FECR012703 - Ida Grove man pleads guilty to Possession of Burglar Tools.pdf
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Transcript of FECR012703 - Ida Grove man pleads guilty to Possession of Burglar Tools.pdf
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8/9/2019 FECR012703 - Ida Grove man pleads guilty to Possession of Burglar Tools.pdf
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8/9/2019 FECR012703 - Ida Grove man pleads guilty to Possession of Burglar Tools.pdf
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SAC COUNTY
2014-12857 Agency Case Number:
11/21/2014 Arrest Date:
THE STATE OF IOWA
VS.
IN THE IOWA DISTRICT COURT IN AND FOR
This Complaint and Affidavit is to be:
Filed with Court Clerk (cc: CA)
Submitted to County Attorney
Filed with JCO - Defendant is a Juvenile
EUCHNER
Last
ESLEY
First
ARCHIE
Middle Suffix
504 COURT ST
Address
IDA GROVE
City
IA
State
51445-0000
Zip Code
12/11/1994
Date of Birth
MALE
Gender
HITE - W
Race
NOT OF HISPANIC ORIGIN - N
Ethnicity
IA
State
6' 01"
Height Weight
BROWN - BRO
Eye Color
BROWN - BRO
Hair Color
OFFENDER
State Local
713.6A(1)
Code Section
BURGLARY 3RD DEGREE
Crime Description
FELD
Class
28 - FARM BUILDINGLocation Type
STATE 175/330TH ST
Literal Description
1821 330TH STREET
Address
ODEBOLT
City
IA
State
51458
Zip Code
YES
Is Date and Time of Incident Known?
11/21/2014
Incident Date or Low Range Upper Date Range
00:22
Incident Time or Low Range Upper T ime Range
OFFENSE
TAKEN INTO CUSTODY
1 - JAILED
CUSTODY
(Citation Issued)
SUMMONS TO APPEAR
WARRANT REQUESTED
REQUESTED
NO CONTACT ORDER RELEASED TO
PARENT/GUARDIAN
STATUS OF OFFENDER/JUVENILE
commit burglary in the third degree upon the property of 1821 330th street odebolt, iowa
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
commit burglary in the third degree upon the property of 1821 330th street odebolt, iowa
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime
STATE OF IOWA,
AFFIDAVIT
State all facts and persons relied upon supporting elements of alleged crime
On 112114, Ida County advised that they had information that a burglary may be occuring at 1821 330th Street. Deputy Cudaback was on routinepatrol headed north on Jackson Ave when he found a silver 2005 Chevy Cobalt bearing Iowa license plate BCS203 sitting int he middle of the road withits lights off. A male subject later identified as the defendant in this case was standing outside the car. defendant told Cudaback that he was out drivingaround and felt a wobble in his front tire. Deputy Cudaback shined his flash light in the back seat and saw that it was full of tools. While conducting apat down search of the defendant, Deputy Cudaback found a padlock in the defendants pocket that had been cut. Defendant admits that he and twoothers went in to a farm place near Odebolt and described the location as being on the north side of the road and that it had heavy equipment parked onthe property. Defendant admits to going inside a building and taking the tools that were in his car. The owner was contacted and it was confirmed thata burglary had occurred.
On 112114, Ida County advised that they had information that a burglary may be occuring at 1821 330th Street. Deputy Cudaback was on routinepatrol headed north on Jackson Ave when he found a silver 2005 Chevy Cobalt bearing Iowa license plate BCS203 sitting int he middle of the road withits lights off. A male subject later identified as the defendant in this case was standing outside the car. defendant told Cudaback that he was out drivingaround and felt a wobble in his front tire. Deputy Cudaback shined his flash light in the back seat and saw that it was full of tools. While conducting apat down search of the defendant, Deputy Cudaback found a padlock in the defendants pocket that had been cut. Defendant admits that he and twoothers went in to a farm place near Odebolt and described the location as being on the north side of the road and that it had heavy equipment parked onthe property. Defendant admits to going inside a building and taking the tools that were in his car. The owner was contacted and it was confirmed thata burglary had occurred.
MCCLURE, KEN 81-1
Signature of Complainant or Officer, Officer Name & Number
of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 2014-128571 211/21/2014 11:53 AM
E-FILED 2014 NOV 21 11:45 AM SAC - CLERK OF DISTRICT COURT
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03 - ADMISSION/STATEMENTS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION
Defendant Implicated
Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury
GENERAL PROBABLE CAUSE
SAC COUNTY
11/21/2014
SCOTT E BROUWERNotary Name Signature of Verifying Party
197900Commission Number
08/13/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary
STATE OF IOWA,
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 2014-128572 211/21/2014 11:53 AM 2 211/21/2014 11:53 AM
E-FILED 2014 NOV 21 11:45 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,
vs.
WESLEY ARCHIE EUCHNER , Defendant. Defendant's Correct Address: 405 Main St., IdaGrove, IA 51445
Case No: 02811 FECR012703
INITIAL APPEARANCE
Charges:01 - 713.6A(1) - BURGLARY 3RD DEGREETheft 2nd degree; possession of burglary tools and driving while suspended
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 2 class Ds
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
5 years on the class Ds and 2 years of the aggravated Years Prison
And/Or $Fines of not less than $750 nor greater than $7,500 on each of the class Ds andnot less than $625 nor greater than $6,250 on the aggravated and a fine of not less than $250 norgreater than $625 and up to 30 days in jail on the driving while suspended.
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E-FILED 2014 NOV 21 1:13 PM SAC - CLERK OF DISTRICT COURT
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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:You must post a cash or surety bond in the amount of $12,300. If released you must not use anyalcohol or illegal drugs and you must obey all laws of Iowa and the United States.
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. Priorto 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 hearing
is:
Waived
Preliminary Hearing is scheduled on 12/01/2014 at 10:30 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 at712-662-4791 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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E-FILED 2014 NOV 21 1:13 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-11-21 13:13:22
3 of 3
E-FILED 2014 NOV 21 1:13 PM SAC - CLERK OF DISTRICT COURT
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SAC COUNTY
2014-12857 Agency Case Number:
11/21/2014 Arrest Date:
THE STATE OF IOWA
VS.
IN THE IOWA DISTRICT COURT IN AND FOR
This Complaint and Affidavit is to be:
Filed with Court Clerk (cc: CA)
Submitted to County Attorney
Filed with JCO - Defendant is a Juvenile
EUCHNER
Last
ESLEY
First
ARCHIE
Middle Suffix
504 COURT STREET
Address
IDA GROVE
City
IA
State
51445
Zip Code
12/11/1994
Date of Birth
MALE
Gender
HITE - W
Race
NOT OF HISPANIC ORIGIN - N
Ethnicity
State Height Weight
BROWN - BRO
Eye Color
BROWN - BRO
Hair Color
OFFENDER
State Local
713.7
Code Section
POSSESSION OF BURGLARS TOOLS
Crime Description
AGMS
Class
28 - FARM BUILDINGLocation Type
STATE 175/330TH ST
Literal Description
1821 330TH STREET
Address
ODEBOLT
City
IA
State
51458
Zip Code
YES
Is Date and Time of Incident Known?
11/21/2014
Incident Date or Low Range Upper Date Range
00:22
Incident Time or Low Range Upper T ime Range
OFFENSE
TAKEN INTO CUSTODY CUSTODY
(Citation Issued)
SUMMONS TO APPEAR
WARRANT REQUESTED
REQUESTED
NO CONTACT ORDER RELEASED TO
PARENT/GUARDIAN
STATUS OF OFFENDER/JUVENILE
possess burglar tools or any key, tool, instrument, device or explosive, with the intent to use the same in the perpetration of a burglary
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
possess burglar tools or any key, tool, instrument, device or explosive, with the intent to use the same in the perpetration of a burglary
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime
STATE OF IOWA,
AFFIDAVIT
State all facts and persons relied upon supporting elements of alleged crime
112114, a burglary to a building happened at 1821 330th Street in Sac County, Iowa. Defendant was located by deputies about 3 miles from the scene.On contact with the defendant, a cut pad lock was found on his person. In his 2005 Chevy Cobalt car which he was driving, property stolen from theburglary was located along with a pair of blue handled bolt cutters.
112114, a burglary to a building happened at 1821 330th Street in Sac County, Iowa. Defendant was located by deputies about 3 miles from the scene.On contact with the defendant, a cut pad lock was found on his person. In his 2005 Chevy Cobalt car which he was driving, property stolen from theburglary was located along with a pair of blue handled bolt cutters.
MCCLURE, KEN 81-1
Signature of Complainant or Officer, Officer Name & Number
of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 2014-128571 211/21/2014 1:24 PM
E-FILED 2014 NOV 21 1:17 PM SAC - CLERK OF DISTRICT COURT
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8/9/2019 FECR012703 - Ida Grove man pleads guilty to Possession of Burglar Tools.pdf
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03 - ADMISSION/STATEMENTS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION
Defendant Implicated
Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury
GENERAL PROBABLE CAUSE
SAC COUNTY
11/21/2014
SCOTT E BROUWERNotary Name Signature of Verifying Party
197900Commission Number
08/13/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary
STATE OF IOWA,
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 2014-128572 211/21/2014 1:24 PM 2 211/21/2014 1:24 PM
E-FILED 2014 NOV 21 1:17 PM SAC - CLERK OF DISTRICT COURT
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SAC COUNTY
2014-12857 Agency Case Number:
11/21/2014 Arrest Date:
THE STATE OF IOWA
VS.
IN THE IOWA DISTRICT COURT IN AND FOR
This Complaint and Affidavit is to be:
Filed with Court Clerk (cc: CA)
Submitted to County Attorney
Filed with JCO - Defendant is a Juvenile
EUCHNER
Last
ESLEY
First
ARCHIE
Middle Suffix
504 COURT STREET
Address
IDA GROVE
City
IA
State
51445
Zip Code
12/11/1994
Date of Birth
MALE
Gender
HITE - W
Race
NOT OF HISPANIC ORIGIN - N
Ethnicity
State Height Weight
BROWN - BRO
Eye Color
BROWN - BRO
Hair Color
OFFENDER
State Local
714.2(2)
Code Section
THEFT 2ND DEGREE
Crime Description
FELD
Class
28 - FARM BUILDINGLocation Type
STATE 175/330TH ST
Literal Description
1821 330TH STREET
Address
ODEBOLT
City
IA
State
51458
Zip Code
YES
Is Date and Time of Incident Known?
11/21/2014
Incident Date or Low Range Upper Date Range
00:22
Incident Time or Low Range Upper Time Range
OFFENSE
TAKEN INTO CUSTODY CUSTODY
(Citation Issued)
SUMMONS TO APPEAR
WARRANT REQUESTED
REQUESTED
NO CONTACT ORDER RELEASED TO
PARENT/GUARDIAN
STATUS OF OFFENDER/JUVENILE
take possession or control of the property of another; the property having a value in excess of $1,000 but not exceeding $10,000, with the intent todeprive the other thereof
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
take possession or control of the property of another; the property having a value in excess of $1,000 but not exceeding $10,000, with the intent todeprive the other thereof
On or about the above stated date and time, the Defendant did
Narrative of Offense Committed
NARRATIVE
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime
STATE OF IOWA,
AFFIDAVIT
State all facts and persons relied upon supporting elements of alleged crime
A burglary to a building occurred at 1821 330th Street in Sac County, , Iowa. Defendant was located several miles from the scene. When contacted bylaw enforcement, defendant admitted that he was one of three responsible for the burglary and that the property in his car was the property they hadstolen. The property stolen was tools, batteries and other miscellaneous items. The items have a value of over $1000.00 but believed to be less than$10,000.00.
A burglary to a building occurred at 1821 330th Street in Sac County, , Iowa. Defendant was located several miles from the scene. When contacted bylaw enforcement, defendant admitted that he was one of three responsible for the burglary and that the property in his car was the property they hadstolen. The property stolen was tools, batteries and other miscellaneous items. The items have a value of over $1000.00 but believed to be less than$10,000.00.
MCCLURE, KEN 81-1
Signature of Complainant or Officer, Officer Name & Number
of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 2014-128571 211/21/2014 1:25 PM
E-FILED 2014 NOV 21 1:18 PM SAC - CLERK OF DISTRICT COURT
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03 - ADMISSION/STATEMENTS, 04 - CAUSED PROPERTY DAMAGE, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION
Defendant Implicated
Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury
GENERAL PROBABLE CAUSE
SAC COUNTY
11/21/2014SCOTT E BROUWERNotary Name Signature of Verifying Party
197900Commission Number
08/13/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary
STATE OF IOWA,
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 2014-128572 211/21/2014 1:25 PM 2 211/21/2014 1:25 PM
E-FILED 2014 NOV 21 1:18 PM SAC - CLERK OF DISTRICT COURT
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IN T H E I O W A DISTRICT
C OU R T
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DISTRICT CGUKi 0I
:
IOWA
SAC COUNTY
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In
support of
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appointment of
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penalty o f perjury
the
undersigned states:
Name: U Birth Date: } "2 - II - •/ R f i
Home Phone: f
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF, VS. WESLEY ARCHIE EUCHNER ,
DEFENDANT.
02811 FECR012703
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 James A. Schall (712) 291-6807, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.
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E-FILED 2014 NOV 24 9:17 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: ORDER APPOINTING
So Ordered
Electronically signed on 2014-11-24 09:16:40
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E-FILED 2014 NOV 24 9:17 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS WESLEY ARCHIE EUCHNER
Defendant
02811 FECR012703
ORDER
Defendant through his father has requested that a new attorney be appointed. The court appointsMark J. Rasmussen (515) 386-3399.
1 of 2
E-FILED 2014 NOV 26 1:27 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: OTHER ORDER
So Ordered
Electronically signed on 2014-11-26 13:27:22
2 of 2
E-FILED 2014 NOV 26 1:27 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 NOV 26 3:46 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 NOV 26 3:46 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 NOV 26 3:46 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 NOV 26 3:46 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS
WESLEY ARCHIE EUCHNER
Defendant
02811 FECR012703
ORDER
Defendant's motion for bond review is set for hearing on December 1, 2014 at 10:30 a.m.
1 of 2
E-FILED 2014 NOV 26 11:03 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: OTHER ORDER
So Ordered
Electronically signed on 2014-11-26 23:03:01
2 of 2
E-FILED 2014 NOV 26 11:03 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 DEC 01 8:45 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. FECR012703
Plaintiff,
vs. TRIAL INFORMATION
WESLEY ARCHIE EUCHNER,DOB: 12/11/1994 Defendant.
COUNT I
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, Wesley Archie Euchner
of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa
Code Sections 713.1 and 713.6A committed as follows:
The said Defendant, Wesley Archie Euchner, on or about November 21, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree
upon the property of 1821 330th Street Odebolt Iowa.
COUNT II
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, Wesley Archie
Euchner of the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of
Iowa Code Sections 714.1(1) and 714.2(2) committed as follows:
The said Defendant, Wesley Archie Euchner, on or about November 21, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully take possession or control of the
property of another; the property having a value in excess of $1,000 but not exceeding $10,000,
with the intent to deprive the other thereof.
E-FILED 2014 DEC 01 9:50 AM SAC - CLERK OF DISTRICT COURT
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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, Wesley Archie
Euchner of the crime of POSSESSION OF BURGLAR TOOLS, an Aggravated Misdemeanor in
violation of Iowa Code Section 713.7 committed as follows:
The said Defendant, Wesley Archie Euchner, on or about November 21, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully possess burglar tools or any key,
tool, instrument, device or explosive, with the intent to use the same in the perpetration of a
burglary.
A TRUE INFORMATION
Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123
Email: [email protected]
E-FILED 2014 DEC 01 9:50 AM SAC - CLERK OF DISTRICT COURT
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THE STATE OF IOWA vs. WESLEY ARCHIE EUCHNER
Criminal No. FECR012703
COUNT I: Burglary in the Third DegreeCOUNT II: Theft in the Second Degree
COUNT III: Possession of Burglar Tools
NAMES OF WITNESSES:
KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOHN MEISTER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
ROBERT MCMILLEN, DEPUTY, IDA COUNTY SHERIFF’S DEPARTMENT
LEVI THIES, OCCUPATION UNKNOWN
BRYAN RIEDELL, OCCUPATION UNKNOWN
CONNOR JAMES HEMER, OCCUPATION UNKNOWN
JAMES ANTHONEY TINGLE, OCCUPATION UNKNOWN
E-FILED 2014 DEC 01 9:50 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
FECR012703 STATE OF IOWA VS EUCHNER, WESLEY A
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 2014-12-01 09:51:25 page 4 of 4
E-FILED 2014 DEC 01 9:50 AM SAC - CLERK OF DISTRICT COURT
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
WESLEY ARCHIE EUCHNER ,
Defendant.
Case No: 02811 FECR012703
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 isscheduled on 12/17/2014 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 shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
FECR012703 STATE OF IOWA VS EUCHNER, WESLEY A
So Ordered
Electronically signed on 2014-12-01 09:51:26 page 2 of 2
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS WESLEY ARCHIE EUCHNER
Defendant
02811 FECR012703
ORDER
The application to withdraw filed in this matter by attorney James A. Schall is granted.
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E-FILED 2014 DEC 01 10:17 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: OTHER ORDER
So Ordered
Electronically signed on 2014-12-01 10:16:29
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
WESLEY A. EUCHNER,
Defendant.
Case No. FECR!"#$
ORDER
NOW, on t%is !st da& of De'e()e*, "!+, t%e 'o*t is info*(ed t%at t%e -a*ties
%ave *ea'%ed an a*ee(ent to *elease t%e Defendant on %is o/n *e'oni0an'e.IT IS THEREFORE ORDERED t%at -endin t*ial, Defendant is *eleased on %is
o/n *e'oni0an'e.
Cle*1 to f*nis% 'o-ies to2Sa' Cont& Atto*ne&Defense Consel
E-FILED 2014 DEC 01 10:23 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
FECR012703 STATE OF IOWA VS EUCHNER, WESLEY A
So Ordered
Electronically signed on 2014-12-01 10:23:11 page 2 of 2
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E-FILED 2014 DEC 17 10:38 AM SAC - CLERK OF DISTRICT COURT
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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
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-12-17 10:47:42
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
WESLEY ARCHIE EUCHNER,
Defendant.
Case No. FECR012703
REPORT OF PRETRIALCONFERENCE
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 21, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Mark Rasmussen. The parties,through the undersigned, represent the following to the Court:
1. A plea agreement has been reached the terms of which are as
follows: the defendant has agreed to plead to Count 3, pay any restitution and
all costs, and fees, etc., obtain a substance abuse evaluation and follow all
recommendations made therefrom, and testify truthfully in conformity with
statements defendant made to law enforcement. In consideration, the State has
agreed to recommend the following to the Court: 1) that defendant receive adeferred judgment; 2) that Count 1 and 2 be dismissed without prejudice; and 3)
that defendant be placed on informal probation with the Sac County Probation
Office for a period of two years.
2. Defendant intends to submit a written guilty plea by February 4,
2015. Defendant intends to waive presence at sentencing. Defendant intends to
waive time between plea and sentencing.
E-FILED 2015 JAN 21 4:15 PM SAC - CLERK OF DISTRICT COURT
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__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: [email protected]
E-FILED 2015 JAN 21 4:15 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff, vs.
WESLEY ARCHIE EUCHNER ,
Defendant.
02811 FECR012703
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 02/04/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.
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E-FILED 2015 JAN 22 10:20 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: OTHER ORDER
So Ordered
Electronically signed on 2015-01-22 10:20:12
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E-FILED 2015 JAN 22 10:20 AM SAC - CLERK OF DISTRICT COURT
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Date: 1/28/2015
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
No. FECR012703
vs.
EUCHNER, WESLEY A
Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE
OF 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) forexpanded media coverage as aforesaid.
Signature__/S/ Jesse Helling_______________________
Date___1/28/2015_____________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529
E-FILED 2015 JAN 28 11:00 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleFECR012703 STATE OF IOWA VS EUCHNER, WESLEY AType: OTHER ORDER
So Ordered
Electronically signed on 2015-01-28 11:16:57
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E-FILED 2015 JAN 28 11:17 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 FEB 04 9:40 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 FEB 04 9:40 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 FEB 04 9:40 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 FEB 04 9:40 AM SAC - CLERK OF DISTRICT COURT
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1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
WESLEY A. EUCHNER,
Defendant.
FECR01!0"
RECORD OF PLEA OF GUILTY ANDDEFERRED JUDGMENT ORDER
DATE: Fe#$%a$& ', 01(
CHARGE: C)%nt III* P)++e++i)n )f %$-la$ T))l+, an a--$avatedi+deean)$, in vi)lati)n )f I)/a C)de !1".!
Defendant a+ filed a /$itten -%ilt& 2lea and a /aive$ )f Defendant3+ $i-t t) #e2$e+ent f)$ +enten4in-. Defendant a+5+ tat te 2lea t) te a#)ve 4a$-e #e a44e2tedand tat +enten4e #e i2)+ed 2%$+%ant t) te 2lea a$$an-eent a-$eed %2)n #& te2a$tie+ /it)%t te f)$alit& )f te $e4)$d $e6%i$ed #& R%le+ .7 and .10 )f te I)/aR%le+ )f C$iinal P$)4ed%$e.
Te C)%$t e$e#& inf)$+ Defendant tat Defendant3+ 2lea )f -%ilt& t) tea#)ve8$efe$en4ed 4a$-e i+ a44e2ted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1. Defendant i+ -$anted a defe$$ed 9%d-ent 2%$+%ant t) I)/a C)deSe4ti)n+ :01.( and :0!.".
. Defendant +all 2a& all )f te f)ll)/in- finan4ial )#li-ati)n+*a. a 4ivil 2enalt& )f ;
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2
e. te 4)%$t 4)+t+ )f ti+ a4ti)n=
Defendant +all 2a& all finan4ial )#li-ati)n+ )/ed t) te Cle$5 )fC)%$t )f ti+ 4)%nt& )$ )nline at ///.i)/a4)%$t+.-)v. Defendant+all 2a& te #alan4e d%e #& /a& )f a 2lan )f 2a&ent devel)2ed
#& i+ 2$)#ati)n )ffi4e$= and
". Defendant i+ 2la4ed )n 2$)#ati)n %nde$ te f)ll)/in- te$+ and4)nditi)n+*
a. Defendant i+ 2la4ed )n inf)$al 2$)#ati)n t) te Sa4 C)%nt&P$)#ati)n Offi4e ?@te P$)#ati)n S%2e$vi+)$B f)$ a 2e$i)d )f t/) ?B&ea$+ f$) te date )f filin- )f ti+ O$de$=
#. Defendant +all f)ll)/ all te$+ and 4)nditi)n+ i2)+ed #& teP$)#ati)n S%2e$vi+)$ tat te P$)#ati)n S%2e$vi+)$ dee+a22$)2$iate. In additi)n t) an& te$+ and 4)nditi)n+ i2)+ed #&te P$)#ati)n S%2e$vi+)$, te C)%$t +2e4ifi4all& i2)+e+ all )f tef)ll)/in- additi)nal te$+ and 4)nditi)n+*
?1B Defendant +all a5e in82e$+)n 4)nta4t /it te P$)#ati)nS%2e$vi+)$ /itin +even ?!B da&+ )f te filin- )f ti+ O$de$ t)+i-n %2 f)$ 2$)#ati)n and +i-n an& 2$)#ati)n +%2e$vi+i)na-$eeent $e6%e+ted #& te P$)#ati)n S%2e$vi+)$.Telephone contact ! not !"##cent=
?B Defendant +all )#e& all la/+=
?"B If Defendant #e4)e+ eli-i#le f)$ $ein+tateent )fDefendant3+ d$ive$3+ li4en+e d%$in- te te$ )f 2$)#ati)n,Defendant +all ta5e all +te2+ ne4e++a$& t) )#tain a validd$ive$3+ li4en+e a+ +))n a+ Defendant i+ eli-i#le=
?'B Defendant +all #e e2l)&ed f%ll8tie, attendin- +4))l f%ll8tie, )$ en-a-ed in a f%ll8tie 4)#inati)n )f e2l)&entand +4))l attendan4e d%$in- te 2e$i)d )f 2$)#ati)n=
?(B Defendant i+ 2$)i#ited f$) 4)n+%in- )$ 2)++e++in-al4))l )$ an& ille-al d$%- )$ an& d$%- f)$ /i4 Defendantd)e+ n)t ave a valid 2$e+4$i2ti)n. In additi)n, Defendant i+2$)i#ited f$) #ein- at an& l)4ati)n /e$e al4))l )$ ille-ald$%-+ a$e 2$e+ent, $e-a$dle++ )f /ete$ Defendant i+a4t%all& in 2)++e++i)n )f )$ 4)n+%in- +%4 al4))l )$ ille-ald$%-+. Ti+ 2$)i#iti)n d)e+ n)t 2$)i#it Defendant f$)
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3
#ein- at a 2%#li4 l)4ati)n ?e.-., $e+ta%$antB /e$e al4))l i++e$ved, +) l)n- a+ te 2$ia$& 2%$2)+e )f te e+ta#li+enti+ n)t te +e$vin- )f al4))l and Defendant i+ n)t 4)n+%in-)$ in 2)++e++i)n )f al4))l at tat l)4ati)n=
?
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4
Defen+e C)%n+elP$)#ati)n S%2e$vi+)$
E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
FECR012703 STATE OF IOWA VS EUCHNER, WESLEY A
So Ordered
Electronically signed on 2015-02-04 15:51:46 page 5 of 5
E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 FEB 11 12:02 PM SAC - CLERK OF DISTRICT COURT