012633 fecr - charges of two counts of intent to deliver methamphetamine against sac city man...

8/10/2019 012633 FECR - Charges of two counts of intent to deliver methamphetamine against Sac City man dismissed.pdf

1/23


2/23

E-FILED 2014 AUG 28 1:17 AM SAC - CLERK OF DISTRICT COURT


3/23

E-FILED 2014 AUG 28 1:17 AM SAC - CLERK OF DISTRICT COURT


4/23

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

MATTHEW J WESSELS , Defendant.

Case No: 02811 FECR012633

INITIAL APPEARANCE

Charges:01 - 124.401(1)(c) - CONTROLLED SUBSTANCE VIOLATION02 - 124.401(1)(c) - CONTROLLED SUBSTANCE VIOLATIONDefendant also has a simple misdemeanor and enters a not guilty plea to the charge of possession ofdrug paraphenalia.

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class C

Aggravated Misdemeanor

Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail

10 X 2 Years Prison

And/Or $1,000 to $10,000 fine X 2 plus 35% surcharges and costs

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E-FILED 2014 AUG 28 5:05 PM SAC - CLERK OF DISTRICT COURT


5/23

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:The defendant must post a cash or surety bond in the amount of $10,000. If released he is not toconsume any alcohol or illegal drugs and is to obey all laws state of Iowa and the United States. Youmust also submit to a substance abuse evaluation at his cost and provide a copy to the clerk of Courtwithin 30 days.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior

to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 09/08/2014 at 10:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at

712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).

Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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6/23

State of Iowa Courts

Case Number Case TitleFECR012633 STATE VS MATTHEW JAMES WESSELSType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-08-28 17:05:42

3 of 3



7/23

(

EN

TH EIOWA DISTRICT

COURT FOR

Sac

COUNTY

IS)

t/>o

3>-i

, 0 , -

STATE

OF IOWAor

Plaintiff/Petitioner

vs.

Defendant/Respondent.

No.

Criminal

Civil

-o

N3

FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

Insupportof myapplicationforappointmentof

counsel

andunder

penalty

ofperjury theundersigned

states:

Name: ^ \ \ M A / ^ BirthDate: idL ^ ~ t &

Home Phone:

Cellphone:

E-mail:

StreetAddress:

Sol Y),U*&

Street/P.O.

Box

Pending

charges:

Apt

#

City

D o you have aj ob ? jp f No Job, Q Y e s , F u l l Time Y e s ,PartTime ( L i s tHours/week:

^ . ^

Who do you

work

for?

State Zip

InJail?JjpYes No

^

How much

money

do you

currently make

before

taxes

or

deductions?

ft.

per hour month year

How muchmoneyhaveyo umadein the last 12 monthsfrom any source before;taxes or deductions? $

How manyfamilymembers are supportedbyorlivewith

you?

Ifa

spouse

liveswithyou, howmuch

money does

your

spouse make?

S3*

3SX

List

a ll

other moneyyou,or anyone elseliving

in

your

household,

has

coming

in:

per hour month year

Listwhat

you own

including

rrtMley inbanks, cars,

trucks,

othervehicles,

land,

houses,

buildings,

cash, or

anything

elseworthmore than 100: C?fc'

^

istamountsyo upaymonthlyformortgages, rent, carloans,credit cards,childsupport, oranyother debts:

I

understand

I may be required to

repay

the

State

for all or part of myattorney

f s

and

costs

I may be

required to

sign

awageassignment and Imost

report

any

changes

in the

mformation

submittedonthis

financialaffidavit. Ipromise

under

penaltyof perjurythatthestatementsImakeinthis

application

aretrue

andthatIamunableto pay for anattorneytorepresentme.


8/23

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.MATTHEW J WESSELS ,

DEFENDANT.

02811 FECR012633

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Robert Peterson, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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9/23


Case Number Case TitleFECR012633 STATE VS MATTHEW JAMES WESSELSType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-08-29 13:07:19

2 of 2



10/23

C O N T I N E N T A L H E R I T A G E

I n s u r a n c e

C o m p a n y

DISTRICT c o i K i

OK

IOWA

a r k w

Holtan

0 1 5

SAC_c|uHTY A

1

Bail

Bonds

FILED

ContinentalHeritage InsuranceCompany 2QIU AUG 2^

6140 Parkland

Blvd. ,

Ste 321

Cleveland, O H 44124

440.229.3420 F A X 440.229.3421

P O B o x

12

P H 2- 15

T

n

0 r i

IA 50591

O ffice 515-378-3286

F a x 515-576-3276

(PLACE

BAIL

AGEN T S ADDRESS

STAMP

HERE)

I N T H E

S A C C O U N T Y DISTRICT

C O U R T

S C

C O U N T Y , S T A T E O F _

IOWA

T H E S T A T E

OF

IOWA

Plaintiff

}

Defendant

N o .

Know l l Men ByThese Presents:

That we, , as Pr incipal,and Continental Heritage Insurance Company

as Surety (Identified by attached Power

o f Attorney N o . _

are held and finelybound unto the

1

n the sum of

hrmlybound unto tne _

S A C C O U N T Y DISTRICT

C o u r t

C i t y

C o u n t y r S t a t e

Dollars( A O . O O P

f o r

the payment whereof

we l l

and truly to be

made

webindourselves, our heirs, executors, administrators, successors, and assigns,

jointlyand severally. K h I I -\ (

T h e conditiono f this obligation is suchthat i fthe said/ ) Vy e> /0 O I S , Pr incipal,shall

S A C

C O U N T Y

DISTRICT

appearat the next regular or special term ot the

Court

Name

to answer a charge of

and shall

appear

fromday to day and term to term of

said

court and not

depart

the

jurisdiction

of the Court without leave then this

obligationshall be

v o i d ,

otherwise it shall remain inf u l lforce and effect. /

D a y of M ^ C A ^ A.D.

ignedand Sealed this

Taken

before

and

approved

by me:

3

Name

Tit le

C O R P O R A T E \

C O N T I N E N T A LH

Principal

T A G E

INSUF

M P A N Y

SEAL

orao

THIS

B O N D IS V O I D IFWRI TTEN FOR

A N A M O U N T

G R E A T E R

T H A N

THE P O W E R OF A T T O R N E Y

A T T A C H E D

H E R E T O , IF

M O R E T H A N

ONE

S U C H

P O W E R IS A T T A C H E D , OR IF WRI TTEN A F T E R THE

EXPIRATION

D A T E SPECIFIED

ON THE

A T T A C H E D

P O W E R O F A T T O R NE Y .

Mark W .

Holtan,A

1

Bail

Bonds

Agency

Name

P O B o x

12

Address

Thor,

IA 50591

City ,State, Zip Code

C H 0 1 3 1 0 05)


11/23

Continental Heritage

InsuranceCo

6140 Parkland Blvd.,Ste 321

Mayfield H ts., O H 44124

(440) 229-3420

(866) 489-6639

P O W E R O F A T T O R N E Y

P O W E RNO

P O W E R AMOUNT

WC30-01115254

30 000.00

K N O W A L L M E N B Y

T H E S E

P R E S E N T S thai the Continental Heritage Insurance Com pany, a corporation d uly o rganized and existing under the laws of the State

of

Florida and by the

authority

of

the R esolution adopted by the Board

of

Directors by unanimouswrittenconsent on January 26, 1993, which said Resolution has not been amended or rescinded, does constitute and

appoint and by these presents does make, constitute and appoint the named agent itstrue and lawful Attorney-in-Fact for

it

and in its name, place and stead, to execute, seal and deliver for and

on its behalf and as its act and deed, as surety, a bail bond only. Authority of

such

Attorney -in-Fact is l imited to appearance bonds and cannot be construed lo guarantee defendant's

future

lawful

conduct, adherencetotravel l imitations , f ines, restitution, payments or penalt ies, or any other condit ion imposed by a court not s pecif ica l ly related to court appearance.

T h i s

Power-of -At torney

is

for usewith Bai l Bonds only. Not va l id

if

used in connectionwith Federal or Imm igration Bonds . This pow er is void

if

altered orerased, vo id

if

usedwith other

powers of this company or in combination

with

powers from any other surety company, and voidifusedtofurnish bail in excessof the stated face amount of this power, and can only be

usedonce.

The

obligation

of the

company

shall

not

exceed

the sum of

T H I R T Y

T H O U S A N D D Q L YT fA R S

and provided this Power-of-Attorney isfiled

with

the bond and retained as a partofthe court records. The said Attorney-in-Fact is hereby authorizedtoinsertinthis Pow er-of-Attorney the

nameof the person on whose behalf this bond was given. -

IN

W I T N E S S W H E R E O F , T H E C O N T I

corporate sealto beheMunto a f f ixed this _

OOT>

H E R I T A G E

o f _

[ S U R A N G E

C O M P A N Y hasraused these

presents

to besignedby itsduly authorizedofficers,proper fo rthepurpose and its

I N S U R A N C E C O M P A N Y hasr:

M ON T H

/ YEAR

B y:

Edward F. Fcigh:

If rewrite, origin:

Attorney-in-Fact

=5:

SEAL '

= % 20 08

/ / i t m ^

By:

DavidA.

Canzone,

Chief Financial Oft

C J

.* o

1GNATURE)

N A M E )

VOID

IF NOT ISSUED

BV:

4 8 2015

FOR STATE USE ONLY

NO TV LIDIF ISSUED IN FEDERAL COURT

B L U E

ORIGINAL

FO R C O U R T

PINK

C O P Y F O R C O M P A N Y Y E L L O W

C O P Y F O R A G E N T

WHITE COPY FOR INDEMNITOR Form* CHI-01 9/12)


12/23



13/23

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

Vs,

MATTHEW JAMES WESSELS,

Defendant

No: FECR012633

ORDER E!TEND DATE

OF PRELIMINARY HEARIN"

Upon review of the above entitled matter, the Court find that !efendant appeared

for "nitial #ppearan$e %earin& on #u&ut 2', 201(, and wa held on )10,000 bond*

+reliminar %earin& wa $heduled for -eptember ', 201( at 10:00 a*m*, with the Court.

intent that in the event !efendant pot bond and releaed, that the +reliminar %earin&

would be e/tended to -eptember 1, 201( at 10:00 a*m*

he CUR N F"N!- that 4ond wa poted and !efendant wa releaed on

#u&ut 25, 201( and that the +reliminar %earin& date hould be e/tended*

IT IS THEREFORE ORDEREDthat the +reliminar %earin& i e/tended to the

#$t%

da& 'f Se(te)*e+ -#. at #-/-- a)*, in the a&itrate Courtroom of the -a$

Count Courthoue, -a$ Cit, "owa*

E-FILED 2014 SEP 06 6:24 AM SAC - CLERK OF DISTRICT COURT


14/23


Type: OTHER ORDER

Case Number Case Title

FECR012633 STATE VS MATTHEW JAMES WESSELS

So Ordered

Electronically signed on 2014-09-06 06:24:32 page 2 of 2

E-FILED 2014 SEP 06 6:24 AM SAC - CLERK OF DISTRICT COURT


15/23


16/23

2

COUNT III

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and

in the name and by the authority of the State of Iowa, accuses Defendant, Matthew James

Wessels of the crime ofCHILD ENDANGERMENT, a Class D Felony in violation of Iowa Code

Sections 726.6(1)(g) and 726.6(6) committed as follows:

The said Defendant, Matthew James Wessels,

on or about the 26thand 27thdays of August 2014 in the County of Sac and State of Iowa did

unlawfully and willfully being a parent, guardian, or person having custody or control over a child

or a minor under the age of eighteen with a mental or physical disability, or a person who is a

member of the household in which a child or such minor resides, knowingly permit a child or

minor to be present at a location where amphetamine/methamphetamine, it's salts, isomers, or

salts of isomers, is manufactured in violation of section 124.401, or where a product is

possessed in violation of section 124.401(4), not resulting in serious injury to his minor children.

A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 OCT 06 2:48 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


17/23

3

THE STATE OF IOWA vs. MATTHEW JAMES WESSELS

Criminal No. FECR012633

COUNT I: Manufacture, Deliver or Possess with Intent to Manufacture or DeliverMethamphetamine

COUNT II: Manufacture, Deliver or Possess with Intent to Manufacture or Deliver

Methamphetamine

COUNT III: Child Endangerment

NAMES OF WITNESSES:

BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT

MARK JANSMA, OFFICER, SAC CITY POLICE DEPARTMENT

JOHN THOMSEN, CHIEF, SAC CITY POLICE DEPARTMENT

STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT

TED HELMICH, CHIEF, LAKE VIEW POLICE DEPARTMENT

ROYCE KEMMANN, OFFICER, LAKE VIEW POLICE DEPARTMENT

MICHELLE PEDERSEN, OFFICER, LAKE VIEW POLICE DEPARTMENT

NATHAN BOECKMAN, OFFICER, LAKE VIEW POLICE DEPARTMENT

JAMES PATRICK SEXTON, OCCUPATION UNKNOWN

AMANDA KILGORE, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY-CRIMINAL

INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY

MELISSA OZIMEK, EVIDENCE TECHNICIAN, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL

INVESTIGATION DIVISION

TERESA BLESSINGTON, OCCUPATION UNKNOWN

JANE DOE #1, STUDENT

JANE DOE #2, STUDENT



18/23


Type: Approval of Trial Information



On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered




19/23


STATE OF IOWA,Plaintiff,

VS.

MATTHEW JAMES WESSELS,Defendant.

CRIMINAL NO. FECR012633

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexlained, to !arranta conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment.

IT IS ORDERED, the Defendant shall ersonall" aear for Arra!"#$"%at theSac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the 20%&'a( )* O+%)$r201- a% /00 a.#..

The Defendant is advised that failure to aear !ill result in the issuance of anarrest !arrant.

IT IS FURTHER ORDERED, the Defendant&s bond and conditions for releasefrom custod" in this matter shall be'

Defendant is released on ersonal reco$ni(ance.)ond is set in the amount of *++++++++++++++++.)ond ma" be unsecured.)ond must be cash or secured in the amount of the )ond.- cash ma" be osted.

B)"' r$)4( $% &a44 +)"%"$.%ler/ of %ourt shall issue a summons for Defendant to Aear.%ler/ of %ourt shall issue an arrest !arrant.O%&$r C)"'%)" )* R$4$a$/

D$*$"'a"% &a44 )$( a44 F$'$ra4, S%a%$, a"' L)+a4 4a5.The Defendant shall have no contact !ith the victim or an" !itness set

forth in the minutes of evidence in this matter.The Defendant shall be on re0trial suervision to the Second 1udicialDistrict Deartment of %orrectional Services.Other'



20/23


21/23


STATE OF IOWA,

Plaintiff,

v.

MATTHEW J. WESSELS,

Defendant.

Case Nos. FECR012633 and

FECR012637

MOTION TO DISMISS PURSUANT TO

IOWA R. CRIM. P. 2.33

COMES NOW, the State of Iowa, through Sac County Attorney Ben

Smith, and states that the interests of justice and judicial economy would best be

served if the Trial Information in FECR012633 and the criminal complaint(s) filed

in FECR012637 should be dismissed without prejudice pursuant to Rule 2.33.

WHEREFORE, the State of Iowa requests that the Trial Information in

FECR012633 and the criminal complaint(s) in FECR012637 be dismissed

without prejudice pursuant to Rule 2.33.

____________________________Benjamin John Smith

Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2014 OCT 14 10:18 AM SAC - CLERK OF DISTRICT COURT


22/23


STATE OF IOWA,

Plaintiff,

v.

MATTHEW J. WESSELS,

Defendant.

Cae N!. FECR"#$%&& and

FECR"#$%&'

ORDER (RANTIN( DISMISSAL

PURSUANT TO IOWA R. CRIM. P.

$.&&

T)i *atte+ a*e -ef!+e t)e C!+t !n t)e State/ M!ti!n t! Di*i t)e

T+ial Inf!+*ati!n in FECR"#$%&& and t)e +i*inal !*0laint12 filed in

FECR"#$%&' 3it)!t 0+e4die, 0+ant t! Rle $.&&. T)e C!+t, 0!n

+evie3in5 t)e +e!+d and -ein5 advied in t)e 0+e*ie, FINDS and ORDERS

t)at f!+ t)e +ea!n et f!+t) in t)e State/ M!ti!n, t)e T+ial Inf!+*ati!n in

FECR"#$%&& and t)e +i*inal !*0laint12 in FECR"#$%&' )all -e and a+e

di*ied 3it)!t 0+e4die 0+ant t! Rle $.&&.



23/23


Type: DISMISSED PER COURT




So Ordered



012633 fecr - charges of two counts of intent to deliver methamphetamine against sac city man...

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