Odebolt Man Pleads Guilty to Domestic Abuse Assault

8/13/2019 Odebolt Man Pleads Guilty to Domestic Abuse Assault

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E-FILED 2013 SEP 05 10:50 PM SAC - CLERK OF DISTRICT COURT


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

vs. NATHANIEL MICHAEL REED , Defendant. Defendant's Correct Address: 205 W. 6th St., Apt8, Storm Lake, IA

Case No: 02811 AGCR012415

INITIAL APPEARANCE

Charges:01 - 708.2A(2)(A) - DOMESTIC ABUSE ASSAULT (SMMS)Defendant was advised that if he is convicted there is a minimum two day jail sentence.

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 can

and 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 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 2 Years Prison And/Or $minimum $625 fine and maximum $6,250 plus 35% surcharge and court costs

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.

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E-FILED 2013 SEP 06 10:13 AM 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 all

further 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:

Defendant is released on his promise to appear. Terms of release are: You must obey the termsof the no contact order. You must obey all laws of Iowa and the U.S. You are not to consume anyalcohol or illegal drugs during the pendancy of this matter.

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 09/23/2013 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 10

DAYS 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 DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleAGCR012415 STATE VS NATHANIEL MICHAEL REED (SM)

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-09-06 10:12:39

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection Case No. 02811 AGCR012415

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: Sac City, IA 50583. NO CONTACT ORDER

ISSUE DATE: 09/06/2013

PROTECTED PARTY: Melissa Samaniego Other Protected Persons:

STATE OF IOWA, VS

DEFENDANT: Defendant Date of Birth: 1-06-90

NATHANIEL MICHAEL REED

Address for Defendant (not shared address withprotected party)

CAUTION: If checked, FIREARMSWARNING for law enforcement

205 W. 6th St., Storm Lake, IA 50588

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

Iowa Code section 708.2A Domestic Abuse Assualt has occurred. the presence of the defendant in the alleged victim's residence poses a threat to the safety of the

alleged 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, ormembers 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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5. If checked, additional directives:6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of

release. 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 mayoccur 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 sections236.5(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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Case Number Case TitleAGCR012415 STATE VS NATHANIEL MICHAEL REED (SM)

Type: NO CONTACT ORDER

So Ordered


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EN T H E I O WA DISTRICT C O U RT F O R Sac

DISTRICT COUKT OF lOVmSAC COUNTY

FILED

2013 SEP -6 AM II 00

C O U N T Y

S TAT E O F I O WA or

vs.

PlaintifDPetrtioncr,

Defendant/Respondent

J>. \f t o M \ o rl I f n 0 i In Jail? Y es H N o

Do you have ajob? N o Job Yes, Full Time Yes, Part Time (List Hours/week: ~~~~~~~ - )

Who do you work for? * ~

^ per hour month yearow much money do you currently make before taxes o r deductions? _

H ow much money have yo u made in the last 12 months from any source, before taxes or deductions?

How many family members are supported byor live with you? 0

per hour month yearf a spouse lives with you, how much mon ey does your spouse make? Q_

List a ll other moneyypu, or anyone else living in your household, .has comingin: /VI j /v\c (\\ 9^H

List what you ow n including money in banks cars trucks other vehicles land houses buildings cash or anythingelse worth more man 100: ^ r ,

/ ytr : : ;

List amounts yo u pay monthly fo r mortgages, rent, car loans, credit cards, child support, or any other debts:/ .

- a ' _ : 14

M

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

\ \~ ' * \ ~Date ' '} J Signature V A,*. \ ' \ } * J *'

Rev. l/6fl2


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STATE OF IOWA,

PLAINTIFF, VS. NATHANIEL MICHAEL REED ,

DEFENDANT.

02811 AGCR012415

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 Peter Goldsmith, a contract attorney, is appointed.

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Case Number Case TitleAGCR012415 STATE VS NATHANIEL MICHAEL REED

Type: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

NATHANIEL MICHAEL REED,

DOB: 1-6-1990

Defendant.

Case No. AGCR012415

TRIAL INFORMATION

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, accusesdefendant, Nathaniel Michael Reed (defendant) of the crime of DOMESTIC

ABUSE ASSAULT FIRST OFFENSE, a Serious Misdemeanor, in violation ofIowa Code sections 7008.2A(1) and (2), committed as follows: On or aboutSeptember 5, 2013, in Sac County, the defendant either did an act which wasmeant to cause pain or injury or result in physical contact which was insulting oroffensive or place MS in fear of immediate physical contact which would havebeen painful, injurious, insulting or offensive to MS. The defendant had theapparent ability to do the act. The defendant's act caused bodily injury or mentalillness to MS. The act occurred between family or household members whoresided together at the time of the incident or persons who have been family orhousehold members residing together within the past year but not residingtogether at the time of the incident.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834

Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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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

Electronically signed on 2013-10-04 13:16:10 page 2 of 2

E-FILED 2013 OCT 04 1:16 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,Plaintiff,

VS.

NATHANIEL MICHAEL REED,Defendant.

CRIMINAL NO. AGCR !"#!$

ORDER SETTING ARRAIGNMENT AND %OND

T&e TRIAL INFORMATION and t&e MINUTES OF EVIDENCE in t&i' (atte) &a*e+een e a(ined and f- nd t- /-ntain ' ffi/ient e*iden/e, if ne 0lained, t- 1a))ant a/-n*i/ti-n in a t)ial +2 3 )2, t&e)ef-)e, t&i' (atte) '&all +e 'et f-) A))ai4n(ent.

IT IS ORDERED, t&e Defendant '&all 0e)'-nall2 a00ea) f-) A))ai4n(ent at t&e Sa/C- nt2 C- )t&- 'e, Di't)i/t C- )t)--(, Sa/ Cit2, I-1a -n t&e 21 st da2 -f October 2013 at9:00 a.m..

T&e Defendant i' ad*i'ed t&at fail )e t- a00ea) 1ill )e' lt in t&e i'' an/e -f an a))e't1a))ant.

IT IS FURTHER ORDERED, t&e Defendant5' +-nd and /-nditi-n' f-) )elea'e0)e*i- 'l2 'et '&all /-ntin e a' -)de)ed.



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Type: ORDER FOR ARRAIGNMENT


So Ordered



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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. NATHANIEL MICHAEL REED ,

DEFENDANT.

Case No. 02811 AGCR012415

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 18, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Peter A. Goldsmith. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on December 17, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 12/02/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYPETER ANDREW GOLDSMITH

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E-FILED 2013 OCT 21 10:19 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER SETTING TRIAL

So Ordered


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E-FILED 2013 OCT 21 10:19 AM SAC - CLERK OF DISTRICT COURT


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2RCR01


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial

conference.

IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00

a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014

at 11:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

PETER ANDREW GOLDSMITH

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E-FILED 2013 DEC 17 1:40 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleAGCR012415 STATE VS NATHANIEL MICHAEL REEDType: OTHER ORDER

So Ordered


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2RCR01


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


O R D E R

This matter comes to the Court's attention for rescheduling of trial and pre-trial

conference.

IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00

a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014

at 11:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

PETER ANDREW GOLDSMITH

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State of Iowa CourtsCase Number Case TitleAGCR012415 STATE VS NATHANIEL MICHAEL REEDType: OTHER ORDER

So Ordered


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E-FILED 2013 DEC 23 10:50 AM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff, vs. NATHANIEL MICHAEL REED ,

Defendant.

02811 AGCR012415

Order Accepting Pleaand Setting Sentencing

NOW on December 23, 2013, the defendant submits a verified Written Plea of guilty. The

defendant is charged with Domestic Assault, Serious Misdemeanor, in violation of Section 708.2A(1)and 708.2A(2), of the Iowa Code.

The defendant states that defendant is ready to plead and enters a plea of guilty. The writtenplea of guilty shows that the defendant's plea is voluntary, being freely and intelligently made, withan understanding of the charge, with knowledge of the penal consequences of the plea, with fullknowledge of the defendant's constitutional rights, and that said rights are waived by a plea of guilty,without any threats, improper inducements or persuasion, and the Court finds there is a factual basis

for the defendant's plea of guilty.

The written plea indicates the defendant's informed understanding of defendant's rightscontemplated in the cases of State v. Sisco , 169 N.W.2d 542; Brainard v. State , 222 N.W.2d 711; andState v. Reaves , 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea ismade a part hereof by this reference.

The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.

Sentencing Hearing is scheduled on 01/15/2014 at 10:30 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa , in Courtroom 1

To facilitate compliance with Section 690.2, Iowa Code, the defendant shall verify and certifythe defendant's participation in fingerprinting procedures at or before the time set for judgment andsentencing proceedings.

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State of Iowa CourtsCase Number Case TitleAGCR012415 STATE VS NATHANIEL MICHAEL REEDType: ORDER TO ACCEPT PLEA

So Ordered


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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, No. AGCR012415

Plaintiff,vs. JUDGMENT ENTRYNATHANIEL MICHAEL REED, SERIOUS MISDEMEANOR

DOB 01!0"!1##0Defendant.

COUNT I

BE IT REMEMBERED that this matter came on for sentencing. The State isrepresented b Sac !o"nt Attorne #en$amin %ohn Smith, and Defendant is represented b andappears b Attorne at &a' Peter (oldsmith. ) a*ing filed a 'ritten plea of g"ilt herein, 'hichhas been re*ie'ed b this !o"rt and is incorporated herein b this reference, +no's of no legalca"se 'h $"dgment sho"ld not no' be entered, and none appears "pon the record. The !o"rt,therefore, accepts the Defendant s plea of ("ilt and finds that the Defendant is g"ilt of crimeDOMESTIC ABUSE ASSAULT , a Serio"s -isdemeanor, in *iolation of Io'a !ode Section

/0. A213 and Section /0. A2 32b3.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT , p"rs"ant to Sections /0. A213, /0. A2 32b3 and 4/5.1, !ode of Io'a, that the Defendant besentenced to6

1. !onfinement in the Sac !o"nt %ail for a period of si7t 28/3 da s, all $ail time shall bes"spended after Defendant ser*es $%& '()*($o+ '-)-' ' $/o 2 *( (-3 s&)$&) &,'ith credit for time alread ser*ed.

a. The Defendant shall also be assessed the correctional fee charged b the Sac!o"nt Sheriff s Office of 9::.// per da prior to the $ail time being ser*ed.

b. Defendant shall ser*e said sentence 'ithin si7t 28/3 da s of the date of thisorder. If the Defendant has not ser*ed the $ail time at the end of si7t 28/3 da s,the Sac !o"nt Sheriff is ordered at his con*enience, to pic+ "p Defendant toser*e said $ail time.

. Defendant is placed on probation to the Sac !o"nt Probation Officer for a period ofone 213 ear, and d"ring s"ch probation period Defendant shall abide b all the termsand conditions of the probation as set forth on the Probation Agreement.

a. Defendant, 'ithin ho"rs of this %"dgment, shall sign a Probation Agreement'ith the Sac !o"nt Probation Officer at the Sac !o"nt !o"rtho"se, 1// ;WState Street, S"ite 4, nd Floor, Sac !it , Io'a.

b. Defendant shall obe all Federal, State, and local la's and ordinances.

c. Defendant shall timel pa all amo"nts ordered b this %"dgment.



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5. The fine in the amo"nt of 951:.// is hereb s"spended.


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Type: ORDER FOR JUDGMENT


So Ordered



Odebolt Man Pleads Guilty to Domestic Abuse Assault

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