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

    2 of 3

    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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    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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    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. 

    1 of 2

    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

    2 of 2

    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

    mailto:[email protected]:[email protected]

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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

    E-FILED 2014 DEC 01 9:50 AM SAC - CLERK OF DISTRICT COURT

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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

    E-FILED 2014 DEC 01 9:50 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

     

    The application to withdraw filed in this matter by attorney James A. Schall is granted. 

    1 of 2

    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

    2 of 2

    E-FILED 2014 DEC 01 10:17 AM SAC - CLERK OF DISTRICT COURT

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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

    E-FILED 2014 DEC 01 10:23 AM SAC - CLERK OF DISTRICT COURT

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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

    2 of 3

    E-FILED 2014 DEC 17 10:48 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 SETTING TRIAL

    So Ordered

    Electronically signed on 2014-12-17 10:47:42

    3 of 3

    E-FILED 2014 DEC 17 10:48 AM SAC - CLERK OF DISTRICT COURT

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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.

    1 of 2

    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

    2 of 2

    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

    2 of 2

    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$)i#it Defendant f$)

    E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT

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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