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7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
2/13
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
TREVOR RAY FEAUTO,
DOB: 01 / 02 / 1997
Defendant,
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, accuses Defendant,
Trevor Ray Feauto (hereinafter Defendant) of the crime ofHOMICIDE BY VEHICLE
(INTOXICATION), a Class B Felony in violation of Iowa Code Section 707.6A(1)(a)
committed as follows: On or about August 23, 2014, in Sac County, Iowa, Defendant
operated a motor vehicle while having an alcohol concentration of .10 or more and, as a
result, Defendants act or acts unintentionally caused the death of Bailey Marie
Jacobsen.
COUNT II
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,
Trevor Ray Feauto (hereinafter Defendant) of the crime ofHOMICIDE BY VEHICLE
INTOXICATION), a Class B Felony in violation of Iowa Code Section 707.6A(1)(a)
committed as follows: On or about August 23, 2014, in Sac County, Iowa, Defendant
operated a motor vehicle while having an alcohol concentration of .10 or more and, as a
result, Defendants act or acts unintentionally caused the death of Lindsey Lou Quirk.
E-FILED 2014 DEC 04 12:09 PM SAC - CLERK OF DISTRICT COURT
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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COUNT III
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,
Trevor Ray Feauto (hereinafter Defendant) of the crime ofHOMICIDE BY VEHICLE
(RECKLESSNESS), a Class C Felony in violation of Iowa Code Section 707.6A(2)(a)
committed as follows: On or about August 23, 2014, in Sac County, Iowa, Defendant
drove a motor vehicle in a reckless manner and Defendants recklessness
unintentionally caused the death of Bailey Marie Jacobsen.
COUNT IV
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,
Trevor Ray Feauto (hereinafter Defendant) of the crime ofHOMICIDE BY VEHICLE
(RECKLESSNESS), a Class C Felony in violation of Iowa Code Section 707.5(1)(a)
committed as follows: On or about August 23, 2014, in Sac County, Iowa, Defendant
drove a motor vehicle in a reckless manner and Defendants recklessness
unintentionally caused the death of Lindsey Lou Quirk.
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]
E-FILED 2014 DEC 04 12:09 PM SAC - CLERK OF DISTRICT COURT
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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WITNESS LIST
KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S OFFICE
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S OFFICE
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S OFFICE
JAMES WISSLER, TROOPER, IOWA STATE HIGHWAY PATROL, POST 4
DANIEL SCHAEFER, TROOPER, IOWA STATE HIGHWAY PATROL, POST 9
JUSTIN GRODNITZKY OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWADEPARTMENT OF PUBLIC SAFETY-DCI CRIMINALISTICS LABORATORY
KERI DAVISOR DESIGNATED EVIDENCE TEHCNICIAN, EVIDENCE TECHNICIAN,IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALISTICS LABORATORY
DENNIS F. KLEIN, M.D. OR DESIGNATED MEDICAL EXAMINER, MEDICALEXAMINER, IOWA OFFICE OF THE STATE MEDICAL EXAMINER,
G.A.G.,A JUVENILE
L.A.C., A JUVENILE
S.J.H., A JUVENILE
REBECCA JOSLIN, RN, STEWART MEMORIAL HOSPITAL
KEN MEYERS, DEPUTY, CARROLL COUNTY SHERIFFS OFFICE
SUSAN CROOKHAM, SCIENTIST, NMS LABS
E-FILED 2014 DEC 04 12:09 PM SAC - CLERK OF DISTRICT COURT
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
State of Iowa v. Trevor Ray Feauto
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 2014-12-04 12:09:58 page 4 of 4
E-FILED 2014 DEC 04 12:09 PM SAC - CLERK OF DISTRICT COURT
FECR012716
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
6/13
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
7/13
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
8/13
E-FILED 2014 OC T 22 1:22 PM S A C -C L E R KO F DISTR ICT
COURT
DISTRICT
COUtfF QF IOWA
SACCOUNTY
FILED
IN THEDISTRICTCOURT OFIOWA, IN AND FOR SAC 0
JUVENILE
DIVISION)
^ T O E C -I* PM 3= 06
IN THEINTERESTOF
Juvenile
N o.JVJV001211
TREVOR RAY FEAUTO
Child.
FINDINGSOF FACT CONCLUSIONSOF LAW
AND ORDER
WAIVER
OF JURISDICTION)
DELINQUENCY
This
matter
came before the Cou rt on Octob er 15, 2014 , for waive r hearing pursuan t to
lowa Code S ect ion 232.45 to determ ine w heth er the jur isdict ion of the Juveni le Cou rt over the
chi ld in interest shou ld be waive d for p rose cut ion of the of fenses al leged in the Pet i t ion as if an
adult . Prese nt for the hearing we re the fol lo win g:
Trevor Ray Fe auto, the ch i ld in interest ;
Charles Schulte and David Richter, the chi ld 's at torneys;
Benjamin S mi th , Sac County A t torney;
Greg Jobgen,Juveni le Cour tServices; and
Lynette Fea uto, chi ld 's m othe r.
The proceeding was repor ted. Of fered andadmitted
into
ev idence were the fo l lowing
exhibi ts: 1. W aiver R eport prepare d by Juveni le CourtServices; 2 . Wo odw ard A cademy 30-day
ProgressR epor t; 3 . Wo odw ard A cademy 90-day Progress R epor t; 4 . Wo odwa rd Academ y
Substance
Abuse Treatmen t R epor t , and 5. W ood wa rd A cadem y Discharge R epor t .
Test imony was given on behalf of the State by Greg Jogben,Juveni le CourtS ervices,and
on behalf of the chi ld by the ch i ld 's mo ther, Lynette F eau to; the ch i ld 's gran dm othe r, S hir ley
Rober tson ;Theresa Tigges, a teache r at East Sac C oun ty HighS choo l, and Amanda Mi l ler , the
chi ld's school counselor.
Pursuantto lowaCodeSection602.7103,the
Court
now makesthe followingFINDINGS
OF FACT:
1. N ot ice of
this
hearing, a copy of the Pet i t ion, and a copy of the Mot ion for Waiver of
Jurisdict ion were served upon al l part ies.
2. The name of the chi ld in interest is Trevor Ray Fe auto, wh o is 17 years of age, being
born on January 2, 1997, and at the time of the filing of the Pet i t ion, residedwith the chi ld 's
mo ther, Lynette F eauto, at 30553 lowa 1 88, Clarksvi l le, low a. A t the
time
of the of fense, the
chi ld was residing
with
his grand paren ts in Sac Co unty, lowa . The chi ld was in De tent ion at the
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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E-FILED 2014 OC T 22 1:22 P MS A C -C L E R KO F DISTR ICTCOURT
time ofthe
waiver hearing.
3. On Septem ber 24, 2014, the S ac County At torne y f i led a Pet i t ion a l leg ing
that
the
chi ld in interest did com mit de l inque nt acts, wh ich were the chi ld an adult wo uld cons t i tute
the of fense of two counts of Homicide by
Vehic le ,
a
Class
B Felony, in v iolat ion of low a
Code
Sect ion
707.6A(1), and also f i led a Mot ion to Waive Jurisdict ion.
4. A t a pr ior detent ion hear ing and at the waiver hear ing, there was shown probable
cause to bel ieve the chi ld did commit the del inquent acts al leged in the Pet i t ion. The Court
considered
the test imonial evidence presented, exhibi ts, and pol ice reports at tached to the
Pet i t ion.
5.
The del inquent ac ts a l leged, were they com mit ted by an adul t , wou ld have been
punisha ble as aClass B Felony, and the chi ld 's involve me nt cons isted of opera t ing a m otor
vehic le whi le un der the inf luence of alcohol causing the d eath of Bai leyJacobsenand Lindsey
Qui rk .
6. The chi ld 's pr ior contacts
with
juven i le authori t ies include the fol lowing referrals:
The chi ld pled
guilty
to The ft in the Th ird D egree in Black Hawk Cou nty on or about Ma y 3,
2012.
The adjudicat ion w as wi thheld and the
case
was transferred to W arren C ounty asthat
was his mo ther 's place of res idence . On June 6, 201 2, Trevor wa s granted a consen t dec ree,
but later was placed in detent ion for v iolat ing his probat ion by not remaining in contact with his
probat ion of f icer and not residing
with
his mo ther. The conse nt decree was revoked and
Trevor was adjudica ted de l inque nt on the cha rge of Theft in the Third De gree. Custody was
placed
withJuveni le CourtServices for a resident ial placement and Trevor was placed at
Wo odwa rd A cademy . Fo l low ing h is success fu l comple t i on o f Wood ward A cademy , Trevor
resided
with
his grandparents and his
case
was c losed on N ovem ber 4, 2013.
Pastefforts
to rehab i l i tate the m inor in juven i le court have included the fol low ing
services and forms of superv is ion and/or p laceme nt : A consent decree, an adjudicat ion, and
resident ial
treatment.
The chi ld 's respo nse to those se rvices, sup ervision or placem ent was as fol low s: Trevor
was unable to successful ly com plete the terms of his cons ent decree and was placed in
resident ialtreatment. He successfu lly com pleted h is stay at the W ood wa rd A cadem y.
7. The program s, faci l i t ies, and pers onn el avai lable to the Juveni le Cou rt for
rehabi l i tat ion and
treatment ofthe
chi ld are:
1. Probat ion u nder a Consent Decree or A djudicat ion.
2.R ehabi l i ta t ion Servicessuch as indiv idua l a nd family cou nse l ing; ski l l
deve lopm ent ; substance abuse evaluat ion, educat ion and
treatment;
menta l
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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E-FILED
2014
O CT
22 1:22 PMSA C -
C L E R K
OF DISTRICTCOURT
health evaluat ion and
treatment
until
the age of 19 1/2.
3.
Gradua ted S anct ion
S ervices
(Tracking, Day Trea tme nt, S choo l Lia isons)
remain ava i lable to individuals up to 18 months past the date of d isp osit ional
order p rovided the orde r is entere d subsequ ent to the 17th and before th e
18th birthday and:
a.
The individual is adjudica ted del inquent and under the jurisdict ion of
Juveni le Court
S ervices;
or
b. The individual voluntari ly accepts services wh en being released
from
the S tate Training
School ,
Boot C amp or group care, and services are
extend ed by the Chief Juveni le Court Off icer or
DHS
Regional
Admin is t ra tor .
4.
Indepen dent Living remains open to individuals unde r age 20 provide d
placement takes place before the 18th birthday and cont inuat ion in
indep end ent l iv ing is for the purpose of com plet io n of a course of study
leading to a d ip loma or GED.
5.
F oster Group
Care
is legally available, but technically not, because no facilit ies
in lowa
will
take del inq uents past the age of 18 due to l iabi l i ty. Place me nt
would also require the approval
ofthe
Reg iona l
DHS
Admin is t ra tor .
6. State Training
Schools
are avai lable beyond the 18th birthday provided the
initial
placem ent takes place before the 18th birthday. A chi ld placed in the
StateTraining S chool subse quent to age 17 and prior to age 18 can remain
beyon d 18 provided the S tate Training Sch ool makes appl icat ion to a nd
receivespermiss ion
from
the committ ing Court . The extension must be for the
purpose
of complet ion of a course of study and cannot extend for more than
18 months beyond date of d isposit ion.
8. The program s, faci l i t ies, and perso nnel avai lable in the ad ult crim inal court for the
chi ld in the ev ent the Juveni le Court waives i ts jurisdict ion are cont inu ed p re-tr ia l and
proba t ionary supervis ion if the ch i ld is waive d to Distr ict Court . In addit ion , a num ber of o ther
services
would be avai lable, including halfway house placement; substance abuse
treatment
designed for adu lt substance abusers, and couns el ingservices. Other rehabi l i tat ive tools
include imposit ion of f ines and suspended
jail
or pr ison terms;
jail
or prison terms; or deferred
judgment probat ion.
9.
The Court has consid ered the na ture
ofthe
del inquent act; the circumstances
ofth e
act; the ch i ld 's prior co ntact
with
Juveni le CourtS ervices; past
efforts
at reha bi l i tat ion; services
avai lable
in
both
juveni le and adult court ; other factors and the best interest of the chi ld and
the com mu nity. In this
case,
the chi ld is charged
with
two counts of Homicide by
Vehic le ,
each
a Class
B
fe lony. It is al leged the ch i ld was intoxicated w hi le driving a motor vehicle
that
was
involved in a serious accident, kil l ing two individuals. The chi ld has a prior contac t
with
juveni le
court , involving a revoked consent decree and adjudicat ion fo r Theft in the Th ird Degree,
result ing in resident ia l p lacement. While the chi ld was not
successful
in maintaining his
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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E-FILED 2014 OC T 22 1:22 PMSA C -C L E R KO F DISTR ICTCOURT
consent dec ree, he was u l t imate ly successfu lly d ischarged from probat ion.
This is a familywith a long history of discord due to the parents' divorce proceedings
and the lack of supervision prov ided to the chi ld. The chi ld has resided
with
his mother,
with
his father, in resident ial placeme nt and with his grand pare nts. W hi le l iv ingwith his mother, he
did not comply
with
her rules. Whi le residing
with
his father, he stole his father 's gun and was
ult imately adjudicated for Theft in the Third D egree. He was successful in the c onf ines of his
res ident ia l p lacementwith the increased supervision such a placement provides. Whi le l iv ing
with
his gran dpa rents, he, unfortu nately, in the m onths fol lo win g c losu re of his pr ior
prob at iona ry su perv ision, increased his r isk-taking beh avior. The chi ld was rout inely dr inking
underage in the months pr ior to this incident and ul t imately dr inking and driv ing at the t ime of
this incident .
There is a l imited w ind ow in t ime avai lable in juveni le court for re hab i l i tat ion of this
chi ld. There exist greater oppo rtuni t ies for rehab i l i tat ion o f th e mino r in the adult cr iminal
court because the chi ld wi l l be 18 years old in
less
than three months. Placement in group care
is
impract ical as upon turning 18, he would no longer be el igible to remain in resident ial
t reatm ent. It is very
difficult
i f not im pos sible, for chi ldre n in the juveni le just ice system w ho
are approa ching the age of 18 to ut i l ize the
full
range of juveni le just ice system services. There
are no reasonable prospects for rehabi l i tat ing the chi ld in the short t ime avai lable to the
juveni le court .
CONCLUSIONS OF LAW:
1. The Court has jur isdict ion of the part ies and the subject m atter as provide d in
Division II of lowa CodeCh apter 232.
2. The burden of proof is upon the State to establ ish probable cause that the child did
commit the del inquent act and by c lear and convincing evidence
that
there are not reasonable
prospects for rehabi l i tat ing the chi ld i f the Juveni le Court retains jur isdict ion.
3. The chi ld in interest is fourte en (14) years of age or o lder.
4. There does exist proba ble cause to be l ievethat the chi ld in interest did commit the
del inqu ent act al leged , to wit : two counts of Hom icide byVehic le , in v iolat ion of lowa
Code
Sect ion 707.6A(1).
5.
There are no reasonab le prosp ects for reh abi l i tat ing the chi ld in interest in the event
that the Juveni le Court were to retain jur isdict ion.
6. W aiver of the C ourt 's jur isdict ion is in the best interests of the chi ld in interest and
the communi ty .
7. The Juveni le Court sho uld waive i ts Jurisdict ion ove r the ch i ld in interest fo r
4
7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)
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E - F I L E D
2 0 1 4 O C T 2 2 1 :2 2 P M S A C -C L E R K O F D I S T R I C T C O U R T
Stateof
lowa
Courts
Type:
OTHER ORDER
CaseNumber
JVJV001211
CaseTitle
IN
TH E
INTEREST O F TREVOR R A Y FE AUT O
So Ordered
Adria Kester.
District
Associate Judge,
Second JudicialDistrictof lowa
Electronically signed on 2014-10-22 13:22:53 page 6 of 6
STATE OF~I0WA-.
S A C
COUNTY,ss-...
I, Clerk of the 'District Court of &ac County, '
lowa,
it being a Court
ohRecbrd,
do hereby
certify
that
I have carefully compared the
foregoing copy of
a
record
in
my
office,
and
that
the same is a true and correct copy of the
original
record,
and the whole thereof. . .
I 1.%- -20JH
I
^ O J
U 3_T cierk of District Court
Bv J V T X J D / ? .Designee