Complaint

STATE OF IOWA Vs.

Niedert, Kenny Gene Jr.

Item #: 2-15-000328

Address 1406 Hobbs Street

Sac City, lA 50583

Date of Birth 02/14/1972

STATE OF IOWA, COUNTY OF SAC

Before (Judge, Magistrate)

Criminal Case No. Defendant

Complaint

Simple Misdemeanor

. of the Code of Iowa) or The defendant is accused of the crime of Criminal Mischief in violation of (Section _

Ordinance No. 42.02 of the City of Sac City , in that the defendant on the 10th day of March , 2015, at the 1400 Block of

Hobbs Street; Sac City, lA 50583 in Sac County, did :

Intentionally damaged property, to-wit: a windshield of a 1993 Dodge Dakota truck, the cost of replacing of which is $200

or less.

(State acts or omissions constituting offense) Dated / % ^ ^ /C^^^OA^-

Complainant

Address J V / (/y^ " J ^ c Statutory Reference 804.1 Code of Iowa

STATE OF IOWA, COUNTY OF SAC, ss.

I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other

reliable persons form my belief that Kenny Gene Niedert, Jr. the defendant committed the crime charged.

On Tuesday March 10, 2015 the defendant and K.N. had been verbally arguing. At approximately 15:03 hours K.N. called the police department to report that the defendant broke the windshield of her vehicle. Both the defendant and K.N. stated that the defendant struck the windshield with his hands causing it to break. The windshield of the vehicle that was damaged was a 1993 Dodge Dakota truck registered to Kandis Rae Nokes from Sac City, lA. The defendant was arrested and booked into the Sac County Jail.

S t a t u r e

Subscribed and sworn to before me by the said ^^^^g^ y^^<^ytf''^^y^ the /^O d a v o f y ^ ^ t ^ 2 0 X r ?

_, Complainant, on

Magistrate, Clerk or(Notary^Pub)lc in the State of Iowa

Complaint and affidavit filed and probable cause found that the defendant committed the offense charged.

Ownnjssion Number 766032 My Commission ExDteB

Magistrate

E-FILED 2015 MAR 10 5:16 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. KENNY GENE NIEDERT JR , Defendant.

Case No: 02811 SMCR012790

APPEARANCE

Action: The court retains jurisdiction to order restitution for the damage to the windshield.Date Filed: Charge(s):01 - SC/2.1-1.0510 - CRIMINAL MISCHIEF The Defendant appears and enters a guilty plea to the above listed charge(s). This charge is asimple misdemeanor and conviction carries a maximum penalty of $625.00 Fine plus 35% Surchargeand/or a term of confinement in the Sac County Jail not to exceed 30 days, plus Court Costs. OR This matter should be set for Trial. OR Based upon Defendant's guilty plea, the Court orders Defendant to pay a Fine of $100.00,Surcharge of $35.00 and Court Costs of $60.00, all to be paid within by May 1, 2015 days underpenalty 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 5th day of May, 2015 at 10:30 o'clock a.m. to show cause why he/sheshould not be found in Contempt of Court for failure to obey this Court Order.

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E-FILED 2015 MAR 11 12:46 PM SAC - CLERK OF DISTRICT COURT

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: $195.00 TO BE PAID BY May 1, 2015. 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 2015 MAR 11 12:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSMCR012790 STATE VS KENNY GENE NIEDERT JRType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2015-03-11 12:46:15

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E-FILED 2015 MAR 11 12:46 PM SAC - CLERK OF DISTRICT COURT