arraignment scheduled for sac city man accused of conspiracy to commit fraudulent practice in the...
TRANSCRIPT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
STATE OF IOWA
Plaintiff
vs
MILES ROSS MCCREA Defendant
Case No. 02811 FECR012534
Summons or Citation
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:FALSE REPORT TO LAW ENFORCEMENTCONSPIRACY TO COMMIT FRAUDULENT PRACTICESin violation of Section(s) 718.6(1) & 714.10(1) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on04/28/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable ascontempt of court.
/s/ SHELLEY BASS
CLERK OF DISTRICT COURTSAC COUNTY IOWA
Designee
Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).
E-FILED 2014 APR 16 9:33 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, )
)
PLAINTIFF ) Crim No.FECR012534
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
MILES ROSS MCCREA )
)
DEFENDANT )
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884
Original filed
Copy to: County Attorney
E-FILED 2014 APR 23 9:13 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR Sac
"'"to,"/-" FILED
COUNTY M/,:(,9
STATE OF IOWA or
Plaintiff/Petitioner,
vs
Defendant/Respondent.
X Criminal Civil
NO. F & CR- oil Y
FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: M '. ) WtQktcr BirthDate: / f 2 3 / ?D
Home Phone: 7 l i ~ M ) - 9 * - 1 H Cell Phone: E-mail:
Street Address: H 0 7 Street/P .0. Box
5«c Oh Apt# Ci ty / " State Zip
Pending charges: C t * P fifl # 0 - 1 / T ° CejHJff r f P V 4 H 4 ~ In Jail? • Yes CLNe
Do you have ajob? • No Job Q-YgsTFull Time • Yes, Part Time (List Hours/week: )
Who do you work for? Ez-V a JO t O
How much money do you currently make before taxes or deductions? \^ 73fc> Oti per • hour^J^month • year
How much money have you made in the last 12 months from any source, before taxes or deductions? [, 000. Q CJ
How many family members are supported by or live with you?
If a spouse lives with you, how much money does your spouse make? /V /4~ per • hour • month • year
List all other money you, or anyone else living in your household, has coming in: ~ Q ^
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: 1** 7 J^ey I t i n i * S g*
List amounts you Day monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
^ j \ - * M c " ^ ^ F n n r J c~ p*y r
n CJ
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit. I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me.
Date V / 3 3 A*f Signature
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, PLAINTIFF, VS. MILES ROSS MCCREA , DEFENDANT.
02811 FECR012534
ORDER RE:
APPLICATION FOR APPOINTMENTOF 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 Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.
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E-FILED 2014 APR 23 4:05 PM SAC - CLERK OF DISTRICT COURT
State of Iowa CourtsCase Number Case TitleFECR012534 STATE VS MILES ROSS MCCREAType: ORDER APPOINTING
So Ordered
Electronically signed on 2014-04-23 16:05:41
2 of 2
E-FILED 2014 APR 23 4:05 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. FECR012534 Plaintiff, vs. TRIAL INFORMATIONMILES ROSS MCCREA,DOB: 07/08/1992 Defendant.
COUNT ICOMES 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, Miles Ross McCrea of the crime
of CONSPIRACY TO COMMIT FRAUDULENT PRACTICE IN THE SECOND DEGREE, a Class D
Felony in violation of Iowa Code Sections 714.8(10) and 714.10 committed as follows:
The said Defendant, Miles Ross McCrea, on or about April 3, 2014 in the County of Sac andState of Iowa, did unlawfully and willfully conspire to commit a fraudulent practice in the seconddegree by intentionally damaging a 2003 Chevy Tahoe and reporting to Law Enforcement the vehicleas stolen to collect insurance payment on said vehicle, with said property having a value exceeding$1,000 but not exceeding $10,000.
COUNT IICOMES 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, Miles Ross McCrea of the crime
of FALSE REPORTS TO PUBLIC SAFETY ENTITIES, a Serious Misdemeanor in violation of Iowa
Code Section 718.6(1) committed as follows:
The said Defendant, Miles Ross McCrea, on or about April 3, 2014, in the County of Sac andState of Iowa, did unlawfully and willfully report to the Sac City Police Department the allegedoccurrence of a criminal act knowing the act did not occur, and the act reported was a serious oraggravated misdemeanor; or a felony.
A TRUE INFORMATION
Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9, Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
E-FILED 2014 MAY 06 2:17 PM SAC - CLERK OF DISTRICT COURT
2
THE STATE OF IOWA vs. MILES ROSS MCCREACriminal No. FECR012534COUNT I: Fraudulent Practice in the Second DegreeCOUNT II: False Reports to Public Safety Entities
NAMES OF WITNESSES:
MARK JANSMA, OFFICER, SAC CITY POLICE DEPARTMENT
JOHN THOMSEN, CHIEF OF POLICE, SAC CITY POLICE DEPARTMENT
KEVIN FREDERICK, KEVIN’S PAINT AND BODY, TOW SERVICE-AUTO BODY REPAIR
LOGAN RIEDELL, OCCUPATION UNKNOWN
TABITHA MCCREA, OCCUPATION UNKNOWN
E-FILED 2014 MAY 06 2:17 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case TitleFECR012534 STATE VS MILES ROSS MCCREA
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 2014-05-06 14:17:52 page 3 of 3
E-FILED 2014 MAY 06 2:17 PM SAC - CLERK OF DISTRICT COURT
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs MILES ROSS MCCREA , Defendant.
Case No: 02811 FECR012534 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 05/21/2014 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
E-FILED 2014 MAY 06 2:17 PM SAC - CLERK OF DISTRICT COURT