SMCR012751 - Case of Nemaha woman accused of Disorderly Conduct dismissed.pdf

SAC COUNTY

15-140Agency Case Number:

02/06/2015Arrest 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

HORTON

Last

PATRICIA

First

MICHELLE

Middle Suffix

220 S. 3RD ST.

Address

NEMAHA

City

IA

State

50567

Zip Code

11/14/1967

Date of Birth

FEMALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

FL

State

5' 06"

Height

166 LBS

Weight

BLUE - BLU

Eye Color

BROWN - BRO

Hair Color

OFFENDER

State Local

723.4(3)

Code Section

DISORDERLY CONDUCT - ABUSIVE EPITHET/THREATENING GESTUR

Crime Description

SMMS

Class

20 - RESIDENCE/HOME

Location Type

3RD AVE AND MAPLE ST

Literal Description

220 S. 3RD ST

Address

NEMAHA

City

IA

State

50567

Zip Code

YES

Is Date and Time of Incident Known?

02/05/2015

Incident Date or Low Range Upper Date Range

23:53

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

direct an abusive epithet at or make a threatening gesture to another, knowing or having reason to know the behavior was likely to provoke a violent reaction

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

Narrative of Offense Committed

NARRATIVE

direct an abusive epithet at or make a threatening gesture to another, knowing or having reason to know the behavior was likely to provoke a violent reaction

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

Narrative of Offense Committed

NARRATIVE

STADLER

Last

SHIRLEY

First

ANN

Middle Suffix

Business/Organization/State/County/Municipality Name

220 S. 3RD ST.

Address

NEMAHA

City

IA

State

50567

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

Called to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirley advised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side of Called to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirley advised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side of

of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 15-1401 22/6/2015 8:13 AM

E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT

the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain this to Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused and continued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail.

the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain this to Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused and continued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail.

BURNS, JOEL 81-7

Signature of Complainant or Officer, Officer Name & Number

02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME

Defendant Implicated

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

GENERAL PROBABLE CAUSE

SAC COUNTY

02/06/2015

JENNIFER SCHRAMMNotary Name Signature of Verifying Party

786033Commission Number

09/11/2017My 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 15-1402 22/6/2015 8:13 AM 2 22/6/2015 8:13 AM


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. PATRICIA M HORTON , Defendant.

Case No: 02811 SMCR012751

ORDER ON INITIAL APPEARANCE

Charges:01 - 723.4(3) - DISORDERLY CONDUCT - ABUSIVE EPITHET/THREATENING GESTUREDefendant enters a not guilty plea.Upon review of the complaint and accompanying affidavits, the court finds: That there is probable cause to believe that the defendant has committed the offense(s) listed above. 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 norgreater than $625 and up to 30 days in jail, except in special cases where the minimum fine is $.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 youqualify. 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, 712-732-5136

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or 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. 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 courtproceedings. 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 followingconditions 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. PRELIMINARY HEARING 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 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. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM

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THIS 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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State of Iowa CourtsCase Number Case TitleSMCR012751 STATE OF IOWA VS HORTON, PATRICIA MType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2015-02-06 11:22:53

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IN T H E I O W A D I S T R I C T C O U R T F O R O Q C C O U N T Y

Plaintiff

vs.

Defendant

C a s e No . < g > R C ^ O \ 2 ' 1 S 0

Authorization for Return of Cash B o n d Following Arrest and Bond Information

The Defendant has been arrested and cash bond has been posted in the amount of $ for the crime of / J / 5 o>~d €c- I*J •".' (3<>>i(J i t e S H 5 6 * . " I + / P D / « L S - . . IF the Defendant fails to appear at the

time and place when tne Defendant's personal appearance is ordered by the court, the bond posted is eligible for place when the Defendant's personal appearance is ordered by the court, the bond posted is eligible for

forfeiture pursuant to lowa Code section 811.6(1).

C O

TheDefendant shall appear in court on date: - /S" time: ^- -^(gfnfom at S>^<i-

I state that I have posted cash bond for the Defendant and authorize the following (only check one option): oS -^

( ) When the bond has been released please issue a check for the entire amount payable to me.* ~*"Z2

' o ( ) When the bond has been released please pay the defendant's financial obligation, including but nohlimited to fines, surcharges and costs, on the above stated case and then issue a check to me for the balance>0

( ) When the bond has been released please release the money to the defendant. ** (check this option only if the money belongs to the Defendant)

'Pursuant to lowa Code section 602.8103(6), with proper notice, any refund to the person posting the cash bond will be applied to existing criminal debt due and owing to the State of lowa in this county.

All bond refunds will be made by check through the mail.

"Pursuant to lowa Code section 811.8(2) - upon final disposition of a case, the clerk of court shall return the cash bail to the person who deposited the money. Written permission must be obtained if the cash is to be used for or released to anyone other than the person who posted the bond.

I have read and understand the above information. I have checked one box fpr final disbursement of the bond being posted. ^

I'll'1*7 ZLlrjcJlA^ ffl Date Signature of person posting bond

y \ K v , I j | n\ . j (Will be used for verification of identity when bond is released)

Printed Name of Person Posting Bond

^^o "Vd mt Address, City, State & Zip (Make sure the Clerk of Court is kept advised of current address) Phone #

Driver's License No. and State of Issuance Email

Copy of this document was provided to the Defendant on (date)

Printed Name and Title of Person Providing Document Signature of Person Providing Document

IOWA DISTRICT COURT FOR SAC COUNTY

DISTRICT COURT OF IOWA SAC COUNTY

f FILED

STATE OF IOWA, r9 AM 8= 55

PLAINTIFF

APPLICATION TO WAIVE

ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1. I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses.

2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me.

3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice.

4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney.

Defendant

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. PATRICIA M HORTON , Defendant.

Case No: 02811 SMCR012751 ORDER OF DISMISSAL

Pursuant to plea agreement of the parties. IT IS ORDERED that this case is dismissed with costs to the Defendant. IT IS FURTHER ORDERED that any appearance bond posted is exonerated to the person postingthe same. Any companion charges are also dismissed with the costs taxed to the Defendant. Anyoutstanding warrants are rescinded.

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E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSMCR012751 STATE OF IOWA VS HORTON, PATRICIA MType: ORDER OF DISPOSITION

So Ordered

Electronically signed on 2015-03-18 09:16:09

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E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT

SMCR012751 - Case of Nemaha woman accused of Disorderly Conduct dismissed.pdf

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