E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:16 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS BLAKE ALLEN WIRTJERS Defendant 02811 SRCR012422

ORDER

The clerk shall issue a warrant for the arrest of the defendant on these charges.

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E-FILED 2013 SEP 23 10:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012422 Type: Case Title STATE VS BLAKE ALLEN WIRTJERS OTHER ORDER So Ordered

Electronically signed on 2013-09-23 10:16:19

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E-FILED 2013 SEP 25 8:37 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 25 8:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. BLAKE ALLEN WIRTJERS, DOB: 05-06-1987 Defendant. TRIAL INFORMATION Case No. SRCR012422

COUNT 1 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, BLAKE ALLEN WIRTJERS (defendant) of the crime of WILLFUL INJURY, a Class D Felony in violation of Iowa Code sections 708.4 and 702.18, committed as follows: On or around September 22, 2013, in Sac County, Iowa, Buster John Wirtjers assaulted Connor Hemer by first striking Connor Hemer in the head with a closed fist, which knocked Connor Hemer to the ground, and Buster John Wirtjers then repeatedly slammed Connor Hemers head on concrete. Buster John Wirtjers did this specifically intending to cause a serious injury to Connor Hemer. Buster John Wirtjers act caused a bodily injury to Connor Hemer. The defendant was acting in concert with Buster John Wirtjers during this assault and / or aiding and abetting Buster John Wirtjers in this public offense. IOWA CODE 708.1, 708.2 (2013)

COUNT 2 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, BLAKE ALLEN WIRTJERS (defendant) of the crime of ASSAULT CAUSING BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections 708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac County, Iowa, Buster John Wirtjers did an act which was intended to cause Carl Hemer pain or injury, Buster John Wirtjers had the apparent ability to do the act, and Buster John Wirtjers act caused a bodily injury to Carl Hemer. The defendant was acting in concert with Buster John Wirtjers during this assault and / or aiding and abetting Buster John Wirtjers in this public offense. IOWA CODE 708.1, 708.2 (2013)

COUNT 3 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, BLAKE ALLEN WIRTJERS (defendant) of the crime of ASSAULT CAUSING BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections 708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac County, Iowa, Buster John Wirtjers did an act which was intended to cause Brandi Wirtjers pain or injury, Buster John Wirtjers had the apparent ability to do the act, and Buster John Wirtjers act caused a bodily injury to Brandi Wirtjers. The defendant was acting in concert with Buster John Wirtjers during this assault and / or aiding and abetting Buster John Wirtjers in this public offense. IOWA CODE 708.1, 708.2 (2013)

COUNT 4 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, BLAKE ALLEN WIRTJERS (defendant) of the crime of ASSAULT CAUSING BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections 708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac County, Iowa, Blake Wirtjers did an act which was intended to cause Connor Hemer pain or injury, Blake Wirtjers had the apparent ability to do the act, and Blake Wirtjers act caused a bodily injury to Connor Hemer.

COUNT 5 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, BLAKE ALLEN WIRTJERS (defendant) of the crime of ASSAULT CAUSING BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections 708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac County, Iowa, Blake Wirtjers did an act which was intended to cause Roxanne Hemer pain or injury, Blake Wirtjers had the apparent ability to do the act, and Blake Wirtjers act caused a bodily injury to Roxanne Hemer.

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 OCT 04 1:19 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012422 Approval of Trial Information Case Title STATE VS BLAKE ALLEN WIRTJERS

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

Electronically signed on 2013-10-04 13:19:43

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E-FILED 2013 OCT 04 12:20 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BLAKE ALLEN WIRTJERS Defendant. CRIMINAL CAUSE NO. SRCR012422

Attachment to Trial Information Witness List

NAMES OF WITNESSES: MATT BIEDE, Deputy, Sac County Sheriff's Department MARLIN, JOHNSON, Manager, Spring Lake Golf Course MITCHELL JOHNSON, Occupation Unknown CARL HEMER, Occupation Unknown CONNOR HEMER, Occupation Unknown COLTON HEMER, Occupation Unknown ROXANNE HEMER, Occupation Unknown JADE GODBERSEN, Occupation Unknown JOHN FERTIG, Occupation Unknown TRAVIS YOUNGREN, Self employed

E-FILED 2013 OCT 04 1:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRI!INAL NO. SRCR"#$%$$ Plaintiff, ORDER SET ARRAI&N!ENT AND BOND v. BLAKE ALLEN WIRTJERS, Defen ant.

T'e TRIAL INFOR!ATION an t'e !INUTES OF E(IDENCE in t'i) *atte+ 'ave ,een e-a*ine an f./n t. 0.ntain )/ffi0ient evi en0e, if /ne-1laine , t. 2a++ant a 0.nvi0ti.n in a t+ial ,3 4/+3, t'e+ef.+e, t'i) *atte+ )'all ,e )et f.+ A++ai5n*ent. IT IS ORDERED, t'e Defen ant )'all 1e+).nall3 a11ea+ f.+ A++ai5n*ent at t'e Sa0 C./nt3 C./+t'./)e, Di)t+i0t C./+t+..*, Sa0 Cit3, I.2a .n t'e 21st day .f October 2013 at 9:00 a.m. Defen ant i) a vi)e t'at fail/+e t. a11ea+ 2ill +e)/lt in t'e i))/an0e .f an a++e)t 2a++ant. IT IS FURTHER ORDERED, t'e Defen ant6) ,.n an 0.n iti.n) f.+ +elea)e f+.* 0/)t. 3 in t'i) *atte+ )'all ,e7 Cle+8 .f C./+t )'all i))/e an a++e)t 2a++ant. U1.n efen ant6) a++e)t, ,.n i) )et in t'e a*./nt .f 9#:,""", 2'i0' */)t ,e 0a)' .+ )e0/+e in t'e a*./nt .f t'e ,.n . Ot'e+ C.n iti.n) .f Relea)e7 Defen ant )'all .,e3 all Fe e+al, State, an L.0al la2). T'e Defen ant )'all ,e .n 1+e;t+ial )/1e+vi)i.n t. t'e Se0.n J/ i0ial Di)t+i0t De1a+t*ent .f C.++e0ti.nal Se+vi0e). T'e Defen ant )'all 'ave n.;0.nta0t 2it' an3 .f t'e 2itne))e) li)te in t'e 2itne)) li)t atta0'e t. t'e T+ial Inf.+*ati.n a) a )e0/+e atta0'*ent <Witne)) Li)t =B>?. T'e Defen ant )'all a,)tain f+.* /)in5 al0.'.l.

State of Iowa Courts Type: Case Number SRCR012422 ORDER FOR ARRAIGNMENT Case Title STATE VS BLAKE ALLEN WIRTJERS So Ordered

Electronically signed on 2013-10-04 13:19:44

page 2 of 2

E-FILED 2013 OCT 04 1:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRI!INAL NO. SRCR"#$%$$ Plaintiff, ORDER SET ARRAI&N!ENT AND BOND v. BLAKE ALLEN WIRTJERS, Defen ant.

T'e TRIAL INFOR!ATION an t'e !INUTES OF E(IDENCE in t'i) *atte+ 'ave ,een e-a*ine an f./n t. 0.ntain )/ffi0ient evi en0e, if /ne-1laine , t. 2a++ant a 0.nvi0ti.n in a t+ial ,3 4/+3, t'e+ef.+e, t'i) *atte+ )'all ,e )et f.+ A++ai5n*ent. IT IS ORDERED, t'e Defen ant )'all 1e+).nall3 a11ea+ f.+ A++ai5n*ent at t'e Sa0 C./nt3 C./+t'./)e, Di)t+i0t C./+t+..*, Sa0 Cit3, I.2a .n t'e 21st day .f October 2013 at 9:00 a.m. Defen ant i) a vi)e t'at fail/+e t. a11ea+ 2ill +e)/lt in t'e i))/an0e .f an a++e)t 2a++ant. IT IS FURTHER ORDERED, t'e Defen ant6) ,.n an 0.n iti.n) f.+ +elea)e f+.* 0/)t. 3 in t'i) *atte+ )'all ,e7 Cle+8 .f C./+t )'all i))/e an a++e)t 2a++ant. U1.n efen ant6) a++e)t, ,.n i) )et in t'e a*./nt .f 9#:,""", 2'i0' */)t ,e 0a)' .+ )e0/+e in t'e a*./nt .f t'e ,.n . Ot'e+ C.n iti.n) .f Relea)e7 Defen ant )'all .,e3 all Fe e+al, State, an L.0al la2). T'e Defen ant )'all ,e .n 1+e;t+ial )/1e+vi)i.n t. t'e Se0.n J/ i0ial Di)t+i0t De1a+t*ent .f C.++e0ti.nal Se+vi0e). T'e Defen ant )'all 'ave n.;0.nta0t 2it' an3 .f t'e 2itne))e) li)te in t'e 2itne)) li)t atta0'e t. t'e T+ial Inf.+*ati.n a) a )e0/+e atta0'*ent <Witne)) Li)t =B>?. T'e Defen ant )'all a,)tain f+.* /)in5 al0.'.l.

State of Iowa Courts Type: Case Number SRCR012422 ORDER FOR ARRAIGNMENT Case Title STATE VS BLAKE ALLEN WIRTJERS So Ordered

Electronically signed on 2013-10-04 13:19:44

page 2 of 2

E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 SRCR012422 vs. BLAKE ALLEN WIRTJERS , Defendant. INITIAL APPEARANCE

Charges: 01 - 708.2(2) - ASSAULT CAUSING BODILY INJURY-1978 (SRMS) 02 - 708.2(2) - ASSAULT CAUSING BODILY INJURY-1978 (SRMS) 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 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 Years Prison And/Or $not less than $315 nor greater than $1,875 X 2 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.
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E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT 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: The bond previously posted shall remain in force.

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 at : AM at the . 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

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E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012422 Type: Case Title STATE VS BLAKE ALLEN WIRTJERS HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-10-07 08:57:38

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E-FILED 2013 OCT 07 10:14 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 07 10:14 AM SAC - CLERK OF DISTRICT COURT

SAC COUNTY JUDICIAL M A G I S T R A T E COURT W A R R E N L. BUSH, JUDICIAL M A G I S T R A T E SAC CITY, IOWA 50583 r \oVJi\ (712) 662-7791 DlSWT c $ j n
f 0 M

BOND A G R E E M E N T I, crime

u Q - ^

WIRTJERS,BLAKE A L L E N (PLEASE PRINT), have been charged with the of: WARRANT WILLFUL INJURY AND ASSULT CAUSING BODLIY INURY XS4

and promise to appear in the Sac County ^/5/irYCsfCourt 21ST day of OCT 2013, AT 9:00 A M (CHECK #1 OR/#2 \s 1. My appearance bond has been set at/o?,/ '^and 1 agree to post all of such bond or 10% as allowed in order to secure my release.
0 00

2. I have been released on my own recognizance pending my appearance at Magistrate Court. y ^ % X I understand I have the right to be represented by an attorney. If I cannot afford one, one will be appointed for me upon application. /tfh/ I understand there are severe penalties for failing to honor this agreement. pl\S I understand my failure to appear at the designated date will cause this agreement to become null and void and a warrant for my arrest will be issued by the Judicial Magistrate.

Bond posted by: ress: ?OG

[ ^ d c C ^ A ^ Pit/CC

& / /

& A f k i Dated:
7

~77h

j / / C / 5

Amount: ^ J ^ / Q O ^

/ O / W /

The party who posted the bond agrees that any fines, surcharges, costs, restitution and other amounts owed may be paid therefrom upon disposition. That party further agrees that, if any sums remain, it may be used for repayment of accrued or accruing room and board charges during incarceration in jail.

S^gS^jtdre of Person Posting Bond (Surety) Received by:

Jailer

Jfyf

^^JXr^
7

Clerk of Court/Designee

E-FILED 2013 OCT 15 8:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 15 8:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 21 1:27 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 21 1:27 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 21 2:48 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. BLAKE ALLEN WIRTJERS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 21, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Richard O. McConville. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on December 17, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 SRCR012422

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY RICHARD OWEN MCCONVILLE

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E-FILED 2013 OCT 21 2:48 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012422 Type: Case Title STATE VS BLAKE ALLEN WIRTJERS ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-21 14:48:05

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E-FILED 2013 OCT 21 2:48 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. BLAKE ALLEN WIRTJERS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 21, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Richard O. McConville. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on December 17, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 SRCR012422

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY RICHARD OWEN MCCONVILLE

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E-FILED 2013 OCT 21 2:48 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012422 Type: Case Title STATE VS BLAKE ALLEN WIRTJERS ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-21 14:48:05

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E-FILED 2013 OCT 22 7:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 22 7:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 22 7:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 01 1:37 PM SAC - CLERK OF DISTRICT COURT

2RCR09

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. BLAKE ALLEN WIRTJERS , Defendant. ORDER Case No. 02811 SRCR012422

The Defendant has filed a motion to extend time for the filing of pretrial motions and discovery. The Defendant has waived the right to speedy trial, and the State reportedly has no objection to this motion. Defendant has waived his right to speedy trial. IT IS, THEREFORE, THE ORDER OF THE COURT that the Defendant shall have up to and including January 15, 2014, to complete discovery and file pretrial motions.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY RICHARD OWEN MCCONVILLE

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E-FILED 2013 NOV 01 1:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012422 Type: Case Title STATE VS BLAKE ALLEN WIRTJERS OTHER ORDER So Ordered

Electronically signed on 2013-11-01 13:37:00

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E-FILED 2013 NOV 05 9:24 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

No: SRCR012422

ORDER RESET TRIAL DATE BLAKE ALLEN WIRTJERS, Defendant.

THE CO RT FINDS t!at t!e a"o#e entitled $atte% i& &et fo% T%ial on De'e$"e% 1(, 201). T!e Co*%t f*%t!e% find& t!at Defendant !a& +ai#ed &,eed- t%ial and t!at .an*a%- 1/, 2014 i& t!e e0tended date fo% 'o$,letion of di&'o#e%- and t!e final date to file ,%et%ial $otion&1 t!e%efo%e, t!e T%ial date in t!e a"o#e $atte% need& %e&et to 'o%%e&,ond +it! t!e e0tended ti$e f%a$e o%de%ed fo% di&'o#e%- and ,%et%ial $otion&. IT IS THEREFORE ORDERED t!at t!e T%ial date "e %e&et to t!e 28th da- of January 20 ! at "#00 a$%., in t!e Di&t%i't Co*%t%oo$ of t!e Sa' Co*nt- Co*%t!o*&e, Sa' Cit-, Io+a. IT IS FURTHER ORDERED t!at P%e T%ial Confe%en'e &!all "e !eld on January &, 20 ! at "#00 a$%. at t!e Sa' Co*nt- Co*%t!o*&e, Sa' Cit- Io+a.

O%i2inal filed, Cle%3 to P%o#ide Co,ie& to: Co*nt- Atto%neDefendant4& Atto%ne-, Ri'!a%d O. 5'Con#ille Co*%t Ad$ini&t%ation

E-FILED 2013 NOV 05 9:24 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012422 ORDER FOR CONTINUANCE Case Title STATE VS BLAKE ALLEN WIRTJERS So Ordered

Electronically signed on 2013-11-05 09:24:37

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E-FILED 2013 DEC 12 2:15 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 12 2:15 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 12 2:15 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 16 2:30 PM SAC - C L E R K OF DISTRICT COURT

IN THE IDW A D B T R E T COURT IN AND FOR SAC COUNTY

STATE O F B W A , Plaintiff, vs. B L A K E A L L E N W IRTJERS, DOB: 05/06/1987 Defendant. COUNT m No. SRCR012422

ORDER DEFERRING JUDGM E N T - C o u n t m

BE IT REMEMBERED that the State is represented by Sac County Attorney Benjamin John Smith, and Defendant is represented by and appears by Attorney at Law Richard 0. McConville. Having previously filed, herein a Waiver of Rights and Appearance Plea of Guilty to the said offense, which plea contained statements by Defendant pursuant to the requirements of State v. Sisco. 169 N.W.2d 542 and Brainard v. State. 222 N.W.2d 711. Defendant's guilty plea is accepted. In entering his guilty plea the Defendant acknowledged awareness of his rights and that the plea was voluntarily entered. Defendant waived additional time for sentencing and acknowledged that he would not be in a position to file a motion in an-est of judgment if judgment was imposed immediately and that Defendant still wished to have sentence pronounced at this time. The Defendant has plead guilty to the crime of ASSAULT CAUSING BODILY INJURY, in violation of Iowa Code Section 708.1, 708.2(2), a Serious Misdemeanor.

TT To ORDERED that the entry of judgment and pronouncement of sentence is deferred and Defendant is placed on probation to the Sac County Probation Officer for a period of six months, and during such probation period, Defendant shall abide by all the terms and conditions of the probation as set forth on the Probation Agreement. Upon successful completion of probation, Defendant shall be discharged without imposition of sentence or judgment. Defendant's probation shall be subject to the following terms and conditions: 1. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement with the Sac County Probation Officer at the Sac County Courthouse, 100 NW State Street, 2 Floor, Sac City, Iowa.
nd

a. Defendant shall obey all Federal, State, and local, laws and ordinances. b. Defendant shall report all new arrests to the Sac County Probation Officer within seven days of the arrest. c. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to any change in address until all obligations of this case have been completed.

E-FILED 2013 DEC 16 2:30 P M S A C - C L E R K OF DISTRICT COURT

2. Defendant shall pay a Civil Penalty, to the State Court Administrator, in the amount of $315 DO. 3. Defendant shall pay court costs in the amount of Sl20)0;to be paid as ordered by the Court. 4. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment by paying $75J00 per month to the Sac County C Jerk o f Court with payments to begin on the 15 day of the m onth following this order and shall continue on the 15 dayof each month until paid in full. HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID W TT H IN 24 M O N T H S O F THE DATE OF THIS J U D G M E N T , T H E B A L A N C E IS DUE AT THAT TIM E . D efendant E advdaad that i f one payrt ent is m issed, the entire obligation beoom es in m ecLateV due.
th th

TT TS F U R T H E R O R D E R E D that Counts I, II, IV, and V ofthe Trial Information shall be dismissed after the appeal period has run in Count III, without further order of the court. TT IS FURTH ER 0 RD ERED that the No-Contact order issued on the 4 day of October 2013, as a condition of Defendant's continued release from custody, is hereby canceled. TT IS F U R T H E R O R D E R E D that bond previously set in this matter is exonerated. Defendant having appeared, any balance of appearance bond is released after application to fine, surcharge, court costs, attorney fees, and restitution.
th

Original filed, Copies to: County Attorney Defendant's Attorney, Richard 0. McConville Court Administrator

E-FILED 2013 DEC 16 2:30 PM SAC - C L E R K OF DISTRICT COURT

State of lowa Courts Type: OTHER ORDER

Case Number SRCRO12422

Case Title STATE VS BLAKE ALLEN WIRTJERS So Ordered

Second Judicial District of lowa Electronically signed on 2013-12-16 14:30:29 page 3 of 3

E-FILED 2013 DEC 16 2:30 PM SAC - CLERK OF DISTRICT COURT

I N TH E I OW A DI STRI CT CO U RT I N AN D FO R SAC CO U N TY STATE O F I O W A,

Plaintiff,
VS.

No. SRCR012422

BLAK E ALLEN W I RTJ ERS,

DOB: 05/06/1987 Defendant.

O RD ER D EFERRI NG J U D G M EN T-CountI I I

CO U N T I I I
BE IT E!E!BE ED t"at t"e State i# $e%$e#ented &' Sa( )o*nt' +tto$ne' Ben,a-in .o"n S-it", and Defendant i# $e%$e#ented &' and a%%ea$# &' +tto$ne' at /a0 i("a$d 0. !()on1ille. 2a1in3 %$e1io*#l' filed. "e$ein a 4ai1e$ of i3"t# and +%%ea$an(e Plea of 5*ilt' to t"e #aid offen#e, 0"i(" %lea (ontained #tate-ent# &' Defendant %*$#*ant to t"e $e6*i$e-ent# of State 1. Si#(o, 169 N.4.7d 587 and B$aina$d 1. State, 777 N.4.7d 711. Defendant9# 3*ilt' %lea i# a((e%ted. In ente$in3 "i# 3*ilt' %lea t"e Defendant a(:no0led3ed a0a$ene## of "i# $i3"t# and t"at t"e %lea 0a# 1ol*nta$il' ente$ed. Defendant 0ai1ed additional ti-e fo$ #enten(in3 and a(:no0led3ed t"at "e 0o*ld not &e in a %o#ition to file a -otion in an-e#t of ,*d3-ent if ,*d3-ent 0a# i-%o#ed i--ediatel' and t"at Defendant #till 0i#"ed to "a1e #enten(e %$ono*n(ed at t"i# ti-e. T"e Defendant "a# %lead 3*ilt' to t"e ($i-e of ASSAU LT CAU SI N G BO D I LY I NJ U RY,in 1iolation of Io0a )ode Se(tion 708.1, 708.7;7<, a Se$io*# !i#de-eano$.

I T I S O RD ERED t"at t"e ent$' of ,*d3-ent and %$ono*n(e-ent of #enten(e i# defe$$ed and Defendant i# %la(ed on %$o&ation to t"e Sa( )o*nt' P$o&ation Offi(e$ fo$ a %e$iod of #i= -ont"#, and d*$in3 #*(" %$o&ation %e$iod, Defendant #"all a&ide &' all t"e te$-# and (ondition# of t"e %$o&ation a# #et fo$t" on t"e P$o&ation +3$ee-ent. >%on #*((e##f*l (o-%letion of %$o&ation, Defendant #"all &e di#("a$3ed 0it"o*t i-%o#ition of #enten(e o$ ,*d3-ent. Defendant9# %$o&ation #"all &e #*&,e(t to t"e follo0in3 te$-# and (ondition#:
1. Defendant, 0it"in 77 "o*$# of t"i# .*d3-ent, #"all #i3n a P$o&ation +3$ee-ent 0it" t"e Sa( )o*nt' P$o&ation Offi(e$ at t"e Sa( )o*nt' )o*$t"o*#e, 100 N4 State St$eet, 7nd ?loo$, Sa( )it', Io0a. a. Defendant #"all o&e' all ?ede$al, State, and lo(al, la0# and o$dinan(e#. &. Defendant #"all $e%o$t all ne0 a$$e#t# to t"e Sa( )o*nt' P$o&ation Offi(e$ 0it"in #e1en da'# of t"e a$$e#t. (. Defendant #"all :ee% t"e )le$: of )o*$t and t"e Sa( )o*nt' P$o&ation Offi(e$ notified a# to an' ("an3e in add$e## *ntil all o&li3ation# of t"i# (a#e "a1e &een (o-%leted.

E-FILED 2013 DEC 16 2:30 PM SAC - CLERK OF DISTRICT COURT

7. Defendant #"all %a' a )i1il Penalt', to t"e State )o*$t +d-ini#t$ato$, in t"e a-o*nt of

$315. 00.
@. Defendant #"all %a' (o*$t (o#t# in t"e a-o*nt of $120. 00;to &e %aid a# o$de$ed &' t"e )o*$t. 8. I T I S FU RTH ER O RD ERED t"at Defendant #"all %a' all a-o*nt# o$de$ed &' t"i# .*d3-ent &' %a'in3 $75. 00 per m ont h to t"e Sa( Count y Cl er k of Cour t 0it" h day of t %a'-ent# to &e3in on t"e 15t he m ont h follo0in3 t"i# o$de$ and #"all (ontin*e h day of ea(" -ont" *ntil %aid in f*ll. on t"e 15t

H O W EVER I F TH E ABO VE PAYM EN T PLAN D O ES N O T RESU LT I N TH E TO TAL O BLI G ATI O N S BEI N G PAI D WI TH I N 24 M O N TH S O F TH E D ATE O F TH I SJ U D G M EN T,TH E BALAN CE I S D U E AT TH AT TI M E.D ef endant i s advi s ed t hat i f one paym ent i smi s s ed,t he ent i r e obl i gat i on becom es i m m edi at el y due. I T I S FU RTH E R O RD ERED t"at )o*nt# I, II, IV, and V of t"e T$ial Info$-ation
#"all &e di#-i##ed afte$ t"e a%%eal %e$iod "a# $*n in )o*nt III, 0it"o*t f*$t"e$ o$de$ of t"e (o*$t.

I TI S FU RTH ER O RD ERED t"at t"e NoA)onta(t o$de$ i##*ed on t"e 8t" da' of O(to&e$
701@, a# a (ondition of Defendant9# (ontin*ed $elea#e f$o- (*#tod', i# "e$e&' (an(eled.

I T I S FU RTH ER O RD ERED t"at &ond %$e1io*#l' #et in t"i# -atte$ i# e=one$ated.

Defendant "a1in3 a%%ea$ed, an' &alan(e of a%%ea$an(e &ond i# $elea#ed afte$ a%%li(ation to fine, #*$("a$3e, (o*$t (o#t#, atto$ne' fee#, and $e#tit*tion.

O$i3inal filed, )o%ie# to: )o*nt' +tto$ne' Defendant9# +tto$ne', i("a$d 0. !()on1ille )o*$t +d-ini#t$ato$

E-FILED 2013 DEC 16 2:30 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012422 OTHER ORDER Case Title STATE VS BLAKE ALLEN WIRTJERS So Ordered

Electronically signed on 2013-12-16 14:30:29

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