State v Michael Shane Mohr - Srcr012490

8/13/2019 State v Michael Shane Mohr - Srcr012490

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Complaint

S T A T E OF IOWA

DISTRICTCOU'Kl OF IOWAItem#: 14-0085?iLED

S T A T E O F IOWA C O U N T Y O F S A C 20IUAN27 ftM 8: U7Before Judge, Magistrate)Vs .

Cr im ina l C a s e No .De fendan tMo hr, Michael Shane z

ComplaintSerious Misdemeanor

A d d r e s s202 6th S treet, Lake V iew IA

Date of Bir thTh e defendant is accu sed of the crime of Domestic Abu se Se rious As sualt in violation ofSe ction 708A 2) b) of the Co de of lowa) or Ordinan ce No. of the City of

inthatthe defendant on the 25 day of Janu ary , 2014, at the in S ac Coun ty, did :Comm it the o ffense of Domestic Abu se Serious Assault, did commit an actwith theintent of bodily injury to his father, Mike Mohr.

State acts or om issions constituting offense) Dated

ComplainantAddresstatutory Reference 804.1 Code of lowa

S T A T E OF IOWA,C O U N T Y O FS A C ,ss.I, the undersigned, being duly sworn and under oath, state that the following factsknown by me ortold to me by the other reliable personsform my beliefthatMichaelShane Mohr the defendant committed the crime charged.On January 25, 2014 at 202 6th Street, Lake View M.M during an altercation did causebruising and swelling by striking his father, Mike Mohr,withh isright fist to theleftcheek.Mike stated he was assaulted by M.M.

SignatureSubscr ibedand sworn to before me by the said


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Subscr ibedand sworn to before me by the saido f TT r. n 2 0 / 4 , ., Com plainant, on the 3-L> day

J E N N IF E R S C H R A M MCommission Number 770007MY COMMISSIONEXPIRESOCTOBER6 ,2 i_f_

in the State o

6 wJUDICIAL MAGISTRATE

2


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C o m p l a i n t tem : 14 -00859 FILEOS T T E O F IOWA C O U N T Y O F S C 2QIUAN21 WS T A T E O F IOW A Before (Judge, Magistrate)

Vs .Cr im ina l C a s e No .De fendan t

Mo hr, M ichael Shane zComplaint

SeriousM isdemeanorA d d r e s s

202 6th S treet, Lake V iew IADate of Bir th

The defendant is accused of the crime of Domestic Abuse Serious Assualt in violation of(Se ction 708A(2)(b) of the Co de of lowa) or O rdinance No. of the City of ,inthatthe defendant on the 25 day of Janu ary , 2014 , at the in S ac County, did :Comm it the o ffense of Dom estic Abu se S erious Assa ult, did commit an actwiththeintent of bodily injury to his younger brother, whom Michael resides with.

(State acts or om issions constituting offense) Dated

ComplainantStatutory Reference 804.1 Co de of lowa Add ress

S T A T E O F IOWA,C O U N T Y O FS A C ,ss.I, the undersigned, being duly sworn and under oath, state that the following factsknown by me ortoldto me by the other reliable personsform my beliefthatMichaelShane Mohr the defendant committed the crime charged.On January 25, 2014 at 202 6th Street, Lake View M.M during an altercation did causebodily injurytorightside ribs,rightof face, andright knee of his younger brother,Andrew Mohr. Andrew then ran to his neighbors at 518 Ja ckso n Street, L ake View tohave them call for police. Andrew stated he was assaulted by M.M.

Signature


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DISTRICT COUKi r IUVVS CCOUNTYI N T H E I O W A D I S T R IC T C O U R T F O R S A C C O U N T Y

MAGISTRATE DIVISION 201U A H 21 ftM U7S T A T E O E I O W A ,

)laintiffvs.^oLli..*.N\jL)

M A G I S T R A T E N O .

I N I T I A L A P P E A R A N C E

unders

Defendant

Q n this (g day of , 2u/ j( the Defendant herein appears before thedersigned Magistratein and for SacCounty, havingbeen chargedwiththe crime

J I ^ J C J . being a violation ofSection7 t ? T h i > ) L A ) of the Code ofIowa.

Th e Court advises the Defendant asfollows:1. Thathe/shehas the right to remain silent That anystatement madeby the Defendant can and

wouldbe used against him/her in a Court of law. Thathe/shehas the right to have an attorneypresentat a ll stagesof the proceeding and,i f the Defendant is unable toaffordcounsel, that, uponproperapplication,onewouldbe appointedf o r them.

2 . Thathe/she is chargedwith a violation of SectionM M _ _ _ w h i c h is classifiedas:Felony- ClassAggravated Misdemeanor w .Y> Serious Misdemean or ^ Ct3k*-tCo

3. That themaximumpunishment for a plea of guiltyorconviction pf the above charge is:^ OneYear C ounty Jail - X ^ 4 ^ Mi hi/Hlrru' . Years Prison 0X, And/Or S 3U L j PS Fine f 3 _/_ SjC.-f fal-f _f ~That to obtain the services tof an attorney at the expense of the Stateof Iowa, application forCourt-appointed counsel must be completed, reviewed by the SacCountyAttorney and filed withthis Court.(a) r>. Y o u w i l l be released fromcustody prior totrial on your own promise toappearat aBfurther court proceedings. Ifyouw i l l fu l ly f a i l toappearbefore any court as required, y ou shall beguiltyof aCHasslTTelony/seriousmisdemeanor; or(b) K (If appropriate) Upon considerationo f the factors in Section 811.2, the Court is notreasonably assured that youw f l l appear at all court proceedings in the future and ijtftnefore theCourt imposes thefoDowing conditions on your release: (V) -VftU /VllijT Ok^^CtXX* ^d_A


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8. IFYOU HAVE N OT B E E N FINGERPRINTED AN D PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF S DEPARTM ENT WnTJTN 10DAYSI R O M THIS DATE TO DO SO. TF DEFENDANT HAS NOT PRESENTED THEM SELVE S WITHIN 10DAYS F R O M THIS DATE, THE SACCOUNTY SHERIFF S DEPARTMENT IS ORDERED AT HISCONVFJSTIENCE TO PICK UP DEFENDANT TO B E PHOTOGRAPHED AND FING ERPRINTED.

If you require the assistanceof auxiliaryaids or services to participate in court because of a disability,immediately call your district ADA coordinator at (641) 421-0990. (Ifyou are hearing impaired, call RelayIowaTTY at1-800-735-2942.)

WarrenL . Bush/Joseph J . Heidenreich, JudicialMagistrate

Copiesto:County AttorneyDefendantSacCounty Sheriff


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Form 4.11: NoContactOrder(CriminalProsecutionofDomestic buse ssault 708.2A orMisdemeanorCnargiContactOrder664A:7). ^z^;-... f(1p :-

OrderofProtectionThis orderca nbe verified during business hourswiththe: SAC County Clerk of Court at( 7 1 2 ) .662 -7 79 1 or anytimewiththe _ ^

SAC COUNTY SHERIFF . (law enforcement agency) a t (7 1 2) - 66 29 71 27

CaseNo.Judge WARREN L. BUSH(print or type name'nere)

BUT?

County SAC State IOWN O C O N T A C T O R D E R( C r i m in a l P r o s e c u t i o n o f D o m e s t i c A b u s eA s s a u l t 708.2A o r M isd em ean or Cha rge o f V io la t ingN oCo n tac t O rder 664A.7)

ISSUEDATE:P R O T E C T E D P A R T Y :

ipwcW G / M rFirst Middle Last

Other ProtectedPersons:

S T A T E O F I O W AV .D E F E N D A N T : D E F E N D A N T Date of Birth

First ' ' Middle

1-3 f - t )Last Addressfor Defendant (not sh ared addresswithProtected Party)

If checked,C A U T I O N : FIRE RMS W RNINGforLaw EnforcementT H E C O U R T H E R E B Y F I N D S :Ithasjurisdiction over the parties an d subject matter, and the D efendant has been providedwithreasona ble notice andopportunity to beheard. Add itional f indings are setforthbelow.T H E C O U R T H E R E B Y O R D E R S :Th eabove nam ed D efendant is restrained from committingfurtheracts ofabuseor threats of ab use.Th eabove named D efendant is restrained from any contactwith the Protected Party.Add itional terms of this order are as setforthbelow.Thisordershallremain in effectuntilmodified or terminated byfurtherwrittenorder of the court,untilthecase isdismissed,oruntilsentencing.W A R N I N G S T O D E F E N D A N T :T h i s o rde r sha l l be en fo rce d , evenwithout reg is t ra t ion, by the cour ts o f any s ta te, the Dis t r ic t o f Columbia,a n y U .S . Ter r ito ry , an d any tr iba l ju r i sd ic t ion . 18 U .S .C . 2265. Cr os s i ng s ta te, ter r i tor ia l , or t r iba lb o u n d a r i e s to v io la te th is order may resul t in fed era l impr iso nm ent . 18U .S .C . 2262.F e d e r a l an d s ta te laws p rov ide pena l t ies fo r p o s s e s s in g , t r anspo r t ing , sh ip p in g , o r rece iv ing any f i rea rm ora m m u n i t i o n . 1 8 U . S . C . 922(g)(8); Iowa C od e S ec t io n 724.26(2)(a) .O n l y t he cour t can chan ge th is o rder .

Effective date: December 2010


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"" O nthe Basiso fthecom^ submitted tb:the court at thetimeof the defendant's'appearance,the-courtfinds there is p robable causetp believethat$1 a domestic abuse ass ault has occurred ( 708.2A) or [ ] defendant has violated a prior no contact order or cons entagreement (664A.7)and the presenceofthedefendant in the alleged victim's residence poses a threatto the safetyofthealleged victim, personsresidingwiththe alleged victim, or m embers of the a lleged victim's immediate family.[ ] Ifchecked, the court finds the defendant and protected party meet the definition of intimatepartners a s defined in 18U.S.C. 921(a)(32)( 'intimatepa rtner'means,withrespect to a person,the spouseoftheperson,a formerspouseof the person,an individual who is a pa rent of a ch ildoftheperson,and an individual who coha bitates or has cohabitedwiththe person").IF C H E C K E D , the court must check box6, prohibit ing the defendantfrompossess ingf i rearms.

Therefore, the court orders as fo l lows :1. D efendant sha ll not comm unicatewiththe protected party in person or through any m eans includingthird persons.This restrictionshallnotprohibitcommun ication through legalcounsel.2. D efendant sha ll not be in the imm ediate vicinity of the res idence or place of employment of the protected party.Defendantshallstay awayfrom the protected party andshallnot be inthatparry's p resenc e except in a courtroom during courthearings.3. The defendant, personally or through athirdparty, sha ll not threaten, ass ault, stalk, m olest, attack,harass,orotherwise ab use the protected p arty, p ersons residingwiththe p rotected pa rty, or members of the protected parry's family.Defendantshallnotuse,o rattemptto use, or threaten to use physical force against the protected partythatwould reasonably beexpected to causebodilyinjury.- --j-i- -:4.4-~'|ficdiieMCêcl;~d6fendStntmay enter-the-Y esideneeônce- in--the-com panyiOf a-.peaceôfficer [email protected] s^c Qtt)iiriand work-related items. D efendantshallturnover to the law enforcement agency a lldevicesthatallow accessorentryto theresidenceor outbuildings (forexample,keys or garage openers). The law enforcement agency shall contact the protected party toprovide notice of theintentof the defendant toreturnto the residence and to ac comm odate the safety conce rns of the p rotectedparty.[ ] 5. If checked,additiona l directives - . - .6. The D efendant shall notpossess,s hip, transport, or receive firearms, offensive weapons, or am munition while thisorder is in effect pursuant to lowa Co de Sec tion 724.26(2)(a) a nd as a condition ofrelease. The Defendant shall deliver all

firearms, ammunition, and offensive weapons to [Name of Law EnforcementAgency .lAddress of Law EnforcementAgency],[City],lowawithin24 hours ofreleasefromjail.7. This p rotective order is in effect immediately. The order may be extended prior to expiration, or at sentencing, for fiveyears pursuant to sections664A.5(m odification) and 664A.8 (extension).8. A D E F E N D A N TW H O VIOLATESTHIS O R D E R F AC E S IMMEDIATE A R R E S T . Violation may occur even if theprotected party (ies) consent(s) to prohibited contact. O nly the court may relea se defendantfromrestrictions contained in thiso r d e r . 9. Except as specifically set outherein,this ordershallnot be construed as an awa rd ofpersonalor real property to eitherthe defendant or the protected party. r /")

[ ] 11. Ifchecked,defendan t qualifies for court-appointedcounsel,and attorney __ =i is appointed.

J U D G E , JUD ICIAL DISTRICT W A R R E N L B U S HJUDICIALMAGISTRATE[ ] Defendant was personally servedwitha copy of this order by the court.[ j The clerk of courtshallprovide cop ies of this order to the protected party, county attorney, defendant, counselof record (if any) and theCountySheriffasrequired by lowa Codesections236.5(5) and 664A.4.[ J The County Sheriffshallserve andreturnservice of this order upon defendant.NOTICE:If youhave a disability and need assistanceto participate in courtproceedings,please call the AD A Coordinator at ( ) .Ifyouare hearing-impaired, call R elay lowa TT Y at 1-800-735-2942.

[ ] 10. BondissetatS 6 R ' b ^ {QjZVV^ % fru**^ i W & 0-

Effective date: December 2010


10/20

INTH EIOWA DISTRICT COURT FOR Sac

DISTRICT COUHI OF IOWASAU 0E U0NrY

Z0IUAN27 AM8:1 7COUNTY

STATE OFIOWA or

vs,Plaintiff/Petitioner

Defendant/Respondent

^Xcririminal CivilNOSfiCRoMqDFINANCIAL AFFIDAVIT/APPLICATIONFOR APPOINTMENT OF COUNSEL

Insupportofm yapplicationforappointmentofcounsel,andunderpenaltyofperjury,theundersignedstates:W ^ h a M / b U k f BirthPate: ff/

E-mail:Name:iHomePhone: CellPhone:tr tAddress&D 'E. (t ^Street/P.O.Box Apt City State S Zip

Pendingcharges:,T^V>AAXvS ' ViC j In Jail? y Yes NoDo youhavea job? NoJob Yes,Full Time 51 Yes,Part Time List Hours/week:Whod oyouwo rkfor?^t^Vt.^t,r /Cin^-t > j

per H hour month ow muchmoneydo youcurrentlymake beforetaxesordeductions' ' / ^ v- l v perHow muchmoneyhaveyoumadeinthelast12monthsfromanysource, beforetaxesordeductions?Ho wmanyfamilymembersaresupportedby or live withyou?

year

Ifaspouselives with you, howmuchmoneydoesyourspousemake?Listallothermoneyyou, oranyone elselivinginyour household,hascomingin:

per hour month year

Listwhatyou own includingmoneyinbanks,cap,trucks,othervehicles,land,houses,buildings,cash,oranythingelseworthmore than$100: A r ^ *

Listamountsyou paymonthlyformortgages, rent,carloans, creditcards,childsupport,or anyother debts:/A *>


11/20

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.MICHAEL S MOHR ,

DEFENDANT.

02811 SRCR012490

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 Robert E. Peterson, 108 W 8th St., Carroll, IA 51401 (712)792-4485, a contract attorney, isappointed.The defendant shall contact their attorney within 48 hours.

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E-FILED 2014 JAN 27 3:25 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleSRCR012490 STATE VS MICHAEL SHANE MOHRType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-01-27 15:25:57

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012490

Plaintiff,

vs. TRIAL INFORMATION

MICHAEL SHANE MOHR,DOB: 01/29/1991 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, Michael Shane Mohr

of the crime ofDOMESTIC ABUSE ASSAULT, a Serious Misdemeanor in violation of Iowa

Code Sections 708.2A(1) and 708.2A(2)(b) committed as follows:

The said Defendant, Michael Shane Mohr, on or about January 25, 2014, in the

County of Sac and State of Iowa, did unlawfully and willfully commit a domestic assault against

his brother A.M., causing bodily injury.

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, Michael Shane Mohr

of the crime ofDOMESTIC ABUSE ASSAULT, a Serious Misdemeanor in violation of Iowa

Code Sections 708.2A(1) and 708.2A(2)(b) committed as follows:

The said Defendant, Michael Shane Mohr, on or about January 25, 2014, in the

County of Sac and State of Iowa, did unlawfully and willfully commit a domestic assault against

his father Mike Mohr, causing bodily injury.

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]

E-FILED 2014 FEB 14 2:50 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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Type: Approval of Trial Information

Case Number Case Title

SRCR012490 STATE VS MICHAEL SHANE MOHR

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 2014-02-14 14:50:54 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

MICHAEL S MOHR ,

Defendant.

Case No: 02811 SRCR012490

ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 02/19/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.

Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall

remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

SRCR012490 STATE VS MICHAEL SHANE MOHR

So Ordered

Electronically signed on 2014-02-14 14:50:55 page 2 of 2


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2RCR18

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.

MICHAEL S MOHR ,

DEFENDANT.

Case No. 02811 SRCR012490

O R D E R

The Defendant failed to appear for the Arraignment hearing scheduled for

February 19, 2014. A warrant should now issue for the Defendant's arrest to secure

his appearance for those proceedings.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.

Bond on that warrant shall be $2,000.00 cash only.

2. When the Defendant has been arrested and is available for the Arraignment

proceedings, the State shall so notify the Court. The Arraignment hearing will then be

rescheduled.

CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH

ROBERT EUGENE PETERSON

SAC COUNTY SHERIFF

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E-FILED 2014 FEB 19 11:37 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleSRCR012490 STATE VS MICHAEL SHANE MOHRType: ORDER TO ISSUE PUBLIC/BENCH WARRANT

So Ordered

Electronically signed on 2014-02-19 11:38:16

E-FILED 2014 FEB 19 11:37 AM SAC - CLERK OF DISTRICT COURT

State v Michael Shane Mohr - Srcr012490

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