Sac City Man Convicted of Harassment in the Third Degree

8/13/2019 Sac City Man Convicted of Harassment in the Third Degree

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E-FILED 2013 AUG 25 4:39 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs. TODD ANDREW BACHMAN , Defendant.

Case No: 02811 FECR012408

INITIAL APPEARANCE

Charges:01 - 708.11(3)(b)(1) - STALKING - VIOLATION OF PROTECTIVE ORDER

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 D 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 Prison And/Or $750.00 to $7,500.00 fine plus 35% surcharge and court costs

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.

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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 only bond of $5,000.00. If released you must obey the no contact order

previously issued. In not, then you will not be released from custody in the future but will be heldpending trial.

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 hearingis: Waived Preliminary Hearing is scheduled on 09/16/2013 at 10:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

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

WITHIN 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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State of Iowa Courts

Case Number Case TitleFECR012408 STATE VS TODD ANDREW BACHMAN

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-08-26 12:42:01

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EN THE IOWA DISTRICT COURT FOR Sac

DISTRICT CUURI UF ICV ASA C COUNTY

FILED

2 13 AUG 6 PH 2- 3kCOUNTY

STATE OF IOWA orPlaintiff/Petitioner,

vs.

Defendant/Respondent.

CriminalCivil

No.

FINANCIAL AFFIDAVIT/APPLICATIONFOR APPOINTMENT OF COUNSEL

In support ofmy application for appointment of counsel and under penalty of perjury, the undersigned states:

_Name: ' f i l j ^ 4 ^ . ^ Birth Date: 3 I f / / f t /

Home Phone: Cell Phone: It 1 ^ L b - Q l C R E-mail:.

Street Address: ytZ SV fj.(k\\s Si eQh W< * f a f t f* Sfreet/PTO. Bo x Apt City ' ' State Zip

Pending charges:

Do you have a job? No Job Yes, Full Time

Apt City ' ' State Zip

' In Jail? S^Yes No

Yes, Part Time (List Hours/week: f\ A f y I 7< .0flS ftu it.K L * C r < l f f < , - e O < t y t V , ^ U *\ /


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. TODD ANDREW BACHMAN ,

DEFENDANT.

02811 FECR012408

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 Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 AUG 27 9:53 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 AUG 27 11:31 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR DICKINSON COUNTY

THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.FECR012408)

Vs. ) Appearance and Waiver of) Preliminary Hear

TODD ANDREW BACHMAN ))

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, 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 preliminaryhearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C421 Main St., PO Box 392Sac City, IA 50583Phone: (712) 662-4715Fax: (712) 662-4884

Original filedCopy to: County Attorney



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THE STATE OF IOWA, )Plaintiff ) FECR012408

)

Vs. ) APPLICATION FOR RELEASE OF) BONDTODD ANDREW BACHMANDefendant

______________________

COMES NOW Charles A. Schulte and on behalf of the defendant applies to thecourt for release of the cash bond previously posted and for an order releasing thedefendant on his promise to appear in lieu of bond.

In support of his motion, the defendant states that he is a long time resident of SacCounty; that he has worked for AG Partners in Fonda for over two years and that all ofhis family live in Sac County or in close proximity.

The $5,000.00 bond was posted by the defenda nts father, Ed Bachman and should bereturned to him.

Respectfully submitted,

/S/ Charles A. Schulte AT0007137

SCHULTE LAW FIRM L C421 Main St., P.O. Box 394Sac City, IA 50583(712) 662-4715FAX: (712 662-4884

E-FILED 2013 SEP 06 2:10 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,

Plaintiff, v. TODD ANDREW BACHMAN ,

Defendant.

02811 FECR012408

ORDER

Defendant has filed a motion for release of his bond. The state shall file a resistance to such motionby September 13, 2013 or the motion will be sustained.

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E-FILED 2013 SEP 09 10:18 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER

So Ordered


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THE STATE OF IOWA, )Plaintiff ) FECR012408

) ORDER

Vs. )TODD ANDREW ACH!AN )D"f"n#ant

$$$$$$$$$$$$$$$$$$$$$$

%&'n a&&li(ati'n 'f t " #"f"n#ant an# *it n' +"sistan(" f+' t " stat", t " C'-+tO+#"+s T " #"f"n#ant s all ('ntin-" t' /" +"l"as"# f+' (-st'# 'n is &+' is" t'a&&"a+ at all f-t-+" C'-+t &+'(""#in s. T " (as /'n# &+" i'-sl &'st"# s all /" +"t-+n"#t' E# a( an. 421 S. Cla+3 St., A&t 10 , Ca++'ll, IA 51401.



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Type: OTHER ORDER


So Ordered

Electronically signed on 2013-09-20 10:35:44 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012408 Plaintiff,

vs. TRIAL INFORMATIONTODD ANDREW BACHMAN ,DOB: 03/09/1961 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,

Todd Andrew Bachman of the crime of STALKING , a Class D Felony in violation of

Iowa Code Section 708.11(2) and 708.11(3)(b)(1) committed as follows:

The said Defendant, Todd Andrew Bachman, on or about August 25, 2013, in

the County of Sac and State of Iowa, did unlawfully and willfully stalk S.T., in violation of

a criminal or civil protective order or injunction, or any other court order by purposefully

engaging in course of conduct directed at a specific person that would cause a

reasonable person to fear bodily injury to, or death of that specific person or member of

that specific person's family.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
mailto:[email protected]:[email protected]


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Type: Approval of Trial Information


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

Release conditions are set by separate Order of the Court.

So Ordered




18/52

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

Plaintiff,

VS.

TODD ANDREW BACHMAN,Defendant.

CRIMINAL NO. FECR0 !"0#

ORDER SET ARRAI$NMENT AND APPROVE %OND

T&e TRIAL INFORMATION and t&e MINUTES OF EVIDENCE in t&i' (atte)

&a*e +een e a(ined and f- nd t- /-ntain ' ffi/ient e*iden/e, if ne lained, t- 1a))anta /-n*i/ti-n in a t)ial +2 3 )2, t&e)ef-)e, t&i' (atte) '&all +e 'et f-) A))ai4n(ent.

IT IS ORDERED, t&e Defendant '&all e)'-nall2 a ea) f-) Arraignment at t&eSa/ C- nt2 C- )t&- 'e, Di't)i/t C- )t)--(, Sa/ Cit2, I-1a -n t&e 8 th da2 -f Oct !er"#$% at &'## a(m( .

T&e Defendant i' ad*i'ed t&at fail )e t- a ea) 1ill )e' lt in t&e i'' an/e -f ana))e't 1a))ant.

IT IS FURTHER ORDERED, t&e Defendant5' +-nd and /-nditi-n' f-) )elea'ef)-( / 't-d2 in t&i' (atte) '&all +e6

Defendant i' )elea'ed -n e)'-nal )e/-4ni7an/e.%-nd i' 'et in t&e a(- nt -f 89999999999999999.%-nd (a2 +e n'e/ )ed.%-nd ( 't +e /a'& -) 'e/ )ed in t&e a(- nt -f t&e %-nd.

0: /a'& (a2 +e -'ted.B n) *re+i -./ -et -ha.. c ntin e(Cle); -f C- )t '&all i'' e a ' ((-n' f-) Defendant t- A ea).Cle); -f C- )t '&all i'' e an a))e't 1a))ant.Other C n)iti n- 0 Re.ea-e'

De0en)ant -ha.. !e/ a.. Fe)era., State, an) L ca. .a1-(

The N C ntact Or)er *re+i -./ i-- e) in Sac C nt/ Di-trict C rt2Magi-trate Di+i-i n3, ca-e 4SMCR#$"%$" -ha.. a.- !e in 0 .. 0 rcean) e00ect in the a! +e entit.e) matter(

T&e Defendant '&all +e -n )e


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Type: ORDER FOR ARRAIGNMENT


So Ordered



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IN THE IOWA DISRICT COURT FOR SAC COUNTY

STATE OF OWA. CRIMINAI,NO I-ECROI 408

WRI'I]'ENARRAICiNMENT,

PLEA OF NOl GUILTY

DateTrial nformation lled:

Vs.

TODD ANDREW BACHMAN

Def-endant

COMES NOW the Defendant n the abovc-captioned riminal case and under oath states:

l. I am represented y Attorne,v harles A. Schulte, 'hose ddress nd phone number arczl21Main St . . PO Box 392. Sac Cit ) . IA. 505831(712) 62-1715.

2. My current mailing and esidence ddress nd phone number are 215 S. 3'd 51 SacC i t y. A 5 0 5 8 3 . M y p h o n c n u m b e r i s : 7 1 2 ) 6 6 0 - 0 1 6 8 . . v d a t e o f b i r t h i s 0 3 - 0 9 - 1 9 6 1 .I can ead and undcrstand he English anguage nd have completed he following evelof education: 2 Years.

4. I have beer.r dvised bl rny attorney and understand hat I have a right to arraignmentin open Cour1. nd voluntarily waive hat ight. choosing nstead o sign his WrittenArraignment nd Plea of Not Guilty. I understand hat imes br further proceedingswhich are computed rom the date of arraignrnent will be computed iom the datc offiling this Written Arraignment nd Plea of Not Guilty.

5. I have eceived copy of the Trial Information which charges me r'vith he crime ofCOUNT I: STALKING in violation of Iowa Code Section 708'11(3xb)(l).

6. With regard o the name b.vu'hich am charged n the Trial Information either check a or check n{ complete b ) :

././

t lS{. lne name orl the Trial L.rformations my true name. I havc been advisedand undeistand hat I am 16q' plecluded rom objecting o thc Trial Infbrmation upon theground hat I an.r mproperly named.

( )b. The name shown on the Trial Information s not my truc name Mv true

name s. I request hat an entry be made n the minutes howing my true name. I havebcen advised nd understand urther proceedings villbe had against me by that name.

the Trial lnlbrmation vill be amended ccordingly. nd when he 'rial Information s so

amended, ivill bo precluded rom ob.iecting pon he grounds am rnpropcrly amed

7. I have been advised nd understand hat may plead guiltl'. not guilt.v r formerconviction r acquittal.

E-FILED 2013 OCT 07 3:38 PM SAC - CLERK OF DISTRICT COURT


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8. For hc purpose fthis arraignment, have had suflicient ime to discuss my case vithmy attorney. and I waive any furthcr time in n'hich to enter a plea.

9, I plead NOT GUILTY to the charges n paragraph abovc.

10. I have been advised nd understand hathavc a right under Rule 2.33(2Xb) lthe

Iou,u Rules of'Crintinal Procedure o a trial within ninety days/one ear aftcr he iling ofthe Trial Informatior.r nd check either a or b ):

,/t L,(a.I demn,l speedy rial pursuant o Rule

2.33(2)(b) nd c) .

( ) b. I u,aive my right to a speedy rial pursuant o Rule 2.33(2)(b) nd c) .

11. I request hat a trial dale be set pursuant o Rule 8.1 ofthe lowa Rules o.lCriminulProcedttre. M.vattomey and I n'ill be available or trial on the ollowing days: AnyTime.

Original to be filed rvith Clerk of CourtCopy provided to:Sac County AttorneyPO Box 92Sac Citv. IA 50583

E-FILED 2013 OCT 07 3:38 PM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. TODD ANDREW BACHMAN ,

DEFENDANT.

Case No. 02811 FECR012408

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 7, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on November 5, 2013, at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State maydepose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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E-FILED 2013 OCT 08 9:45 AM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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IN THI] ]OWA DISI'RICT COURT FOR SAC COIjNTY

THE STAI'E OF OWA.

Plaintiff.

T ( ) D D A N D R LW B A C H VA \

NO. FECR0l2408

WAIVEROF R]GIITTO

SPEEDY RIAL

Defendant.

Comes ow the defendant. odd Andrew Bachman, nd states s ollows:

1. He realizes hat he has a right by virtue ofthe Constitution l1 he Jnited States 0 aspeedy rial;

2. He realizes .re as a right to a speedy rial by virtuc of Iowa Rule of CriminalProcedure .33(2)(b) 'hich states:

If a defendant ndicted or a public offense as not waived his or herright o a speedy rial, he or she must be brought o trial rvithin ninctldays after ndictment s found or the coufl must order he ndictmentto be dismissed nless ood causc o the contrarY e shown.

He is also aware of the act hat his rule s applicable o a County Attornel''s nfbrmationand hat he ninety day pcriod uns rom the filing date hereo f

3. He further ealizes hat he has a right o a speedy rial under owa Rule of CriminalProcedure .33(2)(b) 'hich states:

All criminal cases must be brought o trial within one year after he dcfendat'sinitial arraignment ursuant o rule 2.8 unless n extension s granted y the court. upon ashowing f good cause.

3. He has been lrlly advised fhis rights o a speedy rial and he ramifications hereofbyhis attorney, ncluding he fact hat he memory of witnesses ade 'ith he passage ftime; hat witnesses ay disappear r become navailable; hat dclay ma.v mpair he

efl-ectiveness fhis defense; hat he community Tay iew him with suspicion uringhc

pendency fthe action hereby affccting his occupational nd social endeavors; hat hewill have o endure rolonged t]xiety and concern nd hat he s or can be subjected oincarceration ending rial. and aking nto account ll of these -actors nd considerations.hc deems t to be n his best nterest o rvaive his specdy rial rights at his ime and he

does herefore ereby vaive hc same oth as o IRCP 2.33(a) nd RCP 2.33(b) and does

consent hat he rial may be postponed ntil such dates s t ma-v e scheduled or trial by

the court. The delendant eserves he right o subsequently ithdraw his r.vaiver po n

written notice thereof o the coufl and thc State of Iou'a



26/52

signc


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STATE OF IOWA,

Plaintiff,

v.

TODD ANDREW BACHMAN,

Defendant.

CASE No. FECR !"# $

ORDER RESCHEDU%IN& PRETRIA%CONFERENCE AND TRIA%

IT IS HEREBY ORDERED t'at t'e P(et(ial Confe(en)e i* (e*)'ed+led toDe)e -e( ", " ! , at /0 a. . at t'e Sa) Co+nt1 Co+(t'o+*e, Sa) Cit1, Io2a,and t'e T(ial i* (e*)'ed+led fo( De)e -e( !3, " ! , at /0 a. ., al*o at t'e Sa)Co+nt1 Co+(t'o+*e.

T'e defendant i* NOTIFIED if 'e fail* to a44ea( -efo(e t'i* Co+(t a* o(de(ed,a 2a((ant a1 i**+e fo( 'i* a((e*t.



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Type: OTHER ORDER


So Ordered




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Type: OTHER ORDER


So Ordered




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2RCR01


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial

conference.

IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00

a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. Pre-trial

conference is scheduled for January 15, 2014 at 11:00 a.m. at the District Associate

Court, Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

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E-FILED 2013 DEC 17 1:40 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleFECR012408 STATE VS TODD ANDREW BACHMANType: OTHER ORDER

So Ordered


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2RCR01


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial

conference.

IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00

a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. Pre-trial

conference is scheduled for January 15, 2014 at 11:00 a.m. at the District Associate

Court, Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

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So Ordered


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E-FILED 2014 JAN 16 3:27 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,


Defendant.

02811 FECR012408

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 either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 02/05/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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 2014 JAN 17 10:25 AM SAC - CLERK OF DISTRICT COURT


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So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, No. FECR012408

Plaintiff,REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIALINFORMATION

TODD ANDREW BACHMAN,Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I: HARASSMENT IN THE THIRD DEGREE, a Simple Misdemeanor inviolation of Iowa Code Sections 708.7(1)(b) and 708.7(4)

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substitutedand amended Trial Information.

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

Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respective

addresses disclosed on the pleadings on January 17, 2014 by: [ ] U.S. Mail [ ] Fax[ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [ x] EDMS

Signature: /s/Norma Hecht



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STATE OF IOWA, CRIMINAL CAUSE NO. FECR012408 Plaintiff,

AMENDED vs. TRIAL INFORMATION

TODD ANDREW BACHMAN ,DOB: 03/09/1961 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, Todd Andrew Bachman

of the crime of HARASSMENT IN THE THIRD DEGREE , a Simple Misdemeanor in violation of

Iowa Code Section 708.7(1)(b) and 708.7(4) committed as follows:

The said Defendant, Todd Andrew Bachman, on or about August 25, 2013, in the

County of Sac and State of Iowa, did unlawfully and willfully have personal contact with Sheila

Toms with the intent to threaten, intimidate, or alarm Sheila Toms.

A TRUE INFORMATION

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



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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs.

TODD ANDREW BACHMAN,

Defendant.

Case N . FECR!"#$!%

ORDER

NOW, n t&is "' t& da( f )an*a+(, #!"$, t&e C *+t is in +e ei-t f t&e State s

M ti n t A/end T+ial Inf +/ati n and A/ended T+ial Inf +/ati n. T&e M ti n t A/end s& *ld 0e 1+anted.

IT IS THEREFORE ORDERED t&at t&e State s M ti n t A/end T+ial

Inf +/ati n is 1+anted.

Cle+2 t f*+nis& -ies t 3Sa C *nt( Att +ne(Defense C *nsel



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Type: OTHER ORDER


So Ordered




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STATI' OF IOWA,Plaintiff,

VS .

TODD ANDREW BACHMAN,DOB: 03/09/1961,

Defendant.

No. FECROl2408

GUILTYPLEA-Amended

COUNTl. the undersigned e|endant, avecarefully ead and ully understand he ollowing:

I arn charged with STAIKING, a Class D Felony, n violationof lowa Code Section

708.11(2) nd Section 08.11(3)(bXl). n conjunction itha Plea greement ade ith heSac

County ttomey whereby e will amend ount to a charge f HARASSEMENT N THE

THIRD DEGREE, a SirnpleMisdemeanor, r violation f lowa code Sections 08.7(l)(b)

and 708.7(4). nou' equest hat my plea of not guiltybe changed o a Plea f Guilty o the

anrendcdchargeofHAR{SSEMENTlNTHETHIRDDEGREE,aSunpleMisdemcanor,h violation f lowa Code Sections 08 7(1)(b) nd708 7(a)

The rnaximum unislment or a Simple Misdemeanor s imprisonment f not morc han hfty

days n ail, ani a fine of not more han $625.00 lus statutory urcharges, lus all court costs

ani all costs nd ees ncuned or legal ssistance. here s a minimum 're of$65.00, which

is rmrnediately ue on the date of sentcncing, nless paynent plan s approved withtn hirty

days of the rrdg,nent ntry date. In addition, f the charge s a violation of lowa code

Chapters ,Zi , t Ss , t , 538,713, 714. '715A,716,r owaCodeSect ions 198"725 1"125

o, il2s.3, here s an additional urcharge f$125. I acknorvledgehat he Court may ordcr

me to perform cornnunity servicework if the court s of the opinion hat communlty ervlce

work will dcter and discourage thers iom sllnrlar crimu.ral ctivity. (The rate at which

community ervice hallbe calculated gaurstmy fine shallbe the federal minimumwage ln

addition, may be require


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E,.

F .

restiry and, at my request, would be entitled to a jury instruction stating that the jury could

not infer guilt from my lailure to testify.(6). At trial. the Statc would have to conflont me with *itnesses upon whose estimony t

relied o obtain conviction, nd would have he right o cross examine hose witnesses.

(7). At trial, I would be entitled toprcsent witnesses o testiry on my behalf and to

conrpulsor l roces \ o secure l t t l se i tnesses .

By pleading urlty, here will not be a trial of any knd. By pleading uilty, waive my light to

trial, and will be treated as fl had been ried and found guilty by a jury'

Thc court, in deterrrrururg whetlier there is a factual basis for this plea of guilty, may make

such a detennination by examining the Mfrures of Testrmony attached to the Trial

lnfbmation, by reviewrng the rnvestigative repofis of law enforcement agents u4ro have

investigated he offense, or by askrng me or counsel o recite and summarize he material acts

that would be offered at trial.Thc Court has the discretion to accept or reject any plea agreernent made between the

State and mysell Theplea agreement s: The county Attorney will amend he charse o

oale.I will comply with the Plan of Palanent 1br court costs, ines, surcharges, nd ary other

financial ees am court ordered o pay. I will pay all amounts rdered by paying $50.00 per month

to the Sac County Clerk of Court with payment o begin on the 5'" dav of the 1p 1h ll \rlfglhsJudsment ntr),date. and shall continue n the 15j bf of each month until paid in IuIl HOWEVER'

I F T H E A B o v E PAY M E N T P L A N D O E S N o T R E S U LT I N T H E T O TA L O B L I G AT I O NBEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE

BALANCE IS DUE AT THAT TIN{E. I understand hat if one Davment s missed. he entire

obligation becomes mmediatelv due.Thit pl"^

"gt"t*nturcludes hat I will be responsible o pay court costs, paynent of all

costs anJ fees ncured for legal assistance, ictim restitution, orection lail) fee for any ai l

time and all surcharges nd mandatory unishrnents see paragraph ) applicable o my case.

I now state o the Court that I am, in fact GUILTY and that no threats or promises have bccn

made o induce me to enter my plea of guilty. I have been nformed that the elements of the crirne

are: willfully and knowingly has personal contact Yith a person with the intent to

threaten, ntimidate, or alarm that person.

I understand he nature ofthe charge galist meThis offense as committed y me n Sac County owa by my doing he following:

in l imida te or a la rm M5. Toms.



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I hercby state hat I subnxt this written plea of guilty with full knowledge and waiver of my rights

and I io so fteely and voluntarily. No threats have becn made against rne to obtain this guilty

plea. No promrses of leniency or favorable reatment have been madc, except for any plea bargain

disclosed o the Court at the ime ofthis guiltyplca.

G. lfthe court accepts my plea of guilty, realize:(1). The couft will set a sentencing ate not less

acceptance f this guilty plea unless waive his right'

must filc a Motion in Arrest of Judgrnent at least five

file a Motion in Affest of Judgment will be waived

than fifteen days aftcr the date of itsIn order o contest his plea ofguilty' Idays prior to sentencing. The right to

by having the court impose a sentence

tooay.(2). ifthe court irnposes sentence oday, will nevcr be able o challenge his plea of guilty.

and I rvill be giving up rny right to directly appeal my guilty plea'

I ask he court to accept his plea of guilty. I waive he precedng ights and rny right to have

the court address me PersonallY.

WAIVEROF MOTION IN ARREST OF JUDGMENT

lfthe court accepts my plea ofguilty, I rvish o be sentenced ow. I understand hat:

1 ln order to contest his plea ol guilty, nust filea Motion in Arrest of Judgment o tatel

than .15 days after a plea of guilty and no iater than 5 days prior to pronouncemenll1

j r r d g m e n t , a n d t h a t t h ec o u r t w i l l S c t a S e n t e n ci n g d a t e n o t l e s s t h a n | t f t e en d a y s a f t e r t h edate ol its acceptance f this guilty plea unless rvaive his right, and the right to filc a

M o t i o n i n A r r c s r oI J u d g m e n t w i l l b e w a i v e d by h r v i r r g t h e C o ur t i m p o s e s s e n l e n ce n o \ , \2 . B y h a v i r r g t l re C o u r t i * p o s c ' n yS e n t e n c e n o w, I w i l l n e v er b e a b l e t o c h a l l e n ge t h i s p l e a o f

grilty and I will be giving up my right to directly appeal my guilty plea'

I heicbyrequest the court sentence me now and I waive any tune to which I may be entitled

fbr scntencing at a later date.WAIVER OF RIGHT TO BE PRESENT

I h a v e b e e n f u l l y a d v is e d t h a t l h a v e a c o n st i t u t i o n a l r i g l r t t o b e p l e se n t a t n l y S c n t e n c j J ] gand present vidence n my own behall I undelstand hal it is my choice o be presel]t r not' an d

th l l no unc ean xcludeme l io ln sentenc l rg .with the above r mind, and further understanding hal my decision u,'hether o be prescnt

^. -^+ ;" -..r *,n ,lenicinn herehv knou,inslv nd voluntarilv vaive he right to be present t my

STATE O}.OW A

s ALcouNl Y 4 '. .On hrs I oay ol 20t4 , thc undersigned,

NotaryPublic n and br said

State, pcrsonally PPearcdlltc

h eknorvn o be the identical named n and who ex

or not is mv own decision, hereby knowingly and voluntarily rvaive the right to be present at

# :***t=#

executcd he same I his voluntary ctand dced.



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THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )) CRIM. NO. FECR012408

Plainti , ))

!". )) #UD$MENT AND SENTENCE

TODD ANDREW %ACHMAN, ))

D& &n'ant. )

%E IT REMEM%ERED t(at n t(& 24t( 'a* #an+a *, 2014, t(& a- !& &ntitl&' /att& a/&

-& & t(& C + t + "&" D& &n'ant " l&a 3+ilt* t an a/&n'&' (a 3& Ha a""/&nt in t(&

T(i ' D&3 &&, a "i/ l& /i"'&/&an , a" a/&n'&', in !i lati n I a C '& S& ti n 508.561)6-) an'

508.564).

T(& D& &n'ant a &a &' -* (i" +n"&l, C(a l&" S (+lt&, an' t(& Stat& a" & &"&nt&' -* Sa

C +nt* Att n&* %&n S/it(.

T(& C + t n t 'a* " 'at& a & t&' D& &n'ant " itt&n l&a 3+ilt*. T(& a ti&" &7+&"t&'

t(at t(&* &&' t "&nt&n in3 t 'a*.

IT IS THE #UD$MENT AND SENTENCE OF THIS COURT t(at t(& D& &n'ant i" n!i t&' t(&

i/& Ha a""/&nt in t(& T(i ' D&3 &&, a "i/ l& /i"'&/&an , in !i lati n I a C '& S& ti n

508.561)6-) an' 508.564).

IT IS FURTHER ORDERED t(at D& &n'ant "(all -& in&' in t(& a/ +nt 9:.00, l+" a li a-l&"+ (a 3& + "+ant t I a C '& S& ti n ;11.161) an' + t "t". P+ "+ant t I a C '& < 81:.;6:),

t(& C + t in'" t(at D& &n'ant i" a-l& t &i/-+ "& t(& Stat& + t a int&' att n&* &&". T(&

l& = "(all &nt& >+'3/&nt a 'in3l*.

D& &n'ant "(all a* t(&"& inan ial -li3ati n" t t(& Cl& = C + t t(i" +nt* nlin& at

.i a + t".3 !. S+ ( inan ial -li3ati n" /a* -& ai' in / nt(l* in"tall/&nt" at l&a"t :0.00

& / nt( -&3innin3 n t(& 1: t( 'a* F&- +a *, 2014 an' ntin+in3 n t(& 1: t( 'a* &a ( / nt(

t(& &a t& +ntil ai' in +ll. I an* in"tall/&nt i" /i""&', in ( l& in a t, it /a* -& n"i'& &' a

!i lati n t(i" O '& an' t(& t& /" D& &n'ant " -ati n. In a''iti n, i t(& in"tall/&nt a*/&nt

-& /&" '&lin7+&nt -* ?0 'a*" / &, t(&n, + "+ant t I a C '& S& ti n 902.8105, t(i" a"& "(all

-& a""i3n&' t t(& C&nt ali@&' C ll& ti n Unit t(& I a D& a t/&nt R&!&n+& it" '&"i3n&& t

ll& t t(& '&-t" &' t t(& Cl& = C + t. In t(& &!&nt t(i" /att& i" a""i3n&' ll& ti n,

a''iti nal &&" /a* -& i/ "&' + "+ant t la .



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D& &n'ant i" + t(& "&nt&n &' t "& !& a & i ' ?0 'a*" in t(& +"t '* t(& Sa C +nt*

S(& i , it( &'it ti/& "& !&', a" & ti i&' -* t(& S(& i . T(i" "&nt&n & i" "+" &n'&' in it" &nti &t*

an' D& &n'ant i" la &' n -ati n t t(& Sa C +nt* P -ati n O i & a t& / n& *&a .

C n'iti n" -ati n a & a" ll "

1. D& &n'ant "(all a* t(& inan ial -li3ati n" a" '& &'.

2. D& &n'ant "(all -&* all la ".

?. D& &n'ant "(all (a!& n nta t it( S(&ila T /" a & i ' n& *&a / t 'a* "

'at&.

T(& &a" n" t(i" "&nt&n & in l+'& t(& ll in3 D& &n'ant " a3&B i i/inal (i"t *B

attit+'& t a ' &(a-ilitati nB a t" an' i +/"tan &" t(i" a"&B a/il* an' &/ l */&nt

i +/"tan &"B n&&' t& ti n t(& //+nit* an' '&t& &nt i/ a t + n D& &n'ant an' t(& "

"i/ila l* "it+at&'.

Any bond money previously posted is released and exonerated.

T(& D& &n'ant i" a'!i"&' t(& i3(t t a &al t(i" #+'3/&nt an' S&nt&n &. % n' n a &al i"

:00 a"(.

Cl& = t !i'& i&" tC +nt* Att n&*D& &n"& C +n"&lSa C +nt* #ailSa C +nt* P -ati n O i &



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Type: OTHER ORDER


So Ordered




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Form 4.11: Sentencing No Contact Order 664A.5-Any Criminal Prosecution 12/27/2010

ORDER OF PROTECTION

This order can be verified during businesshours with the SAC County Clerk of Court

at (712) 662-7791 or any time with the SACCounty Sheriff's office at (712) 662-7791

02811 FECR012408Judge: Adria Kester

County: SAC State: IOWA

SENTENCING NO CONTACT ORDER

(Any Public Offense 664A.5)

ISSUE DATE: January 27, 2014 PROTECTED PARTY:

Sheila TomsFirst, Middle, Last

VS.

Other Protected Persons:

STATE OF IOWAV.

DEFENDANT:TODD ANDREW BACHMAN

CAUTION: If checked, FIREARMSWARNING for LAW ENFORCEMENT

RESPONDENT's Date of Birth: 03/09/1961Address for Defendant (not shared with ProtectedParty):

THE COURT HEREBY FINDS: It has jurisdiction over the parties and subject matter. Additionalfinding are set forth below.THE COURT HEREBY ORDERS: The above named defendant is restrained from committing furtheracts of abuse or threats of abuse. The above named defendant is restrained from any contact withthe protected party. Additional terms of this order and exceptions to the above provisions areas set forth below.This order shall remain in effect until January 24, 2015 unless it is modified, terminated or extendedby further written order of the court.WARNINGS TO RESPONDENT: This order shall be enforced, even without registration, bythe courts of any state, the District of Columbia, and U. S. Territory, and any tribal jurisdiction.

18 U.S. C 2265. Crossing state, territorial, or tribal boundaries to violate this order may resultin federal imprisonment. 18 U.S.C. 2262. Federal and state laws provide penalties for possessing, transporting, shipping, orreceiving any firearm or ammunition (18 U.S.C. s.922(g)(8)); Iowa Code Section 724.26(2)(a). Only the court can change this order.

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The defendant has been convicted of the following crime(s): Harassment in the Third Degree, a

simple misdemeanor. The court finds the presence of or contact with the defendant poses a threat tothe safety of Sheila Toms. INTIMATE PARTNER. If checked, the court finds the defendant and protected party meet thedefinition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, withrespect to a person, the spouse of the person, a former spouse of the person, an individual who is a

parent of a child of the person, and an individual who cohabitates or has cohabited with the person").[Registry order type D] IF CHECKED, the court must check box 5, prohibiting the defendant frompossessing firearms.

OR

OTHER. If checked, the court finds the relationship status of the defendant and the protectedparty is other than the federal "intimate Partner" definition. [Registry order type I] Therefore, the court orders as follows:1. Defendant shall not communicate with the protected party in person or through any meansincluding third persons. This restriction shall not prohibit communication through legal counsel.2. Defendant shall not be in the immediate vicinity of the residence or place of employment of theprotected party. Defendant shall stay away from the protected party and shall not be in that party'spresence except in a courtroom during court hearings.3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest,attack, harass, or otherwise abuse the protected party, persons residing with the protected party, ormembers of the protected party's family. Defendant shall not use, or attempt to use, or threaten to usephysical force against the protected party that would reasonably be expected to cause bodily injury.

4. If checked, additional directives:5. If checked, the defendant has been convicted of domestic abuse assault under Iowa Code

708.2A. Therefore, the defendant shall not possess,ship, transport, or receive firearms, offensiveweapons, or ammunition unless such rights have been restored in accordance with Iowa Codesection 724.27. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcementagency) on or before .6. This protective order is in effect immediately. The order may be extended prior to expiration or atsentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension).7. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation mayoccur even if the protected party(ies) consent(s) to prohibited contact. Only the court may releasedefendant from restrictions contained in this order. The clerk of court shall provide copies of this order to the protected party, county attorney, defendant,counsel of record (if any), and the Sac County Sheriff as required by Iowa Code sections 236.5(5)and 664A.4.The Sac County Sheriff shall serve and return service of this order upon defendant.

If you need assistance to participate in court due to a disability, call the disability coordinatorat (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.

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Sac City Man Convicted of Harassment in the Third Degree

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Transcript of Sac City Man Convicted of Harassment in the Third Degree