SRCR012615 - Charge of False Imprisonment against Odebolt man dismissed.pdf

8/9/2019 SRCR012615 - Charge of False Imprisonment against Odebolt man dismissed.pdf

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E-FILED 2014 AUG 03 3:08 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,v.DUSTIN ALAN POPE ,

Defendant.

02811 SRCR012615

ORDER

A warrant shall issue for the defendant's arrest with the normal bond requirement for this degree ofoffense. A no contact order was previously issued herein.

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State of Iowa Courts

Case Number Case TitleSRCR012615 STATE VS DUSTIN POPEType: OTHER ORDER

So Ordered

Electronically signed on 2014-08-04 19:50:53

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E-FILED 2014 AUG 06 8:13 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

DUSTIN ALAN POPE,

Defendant.

Case Nos. AGCR012587,

SRCR012615

APPLICATION FOR SPECIALPROSECUTOR

COMES NOW, the State of Iowa by and through the undersigned and

states that the Sac County Attorney has a conflict-of-interest or an appearance

of a conflict of interest in above-entitled cases. The undersigned has consulted

with Assistant Buena Vista County Attorney Matt Speers who indicates that he is

willing and able to represent the State in this matter.

WHEREFORE, the Sac County Attorneys Office requests the Court

appoint Assistant Buena Vista County Attorney Matt Speers as special

prosecutor in this case.

Respectfully Submitted,

__________________________Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2014 SEP 18 11:06 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA 02811 SRCR012615Plaintiff

vs. ORDER APPOINTING

DUSTIN ALAN POPE SPECIAL PROSECUTOR Defendant

BE IT REMEMBEREDthis matter came before the Court upon application of the CountyAttorney.

THE COURT FINDSthat a special prosecutor should be appointed.

IT IS THEREFORE ORDEREDthat Matt Speersis appointed as special prosecutor of thismatter.

Clerk to provide copies to:County AttorneyDefense Counsel/DefendantMatt Speers

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E-FILED 2014 SEP 18 12:56 PM SAC - CLERK OF DISTRICT COURT


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So Ordered


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STATE OF IOWA,

Plaintiff,

No. SRCR012615

v. TRIAL

INFORMATION

DUSTIN ALAN POPE,

Defendant.

COMES NOWMatthew Speers, as Prosecuting Attorney, and in the name and

by the authority of the State of Iowa, accuses Dustin Alan Pope of the crime ofFALSE

IMPRISONMENT, a Serious Misdemeanor, in violation of Section 710.7 of the Iowa

Criminal Code, committed as follows:

The Defendant, Dustin Alan Pope, on or about July 24, 2014, in Sac County,

Iowa, did falsely imprison Erin Hecht, by confining her against her will.

A TRUE INFORMATION

/S/ Matthew J. SpeersMatthew Speers

Assistant Buena Vista County AttorneySpecial Prosecutor Assigned herein606 Geneseo StreetP O Box 1246Storm Lake IA 50588

(712) 732-1933(712) 732-2009 (fax)[email protected]

mailto:[email protected]:[email protected]


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Type: Approval of Trial Information

Case Number Case Title

SRCR012615 STATE VS DUSTIN POPE

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 2014-09-18 15:50:18 page 2 of 2



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

,

Plaintiff,

vs

DUSTIN ALAN POPE ,

Defendant.

Case No: 02811 SRCR012615

ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin 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 Hearing isscheduled on 10/01/2014 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



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

SRCR012615 STATE VS DUSTIN POPE

So Ordered

Electronically signed on 2014-09-18 15:50:18 page 2 of 2



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E-FILED 2014 OCT 01 8:24 AM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTY,

Plaintiff,

vs.DUSTIN ALAN POPE ,

Defendant.


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

The defendant having filed a written arraignment in this matter on October 1, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 11/19/2014 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 12/09/2014 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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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 TitleSRCR012615 STATE VS DUSTIN POPEType: ORDER SETTING TRIAL

So Ordered


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Date: 10/26/2014


State of Iowa

Plaintiff

No. SRCR012615

vs.

DUSTIN POPE

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographicequipment

(__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) forexpanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________

Date_____10/26/2014___________________

Jesse Helling

Media Coordinator, Region 4

Address: Fort Dodge Messenger

713 Central Ave.

Fort Dodge, IA 50501

Phone: (800)622-6613

Fax: (515)574-4529

E-FILED 2014 OCT 26 11:31 PM SAC - CLERK OF DISTRICT COURT


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2RCR15


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.

Case No. 02811 SRCR012615

O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before November 10, 2014. If any objection is filed on or

before November 10, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before November 10, 2014, the pending Request

for Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

REED HENRY REITZ

MEDIA COORDINATOR

DUSTIN ALAN POPE

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So Ordered


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STATE OF IOWA, No. SRCR012615, AGCR012587Plaintiff,

v.MOTION FOR CONTINUANCE

DUSTIN ALAN POPE,Defendant.

COMES NOW, the State of Iowa, by and through undersigned prosecutingattorney, and moves the court to enter an order resetting the trial and pretrial conferencesin these matters and in support states:

1. The above named defendant is charged in these two matters with False

Imprisonment and Assault with a Dangerous Weapon. The defendant also hascharges now pending in Calhoun county.

2. That a pretrial conference is scheduled for these matters on November 19, 2014.

3. Undersigned has been appointed as a special prosecutor for this defendant.

4. Undersigned has a full day of juvenile court proceedings on November 19, 2014, inBuena Vista county.

5. The State has tendered a plea offer encompassing all the pending charges.

However, defense counsel needs additional time to present the offer and conferwith the defendant.

6. Undersigned has spoken with defense counsel, Reed Reitz. Mr. Reitz is inagreement to forego a formal pretrial conference and that a new pretrial and trialdate should be scheduled.

WHEREFORE, the State respectfully moves the Court for entry of an ordercontinuing the pretrial and trial in these matters.

/s/ Matthew J. Speers

Matthew SpeersAssistant Buena Vista County Attorney606 Geneseo StreetP O Box 1246Storm Lake IA 50588(712) 732-1933(712) 732-2009 (fax)[email protected]

E-FILED 2014 NOV 18 4:37 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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IOWA DISTRICT COURT FOR SAC COUNTY

,

Plaintiff,


Defendant.


Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order

requiring parties to conduct a pretrial conference. The following order is entered:

ORDER

Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on

01/07/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 01/27/2015 at 9:00 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Clerk to provide notice to counsel of record.

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E-FILED 2014 NOV 19 8:51 AM SAC - CLERK OF DISTRICT COURT


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So Ordered


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E-FILED 2014 NOV 19 8:51 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2015 JAN 07 10:41 AM SAC - CLERK OF DISTRICT COURT


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Order of Protection Case No. 02811 SRCR012615

This order can be verified during business hourswith the SAC County Clerk of Court at:(712) 662-7791.

Judge Adria Kester

or anytime with the SAC County Sheriff'sOffice at: (712) 662-7791 . SENTENCING NO CONTACT ORDER

(Any Public Offense 664A.5)

ISSUE DATE: 01/07/2015

PROTECTED PARTY: Erin Hecht Other Protected Persons:

STATE OF IOWA, VS

DEFENDANT: Defendant Date of Birth: 12/17/1990

DUSTIN ALAN POPE

Caution: If checked, FIREARMS WARNING

FOR, Law Enforcement

Address for Defendant (not shared address wprotected party)

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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E-FILED 2015 JAN 07 4:09 PM SAC - CLERK OF DISTRICT COURT


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This order shall remain in effect until January 7, 2020 unless it is modified, terminated or extended byfurther written order of the court.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.

The defendant has been convicted of the following crime(s):False Imprisonment, a SeriousMisdemeanor

The court finds the presence of or contact with the defendant poses a threat to the safety of ErinHecht.

(Please check one of the following for appropriate coding in the Mandatory Arrest Protective OrderRegistry)

INTIMATE PARTNER. If checked, the court finds the defendant and protected party meet thedefinition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, withrespect to a person, the spouse of the person, a former spouse of the person, an individual who is aparent of a child of the person, and an individual who cohabitates or has cohabited with the person").[Registry order type D] IF CHECKED, the court must check box 5, prohibiting the defendant from possessingfirearms.OR

OTHER. If checked, the court finds the relationship status of the defendant and protected partyis other than the federal "Intimate Partner" definition. [Registry order type I]

Therefore, the court orders as follows:

1. Defendant shall not communicate with the protected party in person or through any

means including third persons. This restriction shall not prohibit communication through legalcounsel. 2. Defendant shall not be in the immediate vicinity of the residence or place of employmentof the protected party. Defendant shall stay away from the protected party and shall not be in thatparty's presence 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 protectedparty, or members of the protected party's family. Defendant shall not use, or attempt to use, or

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threaten to use physical force against the protected party that would reasonably be expected to causebodily injury.

4. If checked, additional directives: The firearms ban of this or any previous no-contact order inthis case shall expire on August 1, 2015.

5. Defendant shall not possess firearms while this order is in effect. Defendant shall deliver allfirearms to the SAC County Sheriff or (law enforcement agency) on or before 01/14/2015.

6. This protective order is in effect immediately. The order may be extended prior to

expiration for five years pursuant to section 664A.5 (modification) or 664A.8 (extension). 7. 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 courtmay release defendant from restrictions contained in this in this court order.

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.

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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1


STATE OF IOWA,

Plaintiff,

v.

DUSTIN ALAN POPE,

Defendant.

SRCR01261

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: !an"a#$ %, 201

CHARGE: Fal&e I'(#i&)n'ent, a &e#i)"& 'i&de'ean)#, in vi)lati)n )f I)*aC)de + %10.%

Defendant a& filed a *#itten -"ilt$ (lea and a *aive# )f Defendant& #i-t t) /e(#e&ent f)# &entenin-. Defendant a&& tat te (lea t) te a/)ve a#-e /e ae(tedand tat &entene /e i'()&ed ("#&"ant t) te (lea a##an-e'ent a-#eed "()n /$ te(a#tie& *it)"t te f)#'alit$ )f te #e)#d #e"i#ed /$ R"le& 2.3 and 2.10 )f te I)*aR"le& )f C#i'inal P#)ed"#e.

Te C)"#t e#e/$ inf)#'& Defendant tat Defendant& (lea )f -"ilt$ t) tea/)ve4#efe#ened a#-e i& ae(ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i& ad5"diated -"ilt$ )f te a/)ve4dei/ed #i'e and("#&"ant t) I)*a C)de Seti)n 07.1.

2. Defendant i& e#e/$ &entened a& f)ll)*&8

a. Defendant &all (a$ finanial )/li-ati)n& a& f)ll)*&891: a fine in te &"' )f ;71.00

SRCR012615 - Charge of False Imprisonment against Odebolt man dismissed.pdf

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