fe cr 012499

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JAMES VERLYN FERTIG , Defendant.

Case No: 02811 FECR012499

INITIAL APPEARANCE

Charges:01 - 708A.5 - THREAT OF TERRORISM (FELD)02 - 724.26(1) - DOMINION/CONTROL OF FIREARM/OFFENSIVE WEAPON BY FELON 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: 2 counts 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 X 2 Years Prison And/Or $fine of not less than $750 nor greater than $7,500 plus 35%urcharge and costsX 2

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E-FILED 2014 FEB 11 4:51 PM SAC - CLERK OF DISTRICT COURT

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: Based on the nature of the charges, the court finds at this point that the defendant should be heldwithout bond for the protection of law enforcement personnel and others. Defendant is to fill out acourt appointment application and the court will appoint Charles Schulte to represent him. The courtwill confer with the sheriff and the county attorney on February 12, 2014 to gain their perspectiveon whether defendant should be released and the conditions that should be attached to any suchrelease. In the meantime defendant shall consider what assurances he can give the court that he willnot further offend if released and that the safety of himself and others will not be compromised bysuch release. 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 02/24/2014 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 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 DefendantDefendant 2 of 4


Sac County Sheriff

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State of Iowa CourtsCase Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIGType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-11 16:52:36

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IN THE IOWA DISTRICT COURT FOR Sac

DISTRICT COUKI' OF IOWA SAC COUNIY

FILED

201 FEB 12 AM 8:29 COUNTY

STATE OF IOWA or

Plaintiff/Petitioner,

vs.

VAivve Mevlvjn fW-riot Defendant/Respondent. ^

V Criminal Civil

No. FECKO WW\ FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

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

Name: A ^ M - l V \ / g V l v ] r \ f ^ Z - f j Oj Birth Date: OS>~ Q 5 ~ 1 ° \ 4 0

Home Phone: " 7 / 2 ' 1 ^ 0 ~ fffi 7 2 Cell Phone: E-mail:

Street Address: 3 \ 2 * \ & ~ j ' 0 ^ U M . V ^ W f rT 6 ( 4 ^

Street/P.O.Box Apt# City State Zip

Pending charges: ^ In Jail? • Yes • No

Do you have ajob? M*No Job • Yes, Full Time • Yes, Part Time (List Hours/week: )

Who do you work for? & - \ l V € c { . ' ^ o i l

How much money do you currently make before taxes or deductions? per • hour • month • year

How much money have you made in the last 12 months from any source, before taxes or deductions?^ 12^74*"/. Q O

How many family members are supported by or live with you? Q

If a spouse lives with you, how much money does your spouse make? per • hour • month • year

List all other money you, or anyone else living in your household, has coming in: .

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than$100: 2-0 qCN"-. Q-f~ \(to\3 , L/h-eA| ^iO 1003, V\(k*

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit. I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me.

Date 02-1 h 20ty Signature

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. JAMES VERLYN FERTIG , DEFENDANT.

02811 FECR012499

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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.

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E-FILED 2014 FEB 12 9:40 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIGType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JAMES VERLYN FERTIG , Defendant.

02811 FECR012499

ORDER

Defendant comes before the court for bond review. After discussion with the defendant and the sheriffit was agreed that the defendant should be released on the following conditions:(1) He shall obey all laws of Iowa and the U.S.; (2) He shall not consume any alcohol or illegal drugs;and (3) He shall attend a minimum of two AA meetings per week and provide the clerk of court withproof on a weekly basis.

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State of Iowa CourtsCase Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIGType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )

)

PLAINTIFF ) Crim No.FECR012499

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

JAMES VERLYN FERTIG )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box

392, 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 preliminary

hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715

Fax: (712) 662-4884

Original filed

Copy to: County Attorney


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012499 Plaintiff, vs. TRIAL INFORMATION

JAMES VERLYN FERTIG,DOB: 03/05/1940 Defendant.

COUNT ICOMES 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, James Verlyn Fertig ofthe crime of THREAT OF TERRORISM, a Class D Felony in violation of Iowa Code Sections708A.5 and 708A.1 committed as follows: The said Defendant, James Verlyn Fertig, on or about February 8, 2014 in the County

of Sac and State of Iowa, did unlawfully and willfully threaten to commit terrorism or threaten to

cause terrorism to be committed, causing a reasonable expectation or fear of the imminent

commission of such an act.

COUNT IICOMES 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, James Verlyn Fertig ofthe crime of FELON IN POSSESSION OF FIREARM OR OFFENSIVE WEAPON, a Class DFelony in violation of Iowa Code Section 724.26 committed as follows: The said Defendant, James Verlyn Fertig, on or about February 10, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully, being a convicted felon, knowingly

have under his dominion and control, receive, transport or cause to be transported, a firearm or

offensive weapon, to-wit: Five guns and ammunition for said guns, at his residence at 3129

340th Street Lake View.

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]


mailto:[email protected]

THE STATE OF IOWA vs. JAMES VERLYN FERTIGCriminal No. FECR012499COUNT I: Threat of TerrorismCOUNT II: Felon in Possession of Firearm or Offensive Weapon

NAMES OF WITNESSES:

KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT

SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF’S DEPARTMENT

LINDA WIRTJES, 911 DISPATCHER, SAC COUNTY E911

LAURA FELDHANS, 911 DISPATCHER, SAC COUNTY E911


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIG

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 2014-02-26 16:09:33 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs JAMES VERLYN FERTIG , Defendant.

Case No: 02811 FECR012499 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 Hearing isscheduled on 03/19/2014 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 shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney


State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIG

So Ordered

Electronically signed on 2014-02-26 16:09:34 page 2 of 2


Date Type of Meeting Location Verified By Phone #

09-

1 - ' 7 ^ ^

ri 2- 4A>

AL Vf i UH vT.,..6-

'••! WO; 3VS

3 loiaism

IN THE IOWA DISRICT COURT FOR SAC COUNTY

51ATE OF IOWA. CRIMINAL NO FECRO12499

WRITTEN ARRAIGNMENT,

PLEA OF NO'I- GUILTY

Date Trial Information ftled: 0212612014

Vs.

JAMES VI:I{LYN Ftrltflc

Defendant

CON4ES NOW thc Defendar.rt in the abovc-captioned criminal case and under oath states:

l. I anr reprcserlted by Attorney Charles A. Schulte. tvhosc address and phone number are.121 Main St. . PO Box 392. Sac City. IA. 50583: (712) 662-4715.

2. Ml culrcnt rnailir.rg and residence address and phone number arc 3129 J40'h St.' Lake

View. IA 51450. My phonc number is:712-790-8872. My date of birth is 03-05-1940. I

can read and understand the English language and have completed the following level of

educat iou: l2 Years.

'1. I have bcen adviscd b-v my attorney and understand that I have a right to arraignment

in open Court. ar.rd I volr-u.rtarily waivc that right. choosing instead to sign this Written

Arraignnrent and Plea ofNot Guilty. I understand that times for further proceedings

which are conputed fror.n the date of arraignment will bc computed from the date of

filing this Written Arraignment and Plea of Not Guilty.

5. I have received a copy of the Trial lnformation which charges me r.l'ith the crime of

COUNT I: TIIREAT OF TERRORISM in violation of Iowa Code Section 7084.5;

COUNT II: DOMINION OR CONTI{OL OF A FIREARM BE A FELON in

violation of lowa Code Scction 724.26(l)'

6. With regard to the name by which I am charged in the'frial Information (either check' ' l . r ' '

. r l chcek a}d curr lp lete "b") :,/

/0 /c,. The name on the l'rial Information is my true name. I have been advised

and und(rstend that I anr nou,precluded from objecting to the Trial Information upon the

ground that I an, improperly named.

( )b. The namc shomr on the Trial Information is not my true name. My true

namc is. I request that an entry be made in the minutes showing my true name. I have

been advised and understand further proceedings will be had against me by that name.

thc Trial lnlbrmation will be amended accordingly, and when the Trial Information is so

amended. I n'ill be precluded lrom objecting upon the grounds I am improperly named

7. I have been advised and understand that I may plead guilty, not guilty or lbrmer

E-FILED 2014 MAR 18 9:52 AM SAC - CLERK OF DISTRICT COURT

conviction or acquittal.

8. For the purpose of this araignment, I have had sufficient time to discuss my case withm)' attorney, and I n'aive any further time in which to enter a plea.

9. I plead NOT GUILTY to thc charges in paragraph 5 abovc.

10. I have been advised and understand that I have a right under Rule 2.33(2)(b) of thc

Iowa Rules o.f Crimfool Procedure Io a trial within ninetl days/one year after the filing of

the Trial Infonyt{ton and (check either "a" or "b"):/t

i . ' /( 1/a. I demand speedy trial pursuant to Rule 2.33(2)(b) and (c).

( ) b. I waive my right to a speedy trial pursuant to Rule 2.33(2Xb) and (c).

11. I request that a trial date be set pursuant to Rule 8.1 ofthe lou'u Rules of'CriminalProcedure. My attomey and I will be available for trial on the following days: Any

Time.

lbr bndar.rt

Original to be filed with Clerk of CourtCopy provided to:Sac County Attorney

E-FILED 2014 MAR 18 9:52 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. JAMES VERLYN FERTIG , Defendant.

Case No: 02811 FECR012499 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on March 18, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 05/07/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 05/13/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 MAR 18 12:41 PM SAC - CLERK OF DISTRICT COURT

Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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State of Iowa CourtsCase Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIGType: ORDER SETTING TRIAL

So Ordered


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fe cr 012499

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