SMCR012726 - Case of Sac City man accused of Domestic Abuse Assault 1st Offense dismissed.pdf

8/9/2019 SMCR012726 - Case of Sac City man accused of Domestic Abuse Assault 1st Offense dismissed.pdf

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E-FILED 2015 JAN 06 1:20 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection Case No. 02811 SMCR012726

This order can be verified during business hourswith the SAC County Clerk of Court at:(712) 662-7791.

Judge Bush

or anytime with the SAC County Sheriff'sOffice at: (712) 662-7791 . NO CONTACT ORDER

ISSUE DATE: 01/07/2015

PROTECTED PARTY: Melissa Davis Other Protected Persons:

STATE OF IOWA, VS

DEFENDANT: Defendant Date of Birth: 6-8-84

MATTHEW JAMES JOHNSON

Address for Defendant (not shared address wprotected party)

CAUTION: If checked, FIREARMSWARNING for law enforcement

THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter, and the Defendant has been provided withreasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:The above named Defendant is restrained from committing further acts of abuse or threats of abuse.The above named Defendant is restrained from any contact with the Protected Party.Additional terms of this order are as set forth below.

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This order shall remain in effect until modified or terminated by further written order of the court, untilthe case is dismissed, or until sentencing. WARNINGS TO DEFENDANT:This order shall be enforced, even without registration, by the courts of any state, the Districtof Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state,territorial, or tribal boundaries to violate this order may result in federal imprisonment(18U.S.C. 2262). Federal law provides penalties for possessing, transporting shipping, or receiving any firearmor ammunition (18 U.S.C. 922(g)(8)). Only the court can change this order.

On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant'sappearance, the court finds there is probable cause to believe that a violation of

the presence of the defendant in the alleged victim's residence poses a threat to the safety of thealleged victim, persons residing with the alleged victim, or members of the alleged victim's immediatefamily.

If checked, the court finds the defendant and protected party meet the definition of intimatepartners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, thespouse of the person, a former spouse of the person, an individual who is a parent of a child of theperson, and an individual who cohabitates or has cohabited with the person").

IF CHECKED, the court must check box 6, prohibiting the defendant from possessingfirearms. 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, or

members of the protected party's family. Defendant shall not use, or attempt to use, or threaten touse physical force against the protected party that would reasonably be expected to cause bodilyinjury.

4. If checked, defendant may enter the shared residence once in the company of a peaceofficer to retrieve defendant's clothing and work-related items. Defendant shall turn over to thelaw enforcement agency all devices that allow access or entry to the residence or outbuildings (forexample, keys or garage openers). The law enforcement agency shall contact the protected party toprovide notice of the intent of the defendant to return to the residence and to accommodate the safetyconcerns of the protected party.

5. If checked, additional directives:2 of 4



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6. If checked, the defendant shall not possess firearms while this order is in effect as a condition ofrelease. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency)on or before . The defendant is advised that the issuance of this protective order may also affect theright to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8).7. 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).8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may

occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may releasedefendant from restrictions contained in this order.9. Except as specifically set out herein, this order shall not be construed as an award of personal orreal property to either the defendant or the protected party.

10. Bond is set at $OR

11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed.

Defendant was personally served with a copy of this order by the court.

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.

NOTICE: If you have a disability and need assistance to participate in court proceedings, please callthe ADA Coordinator at (641) 421-0990.If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

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State of Iowa Courts

Case Number Case TitleSMCR012726 STATE VS MATTHEW JAMES JOHNSONType: NO CONTACT ORDER

So Ordered

Electronically signed on 2015-01-07 12:59:19

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DISTRICT

COURT Cr' ICWA

SAC COUNTY

FILED

2015 JAN-7 PH I: 18

IN T H E IO W A DI ST RI CT C O U R T IN A N D F O R SA C C O U N T Y

S T A T E O F I O W A ,

Plaintiff,

C a s e

N o: 02811

S M C R 0 1 2 7 2 6

vs.

M A T T H E W J A M E S J O H N S O N ,

ORDER ON INITIAL APPEARANCE

Defendant .

Charges:

01 - 708.2A(2)(a) - D O M E S T I C

A B U S E

A S S A U L T - 1S T O F F E N S E

U p o n

rev iew of the complaint and ac com pan ying aff idavits, the court f inds :

That there is probable cau se to be l ieve that the defendant has committed the offense(s) l isted above.

T he nature of the charge(s) is that it is a:

Simple M isd em e ano r. This charge ordinarily carr ies a penalty of a f ine of not les s than 65 nor

greate r than 62 5 and up to 30 days in jai l, exce pt in sp ec ial c a s e s whe re the minimum fine is l f

convicted there is a minimum 48 hour jai l sentence.

In the event

that

a f ine is imposed there wil l also be a 35% surcharge added plus court costs.

RECITATION OF RIGHTS:

Y ou

hav e the abs olute right to rem ain si lent. Anything you say will be us ed against you .

Y ou are presumed by law to be innocent of the offense(s) charged unless found guil ty by proof

beyond a reasonable doubt .

Y ou

have the

right

to be represented by an attorney and

that

one will be appointed for you if you

qual ify. Y ou must fill out an application i f you want court app ointed cou ns e l.

•MA ND AT OR Y SUBSTA NCE ABU SE EVALUATION:

Y ou are ordere d to complete a su bstance abus e evaluation imme diately A T Y O U R E X P E N S E at:

N e w Opportunites, Sa c Ci ty, 712-662-7 921

C om p as s Point, Storm L a k e , 712-732-5136

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or at a facility of your choosing

with

a copy to be se nt within 30 days to the S ac County C lerk of Court

at 100 NW State St . , Ste. 12, S ac Ci ty, IA 50583.

YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL

RESULT

IN INSSUANCE OF AN ARR EST WARRA NT AND REVOCATION OF ANY PRETRIAL

RELEASE.

TERMS OF

RELEASE:

0 Y o u will be re lea se d from cus tody prior to trial on your own prom ise to appe ar at all further court

proceed ings . If you willfully fail to appe ar before the court as req uired, you sh all be guilty of

H^etorry/Serious Misdemeanor. During your release:

Y ou s hall not con su me any alcoh ol or i llegal drugs during the pen den cy of this matter.

Y o u s hal l not dr ive whi le your l icens e is su sp en de d.

Y ou

must obey al l the laws of lowa and the United States.

• U p o n

consideration of the factors in lowa Code section 811.2, the court is not reasonable assured

that you will app ea r at all court proc ee dings in the future and therefore the court impo se s the following

condi tions on your re lea se :

Y ou sh all not con su me any alcohol or il legal drugs during the p en de ncy ofth is matter.

Y ou s hal l not dr ive w hile your l icens is s us pe nde d.

Y ou must obey al l laws of lowa and the United States.

Y ou

must post a bond in the ammo unt of .

DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BAS ED ON A WRITTEN

REQUEST.

PRELIMINARY

HEARING

Defendant is enti t led to prel iminary hearing unless waived, which hearing is held to determine

whether suf f ic ient ev idence e xists to justify further prose cution of the De fendant as ch arge d. Prior

to a prel iminary he aring, the D efen dant is informed that a Grand Jury may indict him/her, or a Trial

Information ma y be filed by the C oun ty Attorney in this county.

T he

Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:

Prel iminary

Hear ing is sche duled on 01/26/2015 at 10:00 AM at the S ac C o. C our thouse,

100 N W S tate St., Sa c City, lowa. in the magistrate courtroom.

(7=3.

If a preliminary

hearing date

has

been

set you should

contact

the county

attorney

at

712-662-4791 before attending this

hearing

to determine whether or not it

will

be held

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I

YOU HAVE NOT

BEEN FINGERPRINTED

AND

PHOTOGRAPHED FOR THIS OFFENSE,

YOU

MUST

REPORT

TO THE SAC

COUNTY

SHERIFF S

DEPARTMENT WITHIN

10

DAYS

FROM

THIS

DATE

TO

DO

SO.

I

DEFENDANT

HAS

NOT

PRESENTED THEMSELVES

WITHIN 10

DAYS FROM THIS DATE, THE SAC

COUNTY

SHERIFFS DEPARTMENT

IS

ORDERED AT HIS

CONVENIENCE

TO

PICK

UP

DEFENDANT

TO BE PHOTOGRAPHED

AND FINGERPRINTED.

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 lowa TTY

1-800-735-2942).

Disability coordinators cannot provide legal advice.

C op ie s to:

County Attorney

Defendant

S a c County Sheri ff

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State

of Iowa Courts

Case

Number

Case

Title

SMCRO 2726 ST TE VS M TTHEW J MES JOHNSON

Type: HE RING FOR INITIAL PPE R NCE

So Ordered

Warren L.

Bush,

Magistrate,

Second Judicial District of lowa

lectronic lly signed on 2015 01 07 12:54:23


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff(s), Case No: 02811 SMCR012726

vs Order Setting Trial

MATTHEW JAMES JOHNSON ,

Defendant(s).

01 - 708.2A(2)(a) - DOMESTIC ABUSE ASSAULT- 1ST OFFENSE

The defendant has entered a plea of not guilty.

Non Jury Trial is scheduled on 03/16/2015 at 11:00 AM at the Sac Co. Courthouse, 100 NW StateSt., Sac City, Iowa.

NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirtswith inappropriate printing or clothing that is overly dirty or ragged.

The court has provided a copy of this order to the defendant.

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E-FILED 2015 FEB 10 2:14 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleSMCR012726 STATE VS MATTHEW JAMES JOHNSONType: ORDER SETTING TRIAL

So Ordered


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Date: 02/19/2015

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

No.SMCR012726

vs.

MATTHEW JAMES JOHNSON

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) for

expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________

Date___2/19/2015_____________________

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



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X25DNY IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff vs. MATTHEW JAMES JOHNSON Defendant

No. 02811 SMCR012726

Order Granting Request for ExpandedNews Media Coverage of Trial or Proceeding

A request for expanded news media coverage of a trial or proceeding scheduled to occur at .m. atthe County Courthouse, , Iowa, has been presented. Notice of the request for expanded news media coverage was sent electronically, delivered byordinary mail, or delivered in person to the last known address of all attorneys of record, partieswithout representation, and the district court administrator for this judicial district. The notice of the request for expanded news media coverage was given as follows: At least seven days before the proceeding for which expanded news media coverage wasrequested.

The request is granted as follows:

1. Representatives of the news media may use the following in courtroom coverage of the trial orproceeding (Check each that applies);

Photographic equipment, ;

Television cameras, ;

Electronic sound recording equipment, ;

Other electronic devices, . 2. Expanded news media coverage is permitted for every part of such proceeding as allowed underChapter 25 of the Iowa Court Rules except as follows:

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.

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Case Number Case TitleSMCR012726 STATE VS MATTHEW JAMES JOHNSONType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

(Magistrate Division)

STATE OF IOWA,

Painti!!,

v"

MATTHEW #AMES #OHNSON,

De!en$ant"

No" SMCR%&''

ORDER *RANTIN* DISMISSA+

(RU+E '")

T-is .atter /a.e 0e!ore t-e Co1rt on t-e State2s re31est !or t-e /o.4aint

to 0e $is.isse$ 41rs1ant to R1e '"" T-e State a44eare$ 05 Sa/ Co1nt5

Attorne5 6en S.it-"

T-e Co1rt, 14on revie7ing t-e re/or$ an$ 0eing a$vise$ in t-e 4re.ises,

FINDS t-at t-e State in!or.e$ t-e Co1rt t-at t-e 41r4orte$ vi/ti. in t-is /ase

in!or.e$ t-e State s-e 7o1$ not /oo4erate vo1ntari5 7it- t-e State2s

4rose/1tion an$ 7o1$ not 4rovi$e testi.on5 !avora0e to t-e State2s /ase8in8

/-ie!" 6ase$ on t-e !oregoing, it is t-e State2s 4osition t-at t-e interests o! 91sti/e

7o1$ 0est 0e serve$ 05 $is.issing t-e /o.4aint"

IT IS THEREFORE ORDERED t-at t-e /o.4aint s-a 0e an$ is

$is.isse$ 7it- :%"%% /o1rt /osts to De!en$ant" T-e De!en$ant is HERE6Y

NOTIFIED t-at t-e a.o1nt 0e/o.es 4ast $1e i! not 4ai$ 7it-in t-irt5 (%) $a5s o!

t-is Or$er"

IT IS FURTHER ORDERED t-at an5 0on$ entere$ -erein s-a 0e

e;onerate$ an$ an5 no8/onta/t or$er entere$ -erein s-a 0e ter.inate$"

E-FILED 2015 FEB 25 11:57 AM SAC - CLERK OF DISTRICT COURT


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Type: DISMISSED PER COURT

Case Number Case Title

SMCR012726 STATE VS MATTHEW JAMES JOHNSON

So Ordered

Electronically signed on 2015-02-25 11:57:58 page 2 of 2

E-FILED 2015 FEB 25 11:57 AM SAC - CLERK OF DISTRICT COURT

SMCR012726 - Case of Sac City man accused of Domestic Abuse Assault 1st Offense dismissed.pdf

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