agcr012587 - charge of assault while displaying a dangerous weapon dismissed for odebolt man.pdf

E-FILED 2014 JUL 13 4:11 AM SAC - CLERK OF DISTRICT COURT

DISTRICT CGUKI OF IOWA SAC COUNTY

IN THE IOWA DISTRICT COURT F O R SAC COUNTY F ' L E °

MAGISTRATE DIVISION

STATE OF. IOWA,

Plaintiff

•vs.

2011) JUL !U SH 8=1!

MAGISTRATE NO.

INITIAL APPEARANCE

Defendant

On this j 5 ^ V day of nndersigned Magistrate in and for Sac County, hi IPc^ftrv^ ' ^ -Iowa.

, 20* j|f the Defendant herein appears before the g been charged with the crime of i\S$Zx j £ t l i A JJ?^ d i y

being a violation of Section 7 C ? Y . , y s ) - of the Code

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent That any statement made by the Defendant cari^nd would be used against him/her in a Court of law. That he/she has the right to have an attorney present at all stages of the proceeding and, i f the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.

2. That he/she is charged with a violation of Section ""%3£?;^C?J. which is-classified as: Felony - Class

_ Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the aboye charge is: f ^0 ^^t> Yn<" Y f a r C n m r t v .Tail « _ One Year County Jail

2 v Years Prison . ^ Ana/Or$?b,X'Fiaet 'jo 5(t 1 Ct»i'

4. That to obtain the services t f an attorney at the expense of the State of Iowa, application for Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court

You will be released from custody prior to trial on your own promise to appear at all (a) farther court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serious misdemeanor; or (b) |fk. (If appropriate) Upon consideration of the factois in Section 811.2, the Court is not reasonably assured that yon krTMnjmsjji&efgforf and thereforej

mtimnosM the, fonowrnqiconrlitaong on-your rqloase: (fji^i c.O\j.y*j~(°)

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

preJiininary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information 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 hearing is: Waived , A ij Set for the ^ I frf day o i L k J O j , 20/$ at [ ( j A M . in the

Mate CourtroomCour&ouse^ac City, Sac Cpunty, lowar ( A ( P U U ^ J ^ ^ J ^

. . . . . . . „ te has been set, you should contact the county attorney at (712) 662-4791 / v -before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. TF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICKUP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If yon require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (ITyou are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)

ft. »L. - Warren L . Bush Judicial Magistrate

Copies to: County Attorney Defendant Sac County Sheriff

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

DUSTIN ALAN POPE,

Defendant.

CASE NO. AGCR012587

TRIAL INFORMATION

COUNT 1

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, DUSTIN ALAN POPE (“Defendant”) of the crime of ASSAULT WHILE DISPLAYING A DANGEROUS WEAPON, a violation of Iowa Code sections 708.1(2)(c) and 708.2(3), committed as follows: On or about July 12, 2014, in Sac County, Iowa, Defendant, without justification, intentionally pointed any firearm toward another and / or displayed said firearm in a threatening manner toward another person.

A TRUE INFORMATION

____________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]


WITNESS LIST

Matt Biede, Deputy, Sac County Sheriff’s Office

Tory Cudaback Deputy, Sac County Sheriff’s Office

Kimberly Schmidt

Mark A. Arrington

Mark Riley

Michelle Bird

Nicole Hoffman

Travis Hoffman


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleAGCR012587 STATE VS DUSTIN POPE

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

Electronically signed on 2014-07-25 10:18:55 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs DUSTIN ALAN POPE , Defendant.

Case No: 02811 AGCR012587 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 08/06/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



E-FILED 2014 AUG 01 8:54 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 AUG 05 4:15 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. DUSTIN ALAN POPE , Defendant.

Case No: 02811 AGCR012587 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on August 5, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

2 of 3


State of Iowa CourtsCase Number Case TitleAGCR012587 STATE VS DUSTIN POPEType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-08-06 08:42:42

3 of 3



THE STATE OF IOWA

Plaintiff,

Case No. AGCR012587

vs.

ORDER

DUSTIN ALAN POPE,

Defendant

COMES NOW the Court and reviews the motion of Joseph J. Heidenreich to

withdraw as attorney of record for the Defendant, Dustin Alan Pope.

IT IS THEREFORE ORDERED that Joseph J. Heidenreich’s motion to

withdraw as counsel is granted and he is relieved of any further responsibility in this

matter.



Type: OTHER ORDER


So Ordered



Date: 08/24/2014 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. AGCR012587vs.

Dustin PopeDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________ Date_____8/24/2014___________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529


2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. DUSTIN ALAN POPE , DEFENDANT.

Case No. 02811 AGCR012587 O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before September 4, 2014. If any objection is filed on or

before September 4, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before September 4, 2014, the pending Request

for Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

REED HENRY REITZ

MEDIA COORDINATOR

DUSTIN ALAN POPE

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State of Iowa CourtsCase Number Case TitleAGCR012587 STATE VS DUSTIN POPEType: OTHER ORDER

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff / Petitioner, vs. DUSTIN ALAN POPE , Defendant / Respondent.

02811 AGCR012587

ORDER OF CONTINUANCE

Upon application of the Defendant and with the agreement of the State of Iowa: This matter is continued, Jury Trial is scheduled on 11/04/2014 at 9:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. This matter is continued, Pretrial Conference is scheduled on 10/15/2014 at 9:30 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2014 SEP 17 10:55 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleAGCR012587 STATE VS DUSTIN POPEType: ORDER FOR CONTINUANCE

So Ordered


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STATE OF IOWA, Plaintiff, v. DUSTIN ALAN POPE, Defendant.

Case No. AGCR012587

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On September 17, 2014, the parties conducted a Pretrial Conference as ordered or in anticipation of the same. The State appeared by Sac County Attorney Ben Smith. Defendant appeared by Reed Reitz. The parties, through the undersigned, represent the following to the Court:

A request to reschedule the Pretrial Conference is hereby made by the State. Defendant had no objection with the matter being continued. The highly extenuating circumstances that warrant rescheduling the Pretrial Conference are that the State plans to file additional charges against Defendant, unrelated to the instant matter. The parties would look to consider all charges against Defendant before any plea offers are considered / accepted in the instant matter. Additionally, the State will be asking the Court to appoint a Special Prosecutor to all of Defendant’s cases due to a conflict of interest.

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]

E-FILED 2014 SEP 17 4:21 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, v. DUSTIN ALAN POPE, Defendant.

Case Nos. AGCR012587, SRCR012615 APPLICATION FOR SPECIAL PROSECUTOR

COMES NOW, the State of Iowa by and through the undersigned and

states that the Sac County Attorney has a conflict-of-interest or an appearance

of a conflict of interest in above-entitled cases. The undersigned has consulted

with Assistant Buena Vista County Attorney Matt Speers who indicates that he is

willing and able to represent the State in this matter.

WHEREFORE, the Sac County Attorney’s Office requests the Court

appoint Assistant Buena Vista County Attorney Matt Speers as special

prosecutor in this case.

Respectfully Submitted,

__________________________ Benjamin John Smith

Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]



STATE OF IOWA 02811 AGCR012587 Plaintiff vs. ORDER APPOINTINGDUSTIN ALAN POPE SPECIAL PROSECUTOR Defendant

BE IT REMEMBERED this matter came before the Court upon application of the CountyAttorney. THE COURT FINDS that a special prosecutor should be appointed. IT IS THEREFORE ORDERED that Matt Speers is appointed as special prosecutor of thismatter. Clerk to provide copies to:County AttorneyDefense Counsel/DefendantMatt Speers

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So Ordered


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STATE OF IOWA, No. AGCR012587

Plaintiff,MOTION FOR

v. CONTINUANCE

DUSTIN ALAN POPE,

Defendant.

Comes now the State of Iowa and moves to continue the pretrial conference

scheduled for October 15, 2014, in this cause and in support states:

1. Undersigned will be out of the State for training with the National Guard from

October 15 through October 19.

2. A pretrial is now scheduled for with this same defendant and counsel for November

19, 2014, in Sac county case no. SRCR012615.

WHEREFORE, the State respectfully moves the Court for entry of an order

continuing the pretrial conference in this matter to November 19, 2014.

Respectfully Submitted,

/s/ Matthew J. SpeersMatthew SpeersAssistant Buena Vista County AttorneySpecial Prosecutor Assigned Herein606 Geneseo StreetP O Box 1246Storm Lake IA 50588(712) 732-1933(712) 732-2009 (fax)[email protected]

E-FILED 2014 OCT 09 2:04 PM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]


02811 AGCR012587


Upon application of the Plaintiff and for good cause: This matter is continued, Jury Trial is scheduled on 12/03/2014 at 9:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. This matter is continued, Pretrial Conference is scheduled on 11/19/2014 at 9:30 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2014 OCT 10 10:11 AM SAC - CLERK OF DISTRICT COURT


So Ordered


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E-FILED 2014 OCT 10 10:11 AM SAC - CLERK OF DISTRICT COURT


02811 AGCR012587


This matter is continued, Jury Trial is scheduled on 12/09/2014 at 9:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. This matter is continued, Pretrial Conference is scheduled on 11/19/2014 at 9:30 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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So Ordered


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STATE OF IOWA, No. SRCR012615, AGCR012587Plaintiff,

v. MOTION FOR CONTINUANCE

DUSTIN ALAN POPE,Defendant.

COMES NOW, the State of Iowa, by and through undersigned prosecutingattorney, and moves the court to enter an order resetting the trial and pretrial conferencesin these matters and in support states:

1. The above named defendant is charged in these two matters with FalseImprisonment and Assault with a Dangerous Weapon. The defendant also hascharges now pending in Calhoun county.

2. That a pretrial conference is scheduled for these matters on November 19, 2014.

3. Undersigned has been appointed as a special prosecutor for this defendant.

4. Undersigned has a full day of juvenile court proceedings on November 19, 2014, inBuena Vista county.

5. The State has tendered a plea offer encompassing all the pending charges.However, defense counsel needs additional time to present the offer and conferwith the defendant.

6. Undersigned has spoken with defense counsel, Reed Reitz. Mr. Reitz is inagreement to forego a formal pretrial conference and that a new pretrial and trialdate should be scheduled.

WHEREFORE, the State respectfully moves the Court for entry of an ordercontinuing the pretrial and trial in these matters.

/s/ Matthew J. SpeersMatthew SpeersAssistant Buena Vista County Attorney606 Geneseo StreetP O Box 1246Storm Lake IA 50588(712) 732-1933(712) 732-2009 (fax)[email protected]

E-FILED 2014 NOV 18 4:37 PM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. DUSTIN ALAN POPE , Defendant.

Case No: 02811 AGCR012587 Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Orderrequiring parties to conduct a pretrial conference. The following order is entered:

ORDER Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on01/07/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 01/27/2015 at 9:00 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Clerk to provide notice to counsel of record.

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E-FILED 2014 NOV 19 8:51 AM SAC - CLERK OF DISTRICT COURT


So Ordered


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E-FILED 2014 NOV 19 8:51 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. DUSTIN ALAN POPE , Defendant.

Case No: 02811 AGCR012587 ORDER OF DISMISSAL

Pursuant to plea agreement of the parties. IT IS ORDERED that this case is dismissed with costs to the Defendant. IT IS FURTHER ORDERED that any appearance bond posted is exonerated to the person postingthe same. Any companion charges are also dismissed with the costs taxed to the Defendant. Anyoutstanding warrants are rescinded.

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E-FILED 2015 JAN 07 4:15 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleAGCR012587 STATE VS DUSTIN POPEType: ORDER OF DISPOSITION

So Ordered


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E-FILED 2015 JAN 07 4:15 PM SAC - CLERK OF DISTRICT COURT

agcr012587 - charge of assault while displaying a dangerous weapon dismissed for odebolt man.pdf

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