lynn Mullis a homicide, and determined that six puncture wounds had entered the body of

Amy Lynn Mullis. Two puncture wounds entered her body at an upward angle, and four entered

her body at a downward angle.

21. According to a criminal complaint filed in Delaware County Case No.

FECR012941 on February 28, 2019, law enforcement, in the course of their investigation into

the death of Amy Lynn Mullis, seized an iPad at the Mullis property, to which Defendant Todd

Mullis admitted he was the owner and sole user of.

22. According to the aforementioned criminal complaint, four days prior to the

homicide of Amy Lynn Mullis search results on Defendant Todd Michael Mullis’s iPad showed

that he had searched the internet for the search terms “Organs in the body” and visited various

websites concerning organs in the human body.

23. According to the aforementioned criminal complaint, on or about May 10, 2018

the email account associated with Defendant Todd Michael Mullis and his iPad searched the

internet for the search terms “killing unfaithful women” and “what happens to cheaters in

history” and “what happened to cheating spouses in historic Aztec tribes”.

24. According to the aforementioned criminal complaint, on or about January 8, 2018,

the email account associated with Defendant Todd Michael Mullis and his iPad searched the

internet for the search terms “once you hunt man you will always feel the thirst” and “thrill of the

kill” and “famous quote no thrill like that of hunting man.”

25. On February 28, 2019, Defendant Todd Michael Mullis was charged with Murder

in the First Degree in violation of Iowa Code §§ 707.1 and 707.2(1)(a).

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26. Defendant was convicted by a jury of in Delaware County on September 23,

2019.

27. Defendant’s conviction was confirmed by the Iowa District Court for Delaware

County on September 4, 2020, and a sentence of life in prison without parole was imposed upon

Defendant.

28. The Conservatorships of Trysten Mullis, Taylor Mullis, and Wyatt Mullis were

established by Court Order on June 20, 2019, and Randy Munson and Peggy Munson were

appointed as the Co-Conservators thereof.

29. Randy Munson and Peggy Munson were appointed as the Co-Administrators of

the Estate of Amy Lynn Mullis on August 7, 2020 in Delaware County, Iowa pursuant to Court

Order.

COUNT I – HOMICIDE IN VIOLATION OF IOWA CODE SECTION 707.1 AND

707.2(1)(a)

30. Plaintiffs repeat and incorporate herein the allegations set forth in Paragraphs 1 -

29 as if fully set forth herein.

31. Defendant killed Amy Lynn Mullis, his spouse, on November 10, 2018 with a

corn rake.

32. Defendant’s actions were committed with malice aforethought.

33. Defendant’s actions will willful, deliberate, and with premeditation.

34. The Defendant’s acts and omissions are the direct and proximate cause of the

damages sustained by Plaintiffs.

35. That as a direct and proximate result of the Defendant’s homicide of Amy Lynn

Mullis, Plaintiffs have sustained the following damages, including but not limited to:

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a. The present value of the additional amounts Amy Lynn Mullis would reasonable

have been expected to have accumulated as a result of her own effort had she

lived out the term of her natural life.

b. Funeral expenses.

c. Interest on funeral expenses.

d. Past and future loss of income to the Estate of Amy Lynn Mullis.

e. Pre and post death pain and suffering.

f. Pre and post death loss of full mind and body.

g. Loss of enjoyment of life.

h. Emotional Distress and anguish.

36. The conduct of Defendant was willful and wanton, and in total disregard for the

Plaintiffs, and as such, Plaintiffs are entitled to recover punitive damages and/or exemplary

damages.

WHEREFORE, the Plaintiffs respectfully request that the Court enter judgment against

Defendant Todd Michael Mullis in an amount to reasonably compensate them for their damages,

award the Plaintiffs punitive damages and/or exemplary damages in an amount sufficient to

punish and deter the same or similar conduct by Defendant or others in the future, assess the

costs of this matter against Defendant, interest as allowed by law, and for such further relief as

the Court deems appropriate under the premises

COUNT II – NEGLIGENCE

37. Plaintiffs repeat and incorporate herein the allegations set forth in Paragraphs 1 -

36 as if fully set forth herein.

38. Defendant owed a duty of care to Plaintiffs.

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39. Defendant breached his duty of care to Plaintiffs by stabbing Amy Lynn Mullis to

death on November 10, 2018.

40. Defendant was negligent in the homicide of Amy Lynn Mullis.

41. The Defendant’s acts and omissions are the direct and proximate cause of the

damages sustained by Plaintiffs.

42. That as a direct and proximate result of the Defendant’s homicide of Amy Lynn

Mullis, Plaintiffs have sustained the following damages, including but not limited to:

a. The present value of the additional amounts Amy Lynn Mullis would reasonable

have been expected to have accumulated as a result of her own effort had she

lived out the term of her natural life.

b. Funeral expenses.

c. Interest on funeral expenses.

d. Past and future loss of income to the Estate of Amy Lynn Mullis.

e. Pre and post death pain and suffering.

f. Pre and post death loss of full mind and body.

g. Loss of enjoyment of life.

h. Emotional Distress and anguish.

43. The conduct of Defendant was willful and wanton, and in total disregard for the

Plaintiffs, and as such, Plaintiffs are entitled to recover punitive damages and/or exemplary

damages.

WHEREFORE, the Plaintiffs respectfully request that the Court enter judgment against

Defendant Todd Michael Mullis in an amount to reasonably compensate them for their damages,

award the Plaintiffs punitive damages and/or exemplary damages in an amount sufficient to

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punish and deter the same or similar conduct by Defendant or others in the future, assess the

costs of this matter against Defendant, interest as allowed by law, and for such further relief as

the Court deems appropriate under the premises

COUNT V – LOSS OF CONSORTIUM – PLAINTIFFS CONSERVATORSHIPS OF

TRYSTEN MULLIS, TAYLOR MULLIS, AND WYATT MULLIS

44. Plaintiffs repeat and incorporate herein the allegations set forth in Paragraphs 1 -

43 as if fully set forth herein.

45. Trysten Mullis, Taylor Mullis, and Wyatt Mullis were at all times material hereto

the biological children of Amy Lynn Mullis.

46. The Defendant’s acts and omissions are the direct and proximate cause of the

damages sustained by Trysten Mullis, Taylor Mullis, and Wyatt Mullis.

47. As a proximate result of the acts aforesaid, Trysten Mullis, Taylor Mullis, and

Wyatt Mullis have in the past and will in the future sustain loss of consortium, including aid,

affection, society, companionship, and have in the past and will in the future suffer damages for

the costs of counseling and mental health treatment associated with the homicide of their mother,

and have in the past and will in the future suffer emotional distress, mental disability, anguish,

anxiety, and other mental health conditions, concerns, and/or defects as a result of the homicide

of their mother.

48. The conduct of Defendant was willful and wanton, and in total disregard for the

Plaintiffs, and as such, Plaintiffs are entitled to recover punitive damages and/or exemplary

damages.

WHEREFORE, the Conservatorships of Trysten Mullis, Taylor Mullis, and Wyatt Mullis

request that the Court enter judgment against Defendant Todd Michael Mullis in an amount to

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reasonably compensate each child through their respective conservatorships for their damages,

assess the costs of this matter against Defendant, interest as allowed by law, and for such further

relief as the Court deems appropriate under the premises.

COUNT VI – LOSS OF CONSORTIUM – RANDY MUNSON AND PEGGY MUNSON

49. Plaintiffs repeat and incorporate herein the allegations set forth in Paragraphs 1 -

48 as if fully set forth herein.

50. At all times material hereto, Plaintiff Randy Munson was the step-father of Amy

Lynn Mullis.

51. At all times material hereto, Plaintiff Peggy Munson was the natural mother of

Amy Lynn Mullis.

52. The Defendant’s acts and omissions are the direct and proximate cause of the

damages sustained by Randy Munson and Peggy Munson.

53. As a proximate result of the acts aforesaid, Randy Munson and Peggy Munson

have in the past and will in the future sustain loss of consortium, including aid, affection, society,

companionship, and have in the past and will in the future suffer damages for the costs of

counseling and mental health treatment associated with the homicide of their daughter, and have

in the past and will in the future suffer emotional distress, mental disability, anguish, anxiety,

and other mental health conditions, concerns, and/or defects as a result of the homicide of their

daughter.

54. The conduct of Defendant was willful and wanton, and in total disregard for the

Plaintiffs, and as such, Plaintiffs are entitled to recover punitive damages and/or exemplary

damages.

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WHEREFORE, Randy Munson and Peggy Munson, individually, request that the Court

enter judgment against Defendant Todd Michael Mullis in an amount to reasonably compensate

them for their damages, assess the costs of this matter against Defendant, interest as allowed by

law, and for such further relief as the Court deems appropriate under the premises.

JURY DEMAND

Plaintiffs hereby demand a trial by jury on their claims herein.

Respectfully submitted,

/s/ Laura R. Luetje

/s/ William C. Strong
Laura R. Luetje, AT0008915
William C. Strong, AT0012393
LAMBERTI, GOCKE & LUETJE, P.C.
210 NE Delaware Avenue, Suite 200
Ankeny, Iowa 50021
Telephone: (515) 964-8777
Facsimile: (515) 964-8796
E-mail: laura.luetje@ankenylaw.com
william.strong@ankenylaw.com
ATTORNEYS FOR PLAINTIFFS

Original E-Filed.

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