State v James Verlyn Fertig - FECR012499

8/12/2019 State v James Verlyn Fertig - FECR012499

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

JAMES VERLYN FERTIG , Defendant.

Case No: 02811 FECR012499

INITIAL APPEARANCE

Charges:01 - 708A.5 - THREAT OF TERRORISM (FELD)02 - 724.26(1) - DOMINION/CONTROL OF FIREARM/OFFENSIVE WEAPON BY FELON

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class D: 2 counts

Aggravated Misdemeanor

Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail

5 X 2 Years Prison

And/Or $fine of not less than $750 nor greater than $7,500 plus 35%urcharge and costsX 2

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E-FILED 2014 FEB 11 4:51 PM SAC - CLERK OF DISTRICT COURT


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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:Based on the nature of the charges, the court finds at this point that the defendant should be heldwithout bond for the protection of law enforcement personnel and others. Defendant is to fill out acourt appointment application and the court will appoint Charles Schulte to represent him. The courtwill confer with the sheriff and the county attorney on February 12, 2014 to gain their perspectiveon whether defendant should be released and the conditions that should be attached to any suchrelease. In the meantime defendant shall consider what assurances he can give the court that he willnot further offend if released and that the safety of himself and others will not be compromised bysuch release.

6. 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 of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 02/24/2014 at 10:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

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.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE 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 Attorney

The Court has provided a copy to the DefendantDefendant

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Sac County Sheriff

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State of Iowa Courts

Case Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIGType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-11 16:52:36

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INTH E IOWA DISTRICT COURT FOR Sac

DISTRICT COUKI OF IOWASAC COUNIYFILED2 1 FEB12 AM8:COUNTY

STATE OF IOWAorPlaintiff/Petitioner,vs.VAivve Mevlvjn fW-riot

Defendant/Respondent.

V Criminal CivilNo.FE KOWW \FINANCIAL AFFIDAVIT APPLICATIONFOR APPOINTMENT OF COUNSEL

Insupportofmyapplicationforappointmentofcounsel,andunder penaltyofperjury,the undersignedstates:Name: A ^ M - l V \ / g V l v ] r \ f ^ Z - f jOj BirthDate: OS>~Q 5 ~ \ 4 0HomePhone: 7 / 2 '1 ^0 ~ fffi7 2 CellPhone: E-mail:StreetAddress: 3 \ 2 * \ ~ j ' 0 U M . V ^ W f rT 6 ( 4 ^

Street/P.O.Box Apt# City State ZipPendingcharges: InJail? Ye s NoDo youhaveajob? M * N oJob Yes,FullTime Yes,PartTime (ListHours/week: )Who doyouwork for? - \ l V c { . '

o i l

Howmuchmoneydo youcurrently makebeforetaxesor deductions? per hour month yearHowmuchmoneyhaveyoumadeinthe last12monthsfromany source,beforetaxesor deductions? 12^74* /. Q OHowmanyfamilymembersare supportedbyorlive withyou? QIfaspouselives with you, howmuchmoneydoesyourspousemake? per hour month yearListallothermoneyyou,or anyone elselivinginyourhousehold, hascomingin : .

Listwhatyou ownincludingmoney inbanks cars trucks other vehicles land houses buildings cash or anythingelseworth morethan$100: 2-0 qCN -. Q-f~ \(to\3 , L/h-eA| iO 1003, V\ k*

Listamountsyoupaymonthlyformortgages,rent,car loans, credit cards,childsupport,or anyother debts:

Iunderstand I may be required to repay theStatefor all or part of my attorneyfeesandcosts,I may berequiredto sign awageassignment,and I must report anychangesin the information submitted onthisfinancialaffidavit. I promise under penalty ofperjurythatthestatementsI make inthisapplication are trueandthatIamunableto pay for anattorneytorepresent me.

Date02 1 h 20ty SignatureRev.1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.JAMES VERLYN FERTIG ,

DEFENDANT.

02811 FECR012499

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Charles Schulte, a contract attorney, is appointed.

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E-FILED 2014 FEB 12 9:40 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIGType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,v.JAMES VERLYN FERTIG ,

Defendant.

02811 FECR012499

ORDER

Defendant comes before the court for bond review. After discussion with the defendant and the sheriffit was agreed that the defendant should be released on the following conditions:(1) He shall obey all laws of Iowa and the U.S.; (2) He shall not consume any alcohol or illegal drugs;and (3) He shall attend a minimum of two AA meetings per week and provide the clerk of court withproof on a weekly basis.

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Case Number Case TitleFECR012499 STATE VS JAMES VERLYN FERTIGType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.FECR012499

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

JAMES VERLYN FERTIG )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on

behalf of the above-named defendant and on behalf of the defendant, waives preliminary

hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715Fax: (712) 662-4884

Original filed

Copy to: County Attorney



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. FECR012499

Plaintiff,

vs. TRIAL INFORMATION

JAMES VERLYN FERTIG,DOB: 03/05/1940 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and inthe name and by the authority of the State of Iowa, accuses Defendant, James Verlyn Fertig ofthe crime ofTHREAT OF TERRORISM, a Class D Felony in violation of Iowa Code Sections

708A.5 and 708A.1 committed as follows: The said Defendant, James Verlyn Fertig, on or about February 8, 2014 in the County

of Sac and State of Iowa, did unlawfully and willfully threaten to commit terrorism or threaten to

cause terrorism to be committed, causing a reasonable expectation or fear of the imminent

commission of such an act.

COUNT II

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and inthe name and by the authority of the State of Iowa, accuses Defendant, James Verlyn Fertig ofthe crime ofFELON IN POSSESSION OF FIREARM OR OFFENSIVE WEAPON, a Class DFelony in violation of Iowa Code Section 724.26 committed as follows:

The said Defendant, James Verlyn Fertig, on or about February 10, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully, being a convicted felon, knowingly

have under his dominion and control, receive, transport or cause to be transported, a firearm or

offensive weapon, to-wit: Five guns and ammunition for said guns, at his residence at 3129

340thStreet Lake View.

A TRUE INFORMATION

/s/Benjamin John Smith

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. JAMES VERLYN FERTIG

Criminal No. FECR012499

COUNT I: Threat of Terrorism

COUNT II: Felon in Possession of Firearm or Offensive Weapon

NAMES OF WITNESSES:

KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT

SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFFS DEPARTMENT

LINDA WIRTJES, 911 DISPATCHER, SAC COUNTY E911

LAURA FELDHANS, 911 DISPATCHER, SAC COUNTY E911



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Type: Approval of Trial Information

Case Number Case Title

FECR012499 STATE VS JAMES VERLYN FERTIG

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 2014-02-26 16:09:33 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

JAMES VERLYN FERTIG ,

Defendant.

Case No: 02811 FECR012499

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 03/19/2014 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

FECR012499 STATE VS JAMES VERLYN FERTIG

So Ordered

Electronically signed on 2014-02-26 16:09:34 page 2 of 2



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Date Typeof Meeting Location Verified y Phone09

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State v James Verlyn Fertig - FECR012499