smcr012736 - case of lytton man accused of domestic abuse assault dismissed.pdf

8/9/2019 SMCR012736 - Case of Lytton man accused of Domestic Abuse Assault dismissed.pdf

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SAC COUNTY

15-685 Agency Case Number:

Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

TAYLOR

Last

JAMES

First

BRIAN

Middle Suffix

517 CHESTNUT ST

Address

LYTTON

City

IA

State

50561

Zip Code

8/2/1966

Date of Birth

MALE

Gender

HITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

6' 00"

Height

200 LBS

Weight

BLUE - BLU

Eye Color

BROWN - BRO

Hair Color

OFFENDER

State Local

708.2A(2)(A)

Code Section

DOMESTIC ABUSE ASSAULT- 1ST OFFENSE

Crime Description

SMMS

Class

20 - RESIDENCE/HOMELocation Type

6TH ST AND CHESTNUT AVE

Literal Description

517 CHESTNUT

Address

LYTTON

City

IA

State

50561

Zip Code

YES

Is Date and Time of Incident Known?

01/22/2014

Incident Date or Low Range Upper Date Range

00:30

Incident Time or Low Range Upper T ime Range

OFFENSE

TAKEN INTO CUSTODY CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

assault ___, a residing household member

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

assault ___, a residing household member

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

BIRD

Last

LISA

First

MARIE

Middle Suffix

Business/Organization/State/County/Municipality Name

517 CHESTNUT ST

Address

LYTTON

City

IA

State

50561

Zip

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

On January 22, 2014 at approximately 12:30 AM, the defendant slapped the victim on the left cheek during an argument. No visible injuries were notedby the victim or law enforcement. The defendant and victim have had a romantic relationship for the previous five years andOn January 22, 2014 at approximately 12:30 AM, the defendant slapped the victim on the left cheek during an argument. No visible injuries were notedby the victim or law enforcement. The defendant and victim have had a romantic relationship for the previous five years and

of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-6851 21/22/2015 8:07 AM

E-FILED 2015 JAN 22 8:06 AM SAC - CLERK OF DISTRICT COURT


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both live at the residence at 517 Chestnut St. in Lytton, Ia.both live at the residence at 517 Chestnut St. in Lytton, Ia.

HATTERMAN, JOHN 81-6

Signature of Complainant or Officer, Officer Name & Number

07 - IDENTIFIED BY WITNESSES

Defendant Implicated

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

SAC COUNTY

01/22/2015

KAREN KIMENotary Name Signature of Verifying Party

777584Commission Number

03/21/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-6852 21/22/2015 8:07 AM 2 21/22/2015 8:07 AM



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection Case No. 02811 SMCR012736

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: 01/22/2015

PROTECTED PARTY: Lisa Marie Bird Other Protected Persons:

STATE OF IOWA, VS

DEFENDANT: Defendant Date of Birth: 8-02-14

JAMES BRIAN TAYLOR

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.

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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 $

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 TitleSMCR012736 STATE OF IOWA VS TAYLOR, JAMES BType: NO CONTACT ORDER

So Ordered

Electronically signed on 2015-01-22 10:32:35

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

vs.

JAMES BRIAN TAYLOR , Defendant.

Case No: 02811 SMCR012736

ORDER ON INITIAL APPEARANCE

Charges:01 - 708.2A(2)(a) - DOMESTIC ABUSE ASSAULT- 1ST OFFENSEMandatory minimum two days in jail and completion of a batterer's education program if convicted.Upon review of the complaint and accompanying affidavits, the court finds: The nature of the charge(s) is that it is a: Simple Misdemeanor. This charge ordinarily carries a penalty of a fine of not less than $65 nor

greater than $625 and up to 30 days in jail, except in special cases where the minimum fine is $NA.In the event that a fine is imposed there will also be a 35% surcharge added plus court costs. RECITATION OF RIGHTS:

You have the absolute right to remain silent. Anything you say will be used against you.

You are presumed by law to be innocent of the offense(s) charged unless found guilty by proofbeyond a reasonable doubt.

You have the right to be represented by an attorney and that one will be appointed for you if you

qualify. You must fill out an application if you want court appointed counsel.

MANDATORY SUBSTANCE ABUSE EVALUATION: You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at: New Opportunites, Sac City, 712-662-7921 Compass Point, Storm Lake, 712-732-5136or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Courtat 100 NW State St., Ste. 12, Sac City, IA 50583.

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YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILLRESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIALRELEASE. TERMS OF RELEASE:

You will be released from custody prior to trial on your own promise to appear at all further court

proceedings. If you willfully fail to appear before the court as required, you shall be guilty of a DFelony/Serious Misdemeanor. During your release:

You shall not consume any alcohol or illegal drugs during the pendency of this matter.

You shall not drive while your license is suspended.

You must obey all the laws of Iowa and the United States.

Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assuredthat you will appear at all court proceedings in the future and therefore the court imposes the following

conditions on your release:

You shall not consume any alcohol or illegal drugs during the pendency of this matter.

You shall not drive while your licens is suspended.

You must obey all laws of Iowa and the United States.

You must post a bond in the ammount of $.

DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTENREQUEST. Condition of release is to abide by terms of no contact order entered in this matter.

The Defendant enters a plea of not guilty and this matter should be referred to Magistrate Bush forsetting of a trial date.

PRELIMINARY HEARING Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine

whether 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 in this county. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: 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.

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IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROMTHIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HISCONVENIENCE 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 Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County AttorneyDefendantSac County Sheriff

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Case Number Case TitleSMCR012736 STATE OF IOWA VS TAYLOR, JAMES BType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division

THE STATE OF IOWA, )

PLAINTIFF ) NO: SMCR012736

)VS. ) APPEARANCE &

) PLEA OF NOT GUILTY

JAMES BRIAN TAYLOR )

DEFENDANT )

________________________________________________

COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 662-4715 and hereby enters his appearance on behalf of the defendant, pleads not guilty and

waives speedy trial herein.

Respectfully Submitted,

/S/ Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C421 Main St. PO Box 392

Sac City, IA 50583

(712) 662-4715

Original filedCopy to: County Attorney



15/18

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff(s), Case No: 02811 SMCR012736

vs Order Setting Trial

JAMES BRIAN TAYLOR ,

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 02/23/2015 at 10:00 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.

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E-FILED 2015 JAN 27 4:07 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleSMCR012736 STATE OF IOWA VS TAYLOR, JAMES BType: ORDER SETTING TRIAL

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

(Magistrate Division)

STATE OF IOWA,

Painti!!,

v"

#AMES $RIAN TAY%OR,

De!en&ant"

No" SMCR'*+

ORDER -RANTIN- DISMISSA%

(RU%E "++)

T.is /atter 0a/e 1e!ore t.e Co2rt on t.e State3s re42est !or t.e 0o/5aint to

1e &is/isse& 52rs2ant to R2e "++" T.e State a55eare& 16 Sa0 Co2nt6 Attorne6

$en S/it." De!en&ant a55eare& 16 .is attorne6, C.207 S0.2te"

T.e Co2rt, 25on revie8ing t.e re0or&, in02&ing t.e 5arties agree/ent t.at

t.is /atter 1e &is/isse& 8it. 0osts to De!en&ant, an& 1eing a&vise& in t.e

5re/ises, FINDS t.e State in!or/e& t.e Co2rt t.at t.e aege& vi0ti/ as7e& t.e

State /2ti5e ti/es to &is/iss t.is 0ase an&, t.ere!ore, t.e interests o! 92sti0e

an& 92&i0ia e0ono/6 8o2& 1est 1e serve& 16 &is/issing t.is 0ase"

IT IS THEREFORE ORDERED t.at t.e 0o/5aint s.a 1e an& is &is/isse&

8it. :'"'' 0o2rt 0osts to De!en&ant" T.e De!en&ant is HERE$Y NOTIFIED t.at

t.e a/o2nt 1e0o/es 5ast &2e i! not 5ai& 8it.in t.irt6 (+') &a6s o! t.is Or&er"



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Type: OTHER ORDER

Case Number Case Title

SMCR012736 STATE OF IOWA VS TAYLOR, JAMES B

So Ordered

Electronically signed on 2015-01-30 12:24:48 page 2 of 2


smcr012736 - case of lytton man accused of domestic abuse assault dismissed.pdf

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