SMCR012709 - Case of Sac City woman accused of Contributing to the Delinquency of a Minor...

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Transcript of SMCR012709 - Case of Sac City woman accused of Contributing to the Delinquency of a Minor...

Page 1: SMCR012709 - Case of Sac City woman accused of Contributing to the Delinquency of a Minor dismissed.pdf
Page 2: SMCR012709 - Case of Sac City woman accused of Contributing to the Delinquency of a Minor dismissed.pdf

SAC COUNTY JUDICIAL MAGISTRATE COURT WARREN L.BUSH/JOSEPH J.HEIDENREICH,JUDICIAL MAGISTRATES

(712)662-7791, S A C CITY, IOWA 50583 ^

BOND AGREEMENT

I , GERRY,LEXI LYNN (PLEASE PRINT), have been charged w i t h the

crime of: CONTRIBUTING TO THE DELOQUENCY OF A MINOR 709.2 and promise t o appear i n the Sac County M a g i s t r a t e Court on the

1st day of DEC. \ ,2014, at8:.30 AM

(CHECK #1 OR #2 1. My appearance bond has been set at ,and I ^ agree to post all of such bond or 10% as allowed in ^~

ro 2. I have been r e l e a s e d on my own recognizance pending my**

appearance at M a g i s t r a t e Court.

understand I have the r i g h t to be represented by an a t t o r n e y .

I f ^ l cannot a f f o r d one, one w i l l be appointed f o r me upon a p p l i c a t i o n .

j ^ l ^ c t s ^ b ^ ^ understand there are severe p e n a l t i e s f o r f a i l i n g to honor t h i s agreement.

/sC 2rSg=V^ understand my f a i l u r e to appear at the designated date w i l l cause

o cn — I

noc;

1%

this agreement to become null and void and a warrant for my arrest w i l l be issued by the Ju d i c i a l Magistrate.

Signature of Inmate

Bond posted by:

Address:

Amount: Dated:

The p a r t y who posted the bond agrees t h a t any f i n e s , surcharges, c o s t s , r e s t i t u t i o n and other amounts owed may be p a i d therefrom upon d i s p o s i t i o n . That p a r t y f u r t h e r agrees t h a t , i f any sums remain, i t may be used f o r repayment of accrued or a c c r u i n g room and board charges d u r i n g i n c a r c e r a t i o n i n j a i l .

Signature of Person Posting Bond (Surety)

R e c e i v e d b y :

Jailer

Clerk of Court/Designee

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SAC COUNTY

2014-12908Agency Case Number:

11/22/2014Arrest 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

GERRY

Last

LEXI

First

LYNN

Middle Suffix

515 PLATT ST

Address

SAC CITY

City

IA

State

50583-0000

Zip Code

10/18/1996

Date of Birth

FEMALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

5' 00"

Height

102 LBS

Weight

BLUE - BLU

Eye Color

BLACK - BLK

Hair Color

OFFENDER

State Local

709A.2

Code Section

CONTRIBUTING TO THE DELIQUENCY OF A MINOR

Crime Description

SMMS

Class

13 - HIGHWAY/ROAD/ALLEY

Location Type

US 71/370TH ST

Literal Description

3200 HIGHWAY 71/175

Address

AUBURN

City

IA

State

51433

Zip Code

YES

Is Date and Time of Incident Known?

11/22/2014

Incident Date or Low Range Upper Date Range

06:50

Incident Time or Low Range Upper Time Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

encourage _JM_, a child under 18 years of age to commit an act of delinquency as defined in Chapter 232

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

Narrative of Offense Committed

NARRATIVE

encourage _JM_, a child under 18 years of age to commit an act of delinquency as defined in Chapter 232

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

Narrative of Offense Committed

NARRATIVE

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 November 22, 2014 at approximately 6:30 AM Sac County 911 received a call from CT advising she was behind a vehicle traveling at a very low speed and was all over the road. I then got behind the vehicle, which was a maroon pontiac Grand AM bearing IA 201XOD. As I was behind the vehicle I observed the vehicle to go off the road onto the shoulder. I then activated my emergency lights and the vehicle drove directly into the south ditch of Highway 17571. When I approached the vehicle, I observed a female driver, LG and a male passenger. While speaking with driver I observed her to have a very slurred speech. I then asked LG to have a seat in my patrol vehicle. While speaking with LG, I observed her pupils to be very large. I then asked LG to step out of my vehicle. I then conducted field sobriety tests on LG. LG performed poorly on the tests. I then contacted a DRE. While down at the Sheriff's Office speaking to JM he stated that him and LG went to a residence in Wall Lake where they smoked under a gram of marijuana.

On November 22, 2014 at approximately 6:30 AM Sac County 911 received a call from CT advising she was behind a vehicle traveling at a very low speed and was all over the road. I then got behind the vehicle, which was a maroon pontiac Grand AM bearing IA 201XOD. As I was behind the vehicle I observed the vehicle to go off the road onto the shoulder. I then activated my emergency lights and the vehicle drove directly into the south ditch of Highway 17571. When I approached the vehicle, I observed a female driver, LG and a male passenger. While speaking with driver I observed her to have a very slurred speech. I then asked LG to have a seat in my patrol vehicle. While speaking with LG, I observed her pupils to be very large. I then asked LG to step out of my vehicle. I then conducted field sobriety tests on LG. LG performed poorly on the tests. I then contacted a DRE. While down at the Sheriff's Office speaking to JM he stated that him and LG went to a residence in Wall Lake where they smoked under a gram of marijuana.

ERSKINE, KRISTAN 81-8

Signature of Complainant or Officer, Officer Name & Number

of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2014-129081 211/26/2014 8:20 AM

E-FILED 2014 NOV 26 8:20 AM SAC - CLERK OF DISTRICT COURT

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02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS

Defendant Implicated

Sac - 81

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

GENERAL PROBABLE CAUSE

SAC COUNTY

11/22/2014

ANNA ANDERSONNotary Name Signature of Verifying Party

749271Commission Number

10/04/2016My 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 #:PagePrinted At of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2014-129082 211/26/2014 8:20 AM 2 211/26/2014 8:20 AM

E-FILED 2014 NOV 26 8:20 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. LEXI LYNN GERRY , Defendant.

Case No: 02811 SMCR012709

APPEARANCE

Action:Date Filed: Charge(s):01 - 709A.2 - CONTRIBUTING TO THE DELIQUENCY OF A MINOR The Defendant appears and enters a not guilty plea to the above listed charge(s). This chargeis a simple misdemeanor and conviction carries a maximum penalty of $625.00 Fine plus 35%Surcharge and/or a term of confinement in the Sac County Jail not to exceed 30 days, plus CourtCosts. OR This matter should be set for Trial. OR Based upon Defendant's guilty plea, the Court orders Defendant to pay a Fine of $, Surcharge of$ and Court Costs of $, all to be paid within days under penalty of Contempt. In addition, Defendant shall pay a Law Enforcement Initiative Surcharge of $125.00 pursuant toSection 911.3. (For violations under 124, 155A, 453B, 713, 714, 715A, 716, 719.8, 725.1 and 725.2 &725.3). In the event that the Fine, Surcharge, Court Costs are not paid within the prescribed period, thenDefendant shall appear on the day of , at o'clock to show cause why he/she should not be found inContempt of Court for failure to obey this Court Order.

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E-FILED 2014 DEC 01 8:53 AM SAC - CLERK OF DISTRICT COURT

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Defendant is advised that the sentence for Contempt shall be a Fine of not less than $65.00 and notmore than $650.00 plus 35% Surcharge and Court Costs. AND/OR By confinement in the Sac County Jail for a period not to exceed 30 days and payment of CourtCosts. TOTAL DUE: $ TO BE PAID BY . All payments shall be made to: Clerk of Court 100 NW State Street, Suite 12 Sac City, IA 50583 Copies to:

County Attorney The Court has provided a copy to the Defendant

Defendant

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E-FILED 2014 DEC 01 8:53 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleSMCR012709 STATE OF IOWA VS GERRY, LEXI LType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-12-01 08:53:33

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E-FILED 2014 DEC 01 8:53 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff(s), Case No: 02811 SMCR012709 vs Order Setting Trial

LEXI LYNN GERRY ,

Defendant(s). 01 - 709A.2 - CONTRIBUTING TO THE DELIQUENCY OF A MINOR The defendant has entered a plea of not guilty. Non Jury Trial is scheduled on 02/02/2015 at 10:30 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. The court has provided a copy of this order to the defendant.

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E-FILED 2014 DEC 09 3:19 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleSMCR012709 STATE OF IOWA VS GERRY, LEXI LType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-12-09 15:18:50

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E-FILED 2014 DEC 09 3:19 PM SAC - CLERK OF DISTRICT COURT

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Date: 11/24/2014 IN THE IOWA DISTRICT COURT FOR WEBSTER COUNTY

State of IowaPlaintiff

No. SMCR012709vs.

GERRY, LEXI LDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________ Date___1/27/2015_____________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529

E-FILED 2015 JAN 28 12:06 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

(Magistrate Division)

STATE OF IOWA,

Plaintiff,

v.

LEXI LYNN GERRY,

Defendant.

No. SMCR012709

ORDER GRANTING DISMISSAL

(RULE 2.33)

This matter came before the Court on the State’s request for the complaint to

be dismissed pursuant to Rule 2.33.

The Court, upon reviewing the record and being advised in the premises,

FINDS that the State informed the Court that dismissal of the citation issued

herein is in the best interests of justice and judicial economy.

IT IS THEREFORE ORDERED that the complaint shall be and is dismissed

with costs to the State of Iowa.

E-FILED 2015 JAN 30 12:26 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: DISMISSED PER COURT

Case Number Case TitleSMCR012709 STATE OF IOWA VS GERRY, LEXI L

So Ordered

Electronically signed on 2015-01-30 12:26:18 page 2 of 2

E-FILED 2015 JAN 30 12:26 PM SAC - CLERK OF DISTRICT COURT

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X25DNY IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff vs. LEXI LYNN GERRY Defendant

No. 02811 SMCR012709

Order Granting Request for ExpandedNews Media Coverage of Trial or Proceeding

A request for expanded news media coverage of a trial or proceeding scheduled to occur at .m. atthe County Courthouse, , Iowa, has been presented. Notice of the request for expanded news media coverage was sent electronically, delivered byordinary mail, or delivered in person to the last known address of all attorneys of record, partieswithout representation, and the district court administrator for this judicial district. The notice of the request for expanded news media coverage was given as follows: At least seven days before the proceeding for which expanded news media coverage wasrequested. The request is granted as follows: 1. Representatives of the news media may use the following in courtroom coverage of the trial orproceeding (Check each that applies); Photographic equipment, ; Television cameras, ; Electronic sound recording equipment, ; Other electronic devices, . 2. Expanded news media coverage is permitted for every part of such proceeding as allowed underChapter 25 of the Iowa Court Rules except as follows: 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.

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E-FILED 2015 FEB 09 10:33 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleSMCR012709 STATE OF IOWA VS GERRY, LEXI LType: OTHER ORDER

So Ordered

Electronically signed on 2015-02-09 10:33:47

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E-FILED 2015 FEB 09 10:33 AM SAC - CLERK OF DISTRICT COURT