FECR012703 - Ida Grove Man Pleads Guilty To Possession of Burglar Tools PDF

E-FILED 2014 NOV 21 11:45 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 2014-12857
Filed with Court Clerk (cc: CA)
Arrest Date: 11/21/2014
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
EUCHNER
WESLEY
ARCHIE
Suffix
Address
City
State
Zip Code
504 COURT ST
IDA GROVE
IA
51445-0000
Date of Birth
Gender
Race
Ethnicity
12/11/1994
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
Weight
Eye Color
Hair Color
BROWN - BRO
BROWN - BRO
State
Height
IA
6' 01"
OFFENSE
State Local
Code Section
Crime Description
Class
713.6A(1)
BURGLARY 3RD DEGREE
FELD
Location Type
28 - FARM BUILDING
Literal Description
STATE 175/330TH ST
Address
City
State
1821 330TH STREET
ODEBOLT
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
11/21/2014
Upper Date Range
Incident Time or Low Range
Zip Code
51458
Upper Time Range
00:22
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
commit burglary in the third degree upon the property of 1821 330th street odebolt, iowa
AFFIDAVIT
STATE OF IOWA,
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 my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On 112114, Ida County advised that they had information that a burglary may be occuring at 1821 330th Street. Deputy Cudaback was on routine
patrol headed north on Jackson Ave when he found a silver 2005 Chevy Cobalt bearing Iowa license plate BCS203 sitting int he middle of the road with
its lights off. A male subject later identified as the defendant in this case was standing outside the car. defendant told Cudaback that he was out driving
around and felt a wobble in his front tire. Deputy Cudaback shined his flash light in the back seat and saw that it was full of tools. While conducting a
pat down search of the defendant, Deputy Cudaback found a padlock in the defendants pocket that had been cut. Defendant admits that he and two
others went in to a farm place near Odebolt and described the location as being on the north side of the road and that it had heavy equipment parked on
the property. Defendant admits to going inside a building and taking the tools that were in his car. The owner was contacted and it was confirmed that
a burglary had occurred.
MCCLURE, KEN
81-1
Signature of Complainant or Officer, Officer Name & Number

Printed At
SAC COUNTY SHERIFF'S OFFICE
11/21/2014
11:53 AM
Page 1
of 2
Form #:
2014-12857
GENERAL PROBABLE CAUSE
Defendant Implicated
03 - ADMISSION/STATEMENTS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION
Operating Motor Vehicle in County
STATE OF IOWA,
Other Physical Evidence
Attempted To Inflict Injury
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
SCOTT E BROUWER
Commission Number
197900
My Commission Expires
08/13/2016
11/21/2014
Signature of Verifying Party
Peace Officer
11/21/2014
11:53 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
2014-12857
E-FILED 2014 NOV 21 1:13 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 FECR012703
vs.
WESLEY ARCHIE EUCHNER ,
Defendant.
Defendant's Correct Address: 405 Main St., Ida
Grove, IA 51445
INITIAL APPEARANCE
Charges:
01 - 713.6A(1) - BURGLARY 3RD DEGREE
Theft 2nd degree; possession of burglary tools and driving while suspended
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been 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 can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper 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 2 class Ds
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 years on the class Ds and 2 years of the aggravated Years Prison
And/Or $Fines of not less than $750 nor greater than $7,500 on each of the class Ds and
not less than $625 nor greater than $6,250 on the aggravated and a fine of not less than $250 nor
greater than $625 and up to 30 days in jail on the driving while suspended.
1 of 3
4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.
5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
You must post a cash or surety bond in the amount of $12,300. If released you must not use any
alcohol or illegal drugs and you must obey all laws of Iowa and the United States.
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information 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 hearing
is:
Waived
Preliminary Hearing is scheduled on 12/01/2014 at 10:30 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 at
712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED 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 Defendant
Defendant
Sac County Sheriff
2 of 3
State of Iowa Courts

Case Number
FECR012703
Type:
Case Title
STATE OF IOWA VS EUCHNER, WESLEY A
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-11-21 13:13:22
3 of 3

SAC COUNTY

THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
EUCHNER
WESLEY
ARCHIE
Suffix
Address
City
State
Zip Code
504 COURT STREET
IDA GROVE
IA
51445
Date of Birth
Gender
Race
Ethnicity
12/11/1994
MALE
WHITE - W
Weight
Eye Color
Hair Color
BROWN - BRO
BROWN - BRO
State
Height
OFFENSE
State Local
Code Section
Crime Description
Class
713.7
POSSESSION OF BURGLARS TOOLS
AGMS
Location Type
28 - FARM BUILDING
Literal Description
STATE 175/330TH ST
Address
City
State
1821 330TH STREET
ODEBOLT
IA
YES
11/21/2014
Upper Date Range
Zip Code
51458
Upper Time Range
00:22
TAKEN INTO CUSTODY
CUSTODY
SUMMONS TO APPEAR
(Citation Issued)
WARRANT REQUESTED
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
possess burglar tools or any key, tool, instrument, device or explosive, with the intent to use the same in the perpetration of a burglary
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
112114, a burglary to a building happened at 1821 330th Street in Sac County, Iowa. Defendant was located by deputies about 3 miles from the scene.
On contact with the defendant, a cut pad lock was found on his person. In his 2005 Chevy Cobalt car which he was driving, property stolen from the
burglary was located along with a pair of blue handled bolt cutters.
MCCLURE, KEN
81-1
Printed At
11/21/2014
1:24 PM
Page 1
of 2
Form #:
2014-12857
03 - ADMISSION/STATEMENTS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION
STATE OF IOWA,
SAC COUNTY
Printed At
Notary Name
SCOTT E BROUWER
Commission Number
197900
08/13/2016
11/21/2014
Peace Officer
11/21/2014
1:24 PM
Page 2
of 2
Notary
Form #:
2014-12857

SAC COUNTY

THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
EUCHNER
WESLEY
ARCHIE
Suffix
Address
City
State
Zip Code
504 COURT STREET
IDA GROVE
IA
51445
Date of Birth
Gender
Race
Ethnicity
12/11/1994
MALE
WHITE - W
Weight
Eye Color
Hair Color
BROWN - BRO
BROWN - BRO
State
Height
OFFENSE
State Local
Code Section
Crime Description
Class
714.2(2)
THEFT 2ND DEGREE
FELD
Location Type
28 - FARM BUILDING
Literal Description
STATE 175/330TH ST
Address
City
State
1821 330TH STREET
ODEBOLT
IA
YES
11/21/2014
Upper Date Range
Zip Code
51458
Upper Time Range
00:22
TAKEN INTO CUSTODY
CUSTODY
SUMMONS TO APPEAR
(Citation Issued)
WARRANT REQUESTED
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
take possession or control of the property of another; the property having a value in excess of $1,000 but not exceeding $10,000, with the intent to
deprive the other thereof
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
A burglary to a building occurred at 1821 330th Street in Sac County,, Iowa. Defendant was located several miles from the scene. When contacted by
law enforcement, defendant admitted that he was one of three responsible for the burglary and that the property in his car was the property they had
stolen. The property stolen was tools, batteries and other miscellaneous items. The items have a value of over $1000.00 but believed to be less than
$10,000.00.
MCCLURE, KEN
81-1
Printed At
11/21/2014
1:25 PM
Page 1
of 2
Form #:
2014-12857
03 - ADMISSION/STATEMENTS, 04 - CAUSED PROPERTY DAMAGE, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION
STATE OF IOWA,
SAC COUNTY
Printed At
Notary Name
SCOTT E BROUWER
Commission Number
197900
08/13/2016
11/21/2014
Peace Officer
11/21/2014
1:25 PM
Page 2
of 2
Notary
Form #:
2014-12857
DISTRICT CGUKi' 0I IOWA

SAC COUNTY
FILED
20NNOV2! PM 2:UQ
Sac
IN THE IOWA DISTRICT COURT FOR.

S T A T E OF I O W A or.
vs.
PiatatifffPetitioner,
>
F i i r W w
\)J^y^M
V^-^V \' ^
Defendant/Respondent
COUNTY
^Criminal
N
Civil
F F x ^ O l T - H
0 ^
FINANCIAL AFFIDAVIT/APPLICATION
F O R APPOINTMENT OF C O U N S E L
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:
Birth Date:
Home Phone: f<J G AJ

Street Address:
Cell Phone: "7 / 2 - 3ll
*~/QS~ M ^ ' >

tJ
^.ir^^-i-
Street/P.O.Box "
Pending charges: Pas.
^ u c 4 f ^ A-u<Ks
Do you have a job?
No Job
Who do you work for?
A / A.
-^Lffi-maiI:
Apt = City
WcApr7
Su*,P<.V\Iei
e u A,.^^
^n^&'X
"XT/I
SIMMS~
State
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Zip
In Jail? ^ Y e s
Yes, Part Time (List Hours/week:
How much money doyou currently make before taxes or deductions? /\t
II - / R f i
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td,* Trrnje
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P Yes, Full Time
} "2 -
No
A IA"
hour
month
year
month
year
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you?
2~
If a spouse lives with you, how much money does your spouse make? N A
per
List all other money you, or anyone else living in your household, has coming in: f \ A t \
-J-W
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hour
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List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than S100:
fV"\p_
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List amounts you pay monthly for mortgages, rent car^loans, credit cards, child support, or any other debts:
A lA
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\ j i & \ a. V- \ n
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I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am nnable to pay for an attorney to represent me.
..."
D * e / / - 2 / - / < /
Signature
/ ' / ?
M
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
VS.
02811 FECR012703
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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 financial
hardship.
Attorney James A. Schall (712) 291-6807, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.
1 of 2

Case Number
FECR012703
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA
Plaintiff
02811 FECR012703
VS
WESLEY ARCHIE EUCHNER
ORDER
Defendant
Defendant through his father has requested that a new attorney be appointed. The court appoints
Mark J. Rasmussen (515) 386-3399.
1 of 2

Case Number
FECR012703
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA
Plaintiff
02811 FECR012703
VS
ORDER
Defendant
Defendant's motion for bond review is set for hearing on December 1, 2014 at 10:30 a.m.
1 of 2

Case Number
FECR012703
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 DEC 01 8:45 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
CRIMINAL CAUSE NO. FECR012703
Plaintiff,
vs.
TRIAL INFORMATION
WESLEY ARCHIE EUCHNER,
DOB: 12/11/1994
Defendant.
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, Wesley Archie Euchner
of the crime of BURGLARY IN THE THIRD DEGREE, a Class D Felony in violation of Iowa
Code Sections 713.1 and 713.6A committed as follows:
The said Defendant, Wesley Archie Euchner, on or about November 21, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully commit burglary in the third degree
upon the property of 1821 330th Street Odebolt Iowa.
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, Wesley Archie
Euchner of the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of
Iowa Code Sections 714.1(1) and 714.2(2) committed as follows:
County of Sac and State of Iowa, did unlawfully and willfully take possession or control of the
property of another; the property having a value in excess of $1,000 but not exceeding $10,000,
with the intent to deprive the other thereof.
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, Wesley Archie
Euchner of the crime of POSSESSION OF BURGLAR TOOLS, an Aggravated Misdemeanor in
violation of Iowa Code Section 713.7 committed as follows:
County of Sac and State of Iowa, did unlawfully and willfully possess burglar tools or any key,
tool, instrument, device or explosive, with the intent to use the same in the perpetration of a
burglary.
A TRUE INFORMATION
Sac County Attorney, Benjamin John Smith

Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
THE STATE OF IOWA vs. WESLEY ARCHIE EUCHNER

Criminal No. FECR012703
COUNT I: Burglary in the Third Degree
COUNT II: Theft in the Second Degree
COUNT III: Possession of Burglar Tools
NAMES OF WITNESSES:
KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JOHN MEISTER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
ROBERT MCMILLEN, DEPUTY, IDA COUNTY SHERIFFS DEPARTMENT
LEVI THIES, OCCUPATION UNKNOWN
BRYAN RIEDELL, OCCUPATION UNKNOWN
CONNOR JAMES HEMER, OCCUPATION UNKNOWN
JAMES ANTHONEY TINGLE, OCCUPATION UNKNOWN

Type:
Approval of Trial Information
Case Number
FECR012703
Case Title
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 4 of 4
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 is
scheduled on 12/17/2014 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 such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause 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 Attorney
Defendant/Defense Attorney

Type:
ORDER FOR ARRAIGNMENT
Case Number
FECR012703
Case Title
So Ordered
page 2 of 2

STATE OF IOWA
Plaintiff
02811 FECR012703
VS
ORDER
Defendant
The application to withdraw filed in this matter by attorney James A. Schall is granted.
1 of 2

Case Number
FECR012703
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
Case No. FECR012703
Plaintiff,
vs.
ORDER
WESLEY A. EUCHNER,
Defendant.
NOW, on this 1st day of December, 2014, the court is informed that the parties
have reached an agreement to release the Defendant on his own recognizance.
IT IS THEREFORE ORDERED that pending trial, Defendant is released on his
own recognizance.
Clerk to furnish copies to:
Sac County Attorney
Defense Counsel

Type:
OTHER ORDER
Case Number
FECR012703
Case Title
So Ordered
page 2 of 2

STATE OF IOWA,
Plaintiff,
vs.

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on December 17, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior 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 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the 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.
1 of 3

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
2 of 3

Case Number
FECR012703
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2015 JAN 21 4:15 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
WESLEY ARCHIE EUCHNER,
Case No. FECR012703

REPORT OF PRETRIAL
CONFERENCE
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 21, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Mark Rasmussen. The parties,
through the undersigned, represent the following to the Court:
1.
A plea agreement has been reached the terms of which are as
follows: the defendant has agreed to plead to Count 3, pay any restitution and
all costs, and fees, etc., obtain a substance abuse evaluation and follow all
recommendations made therefrom, and testify truthfully in conformity with
statements defendant made to law enforcement. In consideration, the State has
agreed to recommend the following to the Court: 1) that defendant receive a
deferred judgment; 2) that Count 1 and 2 be dismissed without prejudice; and 3)
that defendant be placed on informal probation with the Sac County Probation
Office for a period of two years.
2.
Defendant intends to submit a written guilty plea by February 4,
2015. Defendant intends to waive presence at sentencing. Defendant intends to

waive time between plea and sentencing.
E-FILED 2015 JAN 21 4:15 PM SAC - CLERK OF DISTRICT COURT
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2015 JAN 22 10:20 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
02811 FECR012703
Plaintiff,
vs.
ORDER

Defendant.
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 02/04/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2

Case Number
FECR012703
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
Date: 1/28/2015
State of Iowa
Plaintiff
FECR012703
No.
vs.
EUCHNER, WESLEY A
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 photographic
equipment
(__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) for

expanded media coverage as aforesaid.
Signature__/S/ Jesse Helling_______________________

Date___1/28/2015_____________________
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
2RCR15
STATE OF IOWA,
PLAINTIFF,
Case No. 02811 FECR012703
vs.
ORDER
DEFENDANT.
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 February 9, 2015. If any objection is filed on or
before February 9, 2015, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 9, 2015, 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
MARK J RASMUSSEN
MEDIA COORDINATOR
1 of 2

Case Number
FECR012703
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2015 FEB 04 9:40 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 FEB 04 3:51 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
FECR012703
Plaintiff,
v.
WESLEY A. EUCHNER,
RECORD OF PLEA OF GUILTY AND

DEFERRED JUDGMENT ORDER
Defendant.
DATE:
February 4, 2015
CHARGE:
Count III: Possession of Burglar Tools, an aggravated

misdemeanor, in violation of Iowa Code 713.7
Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is granted a deferred judgment pursuant to Iowa Code
Sections 901.5 and 907.3.
2.
Defendant shall pay all of the following financial obligations:
a.
a civil penalty of $625.00, pursuant to Iowa Code Section 907.14;
b.
court-appointed attorney fees as certified by Mr. Rasmussen. The
Court has determined, by information presented by the parties,
that Defendant is able to pay court-appointed attorney fees;
c.
a $125.00 law enforcement initiative surcharge pursuant to Iowa
Code Section 911.3;
d.
restitution in an amount to be determined at a later time. The
State shall file a statement of pecuniary damages within 30 days of
todays date, or no restitution shall be ordered. Upon filing of such
a statement, the amount claimed in the statement shall be
considered to be ordered to be paid unless Defendant objects to
the claimed amount by filing an objection within 10 days of the
filing of the statement. In that event, the Court shall issue an
order establishing the restitution amount, with or without a hearing
as the Court deems appropriate; and
e.
the court costs of this action;

Defendant shall pay all financial obligations owed to the Clerk of
Court of this county or online at www.iowacourts.gov. Defendant
shall pay the balance due by way of a plan of payment developed
by his probation officer; and
3.
conditions:
Defendant is placed on probation under the following terms and
a.
Defendant is placed on informal probation to the Sac County

Probation Office (the Probation Supervisor) for a period of two (2)
years from the date of filing of this Order;
b.
Defendant shall follow all terms and conditions imposed by the

Probation Supervisor that the Probation Supervisor deems
appropriate. In addition to any terms and conditions imposed by
the Probation Supervisor, the Court specifically imposes all of the
following additional terms and conditions:
(1)
Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;
(2)
Defendant shall obey all laws;
(3)
If Defendant becomes eligible for reinstatement of

Defendants drivers license during the term of probation,
Defendant shall take all steps necessary to obtain a valid
drivers license as soon as Defendant is eligible;
(4)
Defendant shall be employed full-time, attending school fulltime, or engaged in a full-time combination of employment
and school attendance during the period of probation;
(5)
Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is

served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location;
(6)
If Defendant has not already done so, Defendant shall

undergo a substance abuse evaluation and follow any
recommendations for treatment or counseling made as a
result of the evaluation, all at Defendant's own expense. If
Defendant has not already done so, in order to provide proof
that Defendant has undergone the required evaluation,
Defendant shall procure from the substance abuse evaluator
a letter or written report which shall be filed with the Clerk
of this Court no later than 21 days from the date this Order
is filed; and
(7)
Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner.
4.
The Court grants this deferred judgment because it provides for the
rehabilitation of Defendant and for the protection of the community. The Court has
considered the recommendation of the parties with respect to disposition. The terms of
this Order are appropriate in light of the relevant facts, including Defendant's criminal
record, or lack thereof, and/or the circumstances of the case.
5.
Due to the fact that judgment has been deferred, appeal rights do not
apply.
6.
Defendant is advised that, in the event Defendant does not fulfill the
conditions of probation, in addition to potential contempt of court sanctions, the Court
may revoke Defendants probation and impose any sentence authorized by law.
7.
Any cash bail posted by Defendant or on Defendants behalf by a third
party that has acknowledged or agreed that the money posted can be applied toward
Defendants financial obligations shall be applied toward Defendants financial
obligations. All cash bail remaining, if any, after payment of Defendants financial
obligations and all cash bail posted by a third party that has not acknowledged or
agreed that the money posted can be applied toward Defendants financial obligations
is hereby exonerated and shall be returned to the person posting the cash bail. All noncash bail bonds posted, if any, are hereby exonerated.
8.
IT IS FURTHER ORDERED that Counts I and II of the Trial Information as
well as Case No. NTA0022035 are dismissed upon motion of the county attorney and
pursuant to plea agreement. Costs are taxed to the Defendant.
Clerk Shall Furnish Copies To:
County Attorney
Defense Counsel
Probation Supervisor

Type:
OTHER ORDER
Case Number
FECR012703
Case Title
So Ordered
page 5 of 5

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E-FILED 2014 NOV 21 11:45 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Agency Case Number: 2014-12857

Filed with Court Clerk (cc: CA)

Arrest Date: 11/21/2014

Submitted to County Attorney

THE STATE OF IOWA

NOT OF HISPANIC ORIGIN - N

BURGLARY 3RD DEGREE

1821 330TH STREET

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

Signature of Complainant or Officer, Officer Name & Number

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

E-FILED 2014 NOV 21 11:45 AM SAC - CLERK OF DISTRICT COURT

03 - ADMISSION/STATEMENTS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2014 NOV 21 1:13 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2014 NOV 21 1:13 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 21 1:13 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2014-11-21 13:13:22

E-FILED 2014 NOV 21 1:17 PM SAC - CLERK OF DISTRICT COURT

This Complaint and Affidavit is to be:

Agency Case Number: 2014-12857

Filed with Court Clerk (cc: CA)

Arrest Date: 11/21/2014

Submitted to County Attorney

THE STATE OF IOWA

504 COURT STREET

NOT OF HISPANIC ORIGIN - N

POSSESSION OF BURGLARS TOOLS

1821 330TH STREET

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

Signature of Complainant or Officer, Officer Name & Number

SAC COUNTY SHERIFF'S OFFICE

GENERAL PROBABLE CAUSE

E-FILED 2014 NOV 21 1:17 PM SAC - CLERK OF DISTRICT COURT

03 - ADMISSION/STATEMENTS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2014 NOV 21 1:18 PM SAC - CLERK OF DISTRICT COURT

This Complaint and Affidavit is to be:

Agency Case Number: 2014-12857

Filed with Court Clerk (cc: CA)

Arrest Date: 11/21/2014

Submitted to County Attorney