AGCR012668 - Case of Lake View accused of Eluding dismissed.pdf

8/9/2019 AGCR012668 - Case of Lake View accused of Eluding dismissed.pdf

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E-FILED 2014 OCT 12 9:15 PM SAC - CLERK OF DISTRICT COURT


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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:

The defendant must post a cash only bond in the amount of $2,600, $2,000 for the eluding chargeand $200 for each of the simple misdemeanors.

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 10/20/2014 at 11:00 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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E-FILED 2014 OCT 13 10:54 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-10-13 10:53:50

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. RALPH J FREESE ,

DEFENDANT.

02811 AGCR012668

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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Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER APPOINTING

So Ordered


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THE STATE OF IOWA, )Plaintiff ) AGCR012668

)

Vs. ) APPLICATION FOR) RELEASE FROM CUSTODYRALPH J. FREESE )

Defendant

______________________

COMES NOW the defendant, Ralph J. Freese, through his court appointed

attorney, Charles A. Schulte, and states:

1. The Defendant is in custody and does not have the ability to post bond.

2.

The Sac County Attorney has no objection to his release upon his own promise to

appear at future proceedings.

WHERFORE: the Defendant prays the Court to enter an order releasing him fromcustody during the pendency of this action upon his promise to appear at future

proceedings.

Respectfully submitted,

/s/ Charles A. Schulte AT0007137

Schulte Law Firm, L C421 Main St., P.O. Box 392Sac City, IA 50583

(712) 662-4715

Fax: (712) 662-4884

[email protected]


mailto:[email protected]:[email protected]:[email protected]


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STATE OF IOWA

Plaintiff

VS RALPH J FREESE

Defendant

02811 AGCR012668

ORDER

This matter comes before the court on the defendant's application for release without bond. Based onthe facts recited in the citation and the court's discussion with the defendant's passenger during hiseluding offense in which he told the court that he told the defendant to stop the car but the defendantrelied that "he needed to run" the court believes that the defendant is a flight risk, and based onthe facts alleged in the complaint the court gave serious consideration to making a finding that for

purposes of public safety the defendant should be held without bond.

In light of the foregoing the defendant's motion is denied. If the defendant wants a hearing is will beheld on October 20, 2014 at 11:00 a.m.

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Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: OTHER ORDER

So Ordered


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STATE OF IOWA

Plaintiff

VS RALPH J FREESE

Defendant

02811 AGCR012668

ORDER

This matter comes before the court on the defendant's application for release without bond. Based onthe facts recited in the citation and the court's discussion with the defendant's passenger during hiseluding offense in which he told the court that he told the defendant to stop the car but the defendantrelied that "he needed to run" the court believes that the defendant is a flight risk, and based onthe facts alleged in the complaint the court gave serious consideration to making a finding that for

purposes of public safety the defendant should be held without bond.

In light of the foregoing the defendant's motion is denied. If the defendant wants a hearing is will beheld on October 20, 2014 at 11:00 a.m.

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So Ordered


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STATE OF IOWA

Plaintiff

VS RALPH J FREESE

Defendant

02811 AGCR012668

ORDER

This matter comes before the court for bond review. The issues before the court are whether thedefendant is a flight risk and also whether he is likely to create a risk to the public if he has released.The fact that the defendant eluded law enforcement is of grave concern to the court since not onlydid it pose a risk to the defendant and his passenger but also to others using the roadways. The courthas had a discussion with the defendant about its expectations if he is released and the defendant

has agreed that he will comply with the following conditions. First, he is not to use any alcohol,tobacco products or illegal drugs pending disposition of the charges. Second, he is to immediatelytake action to secure employment and shall report to the court on a weekly basis the actions takenand the results of those actions. That report can either be provided in person or by calling 712 - 664- 2892. Third, he shall obey all laws of the state of Iowa and the United States. Fourth, he specificallyshall not drive while his license remains suspended or will he is barred from driving. In the event thatthe defendant violates the terms of this release order then he shall be arrested and held in the SacCounty Jail pending trial on the underlying charges.

Copy Provided to Defendant

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So Ordered


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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

RALPH J FREESE ,

Defendant.

Case No: 02811 AGCR012668

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 isscheduled on 11/19/2014 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 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

E-FILED 2014 NOV 07 8:46 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

AGCR012668 STATE VS RALPH JOHN FREESE

So Ordered

Electronically signed on 2014-11-07 08:47:10 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.RALPH JOHN FREESE,

DOB: 4-18-1994

Defendant.

CASE No. AGCR012668

TRIAL INFORMATION

COUNT 1

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, RALPH JOHN FREESE (“Defendant”) of the crime of ELUDING OR

ATTEMPTING TO ELUDE PURSUING LAW ENFORCEMENT VEHICLE, an

Aggravated Misdemeanor in violation of Iowa Code section 321.279(2)

committed as follows: On or around October 12, 2014, in Sac County, Iowa,

Defendant, while driving a motor vehicle, willfully failed bring the motor vehicle to

a stop or otherwise eluded or attempted to elude a marked official law

enforcement vehicle that is driven by a uniformed peace officer after being given

a visual and audible signal as provided in this section and in doing so exceeded

the speed limit by twenty-five miles per hour or more.



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A TRUE INFORMATION

_________________________

Benjamin John SmithSac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]



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WITNESS LIST

NATHAN BOECKMAN, Peace Officer, Lake View Police Department



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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




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STATE OF IOWA,

Plaintiff,

v.

RALPH J FREESE ,

Defendant.

02811 AGCR012668

ORDER RESCHEDULING ARRAIGNMENT

Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 12/03/2014

at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that set

forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:

County Attorney

Defendant

Defense Counsel

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E-FILED 2014 DEC 02 12:18 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER FOR CONTINUANCE

So Ordered


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IN

THE IOWA

S ATE OI IOWA.

DISRICTCOURTFOR SAC COUNTY

Vs.

RAI,PII

OHN REESE.

Defendant

CRIMINAI,

O.AGCRO12668

WRI'IfEN ARRAIGNMENT,

PLEAOFNOT GUILT'Y

Date

Trial Information iled: 11/07/2014

COMESNOW

the Defendantn the above-captioned

rimir.ralaseand

underoathstates:

1. am

representedy AttorneyCharles

. Schulte.

'vhose

ddress

nd

phone

number

are

, t21

Main Sr. ,PO

Box 392.SacCity. A. 50583;(712)

62-4715.

2. Ml culrentmailing

and esidcncc ddress nd

phone

numbcrare 104

\'. I'' St.,P.O.

I lox 502.Wal l Lake. A 51466.My phonc umbers: 712-664-297. My date 1-bir ths

04-18-1994.

can eadandunderstand

he English

anguage ndhavccompletedhe

following er,'el f

education:2 Years.

4. I havebeen

advised vm)'attorney

andunderstandhat

havea right o anaignment

in open

-'ourt,

nd voluntarily

n'aive hat ight.choosing

nstcad o sign his

Written

Arraigr.rmcnt

ndPleaof

Not Guiltl . I understand

hat imes br

l

urther

procccdings

whicharecomputed

rorl the dateof arraignment

ill be computed

rom the dateof

filing

this WrittenArraignment

ndPlcaof Not Guilty.

5. I have eceived copy of the lrial Inlbrmation 'hichchargesme

u'ith thc crimeof

COUNT

I: ELUDING

OR ATTEMPTING

TO ELUDE

PURSUING

LAW

ENFORECEMENT

VEHICLE

in violation of lo*'a Code

Scction321'279(2)'

6. With regard

o the nameby

which I am cl.rarged

n tlie Trial h.rfbrmation

eithcr

check

a

or check

andcomplete b ):

,/'

\

i{

tlte nameon

theTrial Inlbrmation

s my true name.

I havebeenadvised

andunderstand

hat am

now

precluded

rornobjccting

o he'l

rial Information pon

he

ground

hat

anr mproperll'

.ramed.

( )b. The nameshorvn n thc

l

rial Informations not my truename. My true

name s. I

requesthatan entry

be made n the

minutes horving

my truename.

I hal'e

been

advised nd

understand

urthcr

proceedings

ill

be hadagainst

me by that

name.

thc Trial

Information

will be amended

ccordingly, nd

when he Trial

Information

s so

amended.

u'ill be

precluded

rom objecting

pon

hc

grounds

am

n.rproperll'

amcd.

7. I have

bccnadvised

nd understand

hat

may

plcadguiltl'. not

guilty

or

fotmer

conviction

r acquittal.



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8.

For he

purposc

f this anaignment, have

had

sufficient

ime o discussmy case

'ith

my attorney, nd

u'aive

any

urther

ime

n rvhich o entcra

plea.

9. I

plead

NOT GIIILTY 1o

he

charges

n

paragraph

abovc.

10. I havebecnadvised ndunderstandhat

havea right underRule 2.33(2)(b) fthe

Iov'a Ruleso/ CrintinalProcedure o a

trial r 'ithinninctydays/one

ear

after he

iling of

the l'rial nlbrmationand

check

either a

or

b ):

(

)

a. I dernand peedy

rial

pursuant

o Rule 2.33(2)(b) nd

c) .

(y),6

T

r'aive

rl right to a speedyrial

pursuar.rto Rul c 2.33(2)

b)

and

c) .

11. I

requesthata trial datebeset

pursr-lant

o Itulc 8.1 of the ̂ /ol,a

Ruleso/ Criminal

Procedurc.

My attorncyand will be available

iir trial on the

ollowing days:Any

Time.

Original

to bc filcd with Clerk

of Court

Copy

provided

to :

CounQ

Attorney

Attorney for Def-endant



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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. RALPH J FREESE ,

Defendant.

Case No: 02811 AGCR012668

RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on December 2, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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 THE

DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 01/27/2015 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 the

Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling

the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions

are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall

comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the

depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to

I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of

I.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 for

discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including

any evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 DEC 03 8:46 AM SAC - CLERK OF DISTRICT COURT


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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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Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

RALPH J. FREESE,

Defendant.

Case No. AGCR012668

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On January 21, 2015, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by his attorney, Chuck Schulte. The parties, throughthe undersigned, represent the following to the Court:

1. A tentative plea agreement has been reached the terms of which are

as follows: The defendant has agreed to plead guilty to Count 1 of the Trial

Information, and the State has agreed to recommend the following to the Court:

1) that the defendant receive a 6-month jail sentence, with all but the time

defendant has already served, suspended; 2) that the defendant pay all

applicable court costs and fees; 3) that the minimum fine be suspended; 4) thatdefendant be placed on informal probation with the Sac County Probation Office

for a period of one year; and 5) that the three “companion” citations filed in

SMCR012669, as well as those filed in STA0021774, STA0021775, and

STA0021776, be dismissed with costs to defendant.

2. Defendant intends to submit a written guilty plea by February 4, 2015.

Defendant intends to waive presence at sentencing. Defendant intends to waive

time between plea and sentencing.

E-FILED 2015 JAN 21 4:00 PM SAC - CLERK OF DISTRICT COURT


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__________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2015 JAN 21 4:00 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff, vs.

RALPH J FREESE ,

Defendant.

02811 AGCR012668

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 submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 02/04/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If a sentencing hearing in open court is required the Defendant shall so state in the written plea. 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 2015 JAN 22 10:22 AM SAC - CLERK OF DISTRICT COURT


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So Ordered


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E-FILED 2015 JAN 22 10:22 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff / Petitioner, vs.

RALPH J FREESE ,

Defendant / Respondent.

02811 AGCR012668

ORDER OF CONTINUANCE

Upon application of the Defendant and with the agreement of the State of Iowa:

This matter is continued, Hearing is scheduled on 02/18/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2015 FEB 04 11:55 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleAGCR012668 STATE VS RALPH JOHN FREESEType: ORDER FOR CONTINUANCE

So Ordered


2 of 2



35/37

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

RALPH JOHN FREESE,

Defendant.

Nos. AGCR012668, STA0021774,

STA0021775, STA0021776,

SMCR012669

MOTION TO DISMISS PURSUANT TO

IOWA R. CRIM. P. 2.33

COMES NOW the State of Iowa, through Sac County Attorney Ben Smith,

and states the following in support of its Motion to Dismiss:

1. Since Defendant’s arrest, Defendant has obtained meaningful,

fulltime employment, and will soon be able to obtain his driver’s license.

2. The parties have agreed to dismiss this matter, and all the ancillary

simple misdemeanor citations, without prejudice, to afford Defendant a final

opportunity to prove he can be a regular contributing member of society.

3. Defendant understands that if he has any further violations of the

law, or fails to maintain meaningful, fulltime employment, or fails to pay costs, the

State will re-file, and prosecute all the charges herein to the fullest extent of the

law.

4. Law enforcement is in agreement with this course of action.

WHEREFORE, based on the foregoing, the State respectfully requests

that the Court dismiss this case without prejudice, with costs to the Defendant,

and order such other reliefs the Court deems just and equitable in the premises.

____________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]



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STATE OF IOWA,

Plaintiff,

vs.

RALPH JOHN FREESE,

Defendant.

Case Ns. A!CR"#$%%&, STA""$#''(,STA""$#''), STA""$#''% and

S*CR"#$%%+

ORDER

NOW, n tis #"t

da- f Fe/0a/-, $"#), te 10/t is in /e1ei2t f te State3s

*tin t Dis4iss te ave51a2tined 1ases. Te *tin states 6d 1a0se ands0ld e 6/anted.

IT IS THEREFORE ORDERED tat te State3s *tin t Dis4iss is 6/anted.

Te ave51a2tined 1ases a/e dis4issed and 1sts a/e ta7ed t te Defendant.

Cle/8 t f0/nis 12ies t9Sa1 C0nt- Att/ne-Defense C0nsel

E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



STA0021776 STATE vs. FREESE, RALPH JSTA0021775 STATE vs. FREESE, RALPH J

STA0021774 STATE vs. FREESE, RALPH J

SMCR012669 STATE VS RALPH JOHN FREESE

So Ordered


E-FILED 2015 FEB 10 2:59 PM SAC - CLERK OF DISTRICT COURT

AGCR012668 - Case of Lake View accused of Eluding dismissed.pdf

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