E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 12 4:21 PM SAC - CLERK OF DISTRICT COURT

8-0\
IN THE IOWA DISTRICT COURT FOR_ STATE OF IOWA or Plaintiff/Petitioner,
vs.

Sac Criminal

COUNTY CivU

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: jfca -.-^ U n n m Home Phone: ~7)p Street Address: /// V e \n W i \ W o -t-VA Birth Date: E-mail: ( V 3- ~g1

)- l~i-TD^C~e\\ Phone: fro** <A<*r)r Street/P.O. Box

v

'Af&#

c^"^y
fs<awAt.,\

State

Zip

Pending charges: <An(\i^ Do you have a job? ^ Who do you work for?

C A C Y ^ . y ^ A r ^ p -^P^inkase , Yes, Full Time

In Jail? ^ Yes No )

No Job

Y e s , Part Time (List Hours/week:

How much money do you currently make before taxes or deductions?

per hour month year cO

How much money have you made in the last 12 monthsfromany source, before taxes or deductions? How many family members are supported by or live with you? If a spouse lives with you, how much money does your spouse make? A c > & ~ > List all other money you, or anyone else living in your household, has coming in:

per hour month year

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100:

ist amounts you pay monthly for mortg es, rentj car loans, credit cards, child support, or any other debts:

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 unable to pay for an attorney to represent me.

Date 3-ta-l

e
Rev. I/6/I2

E-FILED 2014 MAR 13 12:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012513 vs. JONATHON LEVI WILLROTH , Defendant. Defendant's Correct Address: PO Box 81, Early, IA 50535 INITIAL APPEARANCE

Charges: 01 - 709.4(1) - SEXUAL ABUSE 3RD DEGREE (FELC) 02 - 708.8-2 - GOING ARMED WITH INTENT - 1978 (FELD) 03 - 708.2A(2)(C) - DOMESTIC ABUSE ASSAULT W/INTENT OR displayS A WEAPON (AGMS) 04 - 708.3(B) - ASSLT WHILE PARTIC. IN FELONY - 1978 (FELD) 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 One class C and two class D felonies 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 Up to 22 Years Prison And/Or $fine of not less than $3,125 nor more than $21,250

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E-FILED 2014 MAR 13 12:48 PM SAC - CLERK OF DISTRICT COURT

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 $22,000. You are to have no contact with Emily Wilroth. You must obey all laws of Iowa and the United States. You must surrender all firearms to the Sac County Sheriff. You must not use any alcohol or illegal drugs. 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 03/24/2014 at 9:00 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 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 2014 MAR 13 12:48 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012513 Type: Case Title STATE VS JONATHAN LEVI WILLROTH HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2014-03-13 12:48:47

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E-FILED 2014 MAR 13 1:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. JONATHON LEVI WILLROTH , DEFENDANT. 02811 FECR012513 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%25 of the guidelines, not appointing would cause financial hardship.

Attorney Thomas Gustafson 712-263-6475, a contract attorney, is appointed.

COPY PROVIDED TO DEFENDANT

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E-FILED 2014 MAR 13 1:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012513 Type: Case Title STATE VS JONATHAN LEVI WILLROTH ORDER APPOINTING So Ordered

Electronically signed on 2014-03-13 13:02:34

2 of 2

E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection This order can be verified during business hours with the SAC County Clerk of Court at: (712) 662-7791. or anytime with the SAC County Sheriff's Office at: (712) 662-7791 .

Case No. 02811 FECR012513

Judge Bush

NO CONTACT ORDER

ISSUE DATE: 03/13/2014

PROTECTED PARTY: Emily Wilroth

Other Protected Persons: Jasper Willroth DOB 8/19/08 Rosemary Waters DOB 12/07/05

STATE OF IOWA, VS DEFENDANT: JONATHON LEVI WILLROTH

Defendant Date of Birth: 6-02-87

CAUTION: If checked, FIREARMS WARNING for law enforcement

THE COURT HEREBY FINDS:

Address for Defendant (not shared address with protected party) 111 Cross St., Early IA 50535

It has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:

The above named Defendant is restrained from committing further acts of abuse or threats of abuse. The above named Defendant is restrained from any contact with the Protected Party.
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E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT

Additional terms of this order are as set forth below. This order shall remain in effect until modified or terminated by further written order of the court, until the case is dismissed, or until sentencing. WARNINGS TO DEFENDANT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18U.S.C. 2262). Federal law provides penalties for possessing, transporting shipping, or receiving any firearm or ammunition (18 U.S.C. 922(g)(8)). Only the court can change this order. On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's appearance, the court finds there is probable cause to believe that a violation of Iowa Code section 708.2A Domestic Abuse Assualt has occurred. the presence of the defendant in the alleged victim's residence poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate family. If checked, the court finds the defendant and protected party meet the definition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person"). IF CHECKED, the court must check box 6, prohibiting the defendant from possessing firearms. Therefore, the court orders as follows: 1. Defendant shall not communicate with the protected party in person or through any means including third persons. This restriction shall not prohibit communication through legal counsel. 2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the protected party. Defendant shall stay away from the protected party and shall not be in that party's presence except in a courtroom during court hearings. 3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to cause bodily injury. 4. If checked, defendant may enter the shared residence once in the company of a peace officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the law enforcement agency all devices that allow access or entry to the residence or outbuildings (for example, keys or garage openers). The law enforcement agency shall contact the protected party to
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E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT

provide notice of the intent of the defendant to return to the residence and to accommodate the safety concerns of the protected party. 5. If checked, additional directives: 6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency) on or before date of release. The defendant is advised that the issuance of this protective order may also affect the right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8). 7. This protective order is in effect immediately. The order may be extended prior to expiration or at sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension). 8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release defendant from restrictions contained in this order. 9. Except as specifically set out herein, this order shall not be construed as an award of personal or real property to either the defendant or the protected party. 10. Bond is set at $22,300 11. If checked, defendant qualifies for court-appointed counsel, and attorney Tom Gustafson is appointed. Defendant was personally served with a copy of this order by the court. The clerk of court shall provide copies of this order to the protected party, county attorney, defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections 236.5(5) and 664A.4. The SAC County Sheriff shall serve and return service of this order upon defendant. NOTICE: If you have a disability and need assistance to participate in court proceedings, please call the ADA Coordinator at (641) 421-0990. If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

3 of 4

E-FILED 2014 MAR 13 1:57 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012513 Type: Case Title STATE VS JONATHAN LEVI WILLROTH NO CONTACT ORDER So Ordered

Electronically signed on 2014-03-13 13:57:44

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E-FILED 2014 MAR 13 2:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 14 9:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA, VS. JONATHON LEVI WILLROTH, DEFENDANT. * *
*

NO. FECR012513

APPEARANCE OF COUNSEL FOR DEFENDANT

* * * * * * * *

COMES NOW Thomas E. Gustafson, Gustafson Law Firm, 36 South 12th Street, P.O. Box 57, Denison, Iowa 51442, and enters his Appearance as the Court-appointed attorney in this matter on behalf of the above-named Defendant, Jonathon Levi Willroth. Dated this 14th day of March, 2014.
JONATHON LEVI WILLROTH

Defendant __/ s / Thomas E. Gustafson__ Thomas E. Gustafson GUSTAFSON LAW FIRM ICIS Pin AT0003025 36 South 12th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net Original filed electronically

E-FILED 2014 MAR 14 9:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA VS. JONATHON LEVI WILLROTH, DEFENDANT. * * * APPLICATION FOR IMMEDIATE BOND REVIEW NO. FECR012513

* * * * * * * *

COMES NOW the above-named Defendant through his attorney, Thomas E. Gustafson, and pursuant to Section 811.2 of the Iowa Code, makes Application to this Court for an immediate bond review of the Appearance Bond set by the Court. In support of this Application, it is stated that the Defendant is not a flight risk in his appearance for trial or other proceedings before this Court will be reasonably assured by the Defendants release from custody upon his own recognizance, or upon execution by him of an unsecured appearance bond in an amount fixed by the Court, together with any conditions of release the Court may impose. The Defendants release from custody will not jeopardize the safety of other persons. THEREFORE, it is respectfully requested that this Court grant the above Application for Immediate Bond Review and that upon such review, enter an Order releasing the Defendant upon his own recognizance as requested above, or upon execution of an unsecured Appearance Bond in an amount fixed by the Court, together with any conditions of release as the Court may deem appropriate. Dated this 14th day of March, 2014.
JONATHON LEVI WILLROTH

Defendant _/ s / Thomas E. Gustafson_ Thomas E. Gustafson GUSTAFSON LAW FIRM 36 South 12th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net Original filed electronically

E-FILED 2014 MAR 14 12:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 14 4:29 PM SAC - CLERK OF DISTRICT COURT

2RCR10

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. JONATHON LEVI WILLROTH , DEFENDANT. ORDER Case No. 02811 FECR012513

The Defendant has filed an application for bond review. A Bond Review is scheduled on 03/24/2014 at 02:30 PM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The sheriff shall deliver the Defendant to the courthouse for this hearing. IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY THOMAS GUSTAFSON SAC COUNTY SHERIFF

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E-FILED 2014 MAR 14 4:29 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012513 Type: Case Title STATE VS JONATHAN LEVI WILLROTH ORDER SETTING HEARING So Ordered

Electronically signed on 2014-03-14 16:29:54

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E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012513 Plaintiff, vs. TRIAL INFORMATION JONATHON LEVI WILLROTH, DOB: 06/02/1987 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, Jonathon Levi Willroth of the crime of SEXUAL ABUSE IN THE THIRD DEGREE, a Class C Felony in violation of Iowa Code Sections 709.1, 709.4(1), and 903B.1 committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully sexually abuse E.W. by performing a sex act against her will or by force, whether or not the other person is the persons spouse or is cohabiting with the person. 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, Jonathon Levi Willroth of the crime of GOING ARMED WITH INTENT, a Class D Felony in violation of Iowa Code Section 708.8 committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa did unlawfully, without justification, and willfully go armed with any dangerous weapon, a shotgun, with the intent to use such weapon without justification against E.W.

E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT

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, Jonathon Levi Willroth of the crime of DOMESTIC ABUSE ASSAULT, an Aggravated Misdemeanor in violation of Iowa Code Sections 708.2A(2)(c) and 708.2A(2)(d) committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully commit domestic assault against E.W., a residing household member, by the use or display of a dangerous weapon in connection with the assault. 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, Jonathon Levi Willroth of the crime of ASSAULT WHILE PARTICIPATING IN FELONY, a Class D Felony in violation of Iowa Code Section 708.3 committed as follows: The said Defendant, Jonathon Levi Willroth, on or about March 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully assault E.W. while participating in the crime of Going Armed with Intent, a Class D Felony, with no serious injury resulting. COUNT V 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, Jonathon Levi Willroth of the crime of NEGLECT OF A DEPENDENT PERSON, a CLASS C FELONY in violation of Iowa Code Section 726.3 committed as follows: on or about March 11, 2014, the defendant was the father having custody of J.W. and J.W. was a person under the age of fourteen years and the defendant knowingly or recklessly exposed J.W. to a hazard or danger against J.W. could not reasonably be expected to protect himself. IOWA CODE 726.3, 702.5.

E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT

COUNT VI 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, Jonathon Levi Willroth of the crime of NEGLECT OF A DEPENDENT PERSON, a CLASS C FELONY in violation of Iowa Code Section 726.3 committed as follows: on or about March 11, 2014, the defendant was the father or person having custody of R.W. and R.W. was a person under the age of fourteen years and the defendant knowingly or recklessly exposed R.W. to a hazard or danger against R.W. could not reasonably be expected to protect himself. IOWA CODE 726.3, 702.5. COUNT VII 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, Jonathon Levi Willroth of the crime of ASSAULT WITH INTENT TO COMMIT SEX ABUSE, an Aggravated Misdemeanor in violation of Iowa Code section 709.11, committed as follows: On or about March 11, 2014, the defendant assaulted E.W. with the intent to commit a sex act by force or against the will of E.W.. IOWA CODE 709.11, 708.1 (2013)

A TRUE INFORMATION

____________________________ 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 3

E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST EMILY WILLROTH, CERTIFIED NURSES AID KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT B.K. GYANO M.D., EMERGENCY ROOM PHYSICIAN, LORING HOSPITAL

E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012513 Approval of Trial Information Case Title STATE VS JONATHAN LEVI WILLROTH

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 2014-03-20 09:21:16

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E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CRIMINAL NO. FECR012513 STATE OF IOWA, Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. JONATHON LEVI WILLROTH, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unex lained, to !arrant a conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment. IT IS ORDERED, the Defendant shall ersonall" a ear for Arra !"#$"% at the Sac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the &%' da" of A(r ) 201* a% +,00 a.#.. The Defendant is advised that failure to a ear !ill result in the issuance of an arrest !arrant. IT IS FURTHER ORDERED, the Defendant&s bond and conditions for release from custod" in this matter shall be' B-". (r$/ -01)2 1$% 1'a)) 3-"% "0$. D$4$".a"% 1'a)) -5$2 a)) F$.$ra), S%a%$, a". L-3a) )a61.

E-FILED 2014 MAR 20 9:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012513 ORDER FOR ARRAIGNMENT Case Title STATE VS JONATHAN LEVI WILLROTH So Ordered

Electronically signed on 2014-03-20 09:21:17

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E-FILED 2014 MAR 24 8:37 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY THE STATE OF IOWA, VS.
JONATHON LEVI WILLROTH,

* * * *

NO. FECR012513 APPLICATION TO DEPOSE WITNESSES AT STATE EXPENSE

DEFENDANT.

* * * * * * * COMES NOW the Defendant by his Court-appointed attorney, Thomas E. Gustafson, and makes Application to this Court for an Order allowing the Defendant to depose the States witness or witnesses, and all persons having knowledge of the States case and the evidence in support of it, pursuant to Rule 2.13 of the Iowa Rules of Criminal Procedure, all at public expense. Dated this 24th day of March, 2014. JONATHON LEVI WILLROTH Defendant __/ s / Thomas E. Gustafson__ Thomas E. Gustafson GUSTAFSON LAW FIRM 36 South 12th Street, P.O. Box 57 Denison, Iowa 51442 712-263-6475 telephone 712-263-5602 facsimile guslaw@frontiernet.net Original filed electronically

E-FILED 2014 MAR 24 9:45 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY ) ) Plaintiff, ) Case No. FECR01 !1" ) #s. ) ORDER RE$ DEPOSITION OF ) WITNESSES %ONATHON &E'I WI&&ROTH, ) ) Defen(ant. ) )))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) The defendant has made application for approval to depose the States witnesses at State expense pursuant to I.R.Cr.P. 2.13. The Court finds that the application should e !ranted. IT IS SO ORDERED. STATE OF IOWA,

Cle*+ to P*o#i(e Co,ies to" Count# $ttorne# %efense Counsel

E-FILED 2014 MAR 24 9:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012513 OTHER ORDER Case Title STATE VS JONATHAN LEVI WILLROTH So Ordered

Electronically signed on 2014-03-24 09:45:32

page 2 of 2

E-FILED 2014 MAR 24 1:43 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JONATHON LEVI WILLROTH, Defendant. STATES RESISTANCE TO DEFENDANTS MOTION TO DISMISS AND MOTION TO INCREASE BOND Case No. FECR012513

COMES NOW the State of Iowa and for its resistance to defendants motion to reduce bond respectfully states the following: 1. In determining which conditions of release will reasonably assure defendants appearance and the safety of another person or persons, the Court is to consider, among other things, the nature and circumstances of the offense charged, the defendant's family ties, employment, character, the length of the defendant's residence in the community, the defendant's record of convictions, including the defendant's failure to pay any fine, surcharge, or court costs, and the defendant's record of appearance at court proceedings or of flight to avoid prosecution. IOWA CODE 811.2 (2013) 2. First, defendants ties to the area are weak; the defendant was living with the victim at the time of the crime because he had no place to live and was unemployed. 3. The nature and circumstances of the offenses charged and the underlying factual basis for the same demonstrate defendant poses a SERIOUS danger to the victims, witnesses, and himself. The defendant is charged with, among other things, threatening to kill his ex-wife and his children with a firearm, as well as sexually assaulting / abusing his ex-wife. Also, the defendant admitted to law enforcement that he had threatened to take his own life. (See Attachment A to the Minutes of Testimony, which are incorporated herein by reference as though fully set forth herein). 4. Additionally, defendant is an admitted methamphetamine abuser and also admitted to law enforcement that he becomes more sexually aggressive when he is using methamphetamine. 5. Lastly, if anything, the Court should increase defendants bond as the Trial Information charged defendant with two additional Class C Felony charges, which were not filed when defendants bond was initially set.

E-FILED 2014 MAR 24 1:43 PM SAC - CLERK OF DISTRICT COURT

WHEREFORE, for the above-stated reasons, the State moves that defendants motion to reduce bond be denied in its entirety and for other relief as the Court deems just and equitable in the premises, including increasing defendants bond and / or making it cash only.

__________________________ 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 2014 MAR 24 3:07 PM SAC - CLERK OF DISTRICT COURT

2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. JONATHON LEVI WILLROTH , Defendant.

Case No. 02811 FECR012513

COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.) Appearances: For the State: No Appearance For the Defendant: Thomas Gustafson Other: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Jackie Thompson Schaffner, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. The type of proceeding that was reported: Bond Review 2. The date(s) on which the proceeding occurred: 03/24/2014 3. The name of the court reporter who reported the proceeding: Jackie Thompson Schaffner 4. The name of the judge who presided over the proceeding: Kurt J. Stoebe 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/ Jackie Thompson Schaffner ___________________________________ District Court Reporter
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E-FILED 2014 MAR 24 3:07 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012513 Type: Case Title STATE VS JONATHAN LEVI WILLROTH COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered

Electronically signed on 2014-03-24 15:07:45

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E-FILED 2014 MAR 24 3:28 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY ) ) Plaintiff, ) Case No. FECR01 !1" ) #s. ) ORDER RE$ %OND RE&IEW ) 'ONATHAN (E&I WI((ROTH, ) ) Defen)ant. ) ************************************************************************ The defendants Motion for Bond Review came before the Court for hearing. The defendant appeared personally with Attorney Thomas ustafson. The !tate appeared through its written resistance to the defendants Motion for Bond Review. "efendant has been charged with !e#ual Abuse in the Third "egree $Class C felony%& oing Armed with 'ntent $Class " felony%& "omestic Abuse Assault $Aggravated Misdemeanor%& Assault (hile )articipating in a *elony $Class " felony%& +eglect of a "ependent )erson $Class C felony% $, counts%& and Assault with 'ntent to Commit !e# Abuse $Aggravated Misdemeanor%. Magistrate (arren Bush set the defendants bond on March 1-& ,.1/& at 0,,&...... cash or surety. *rom the time of the defendants initial appearance to the time of hearing on this motion& the !tate has added two Class C felonies through the trial information. The defendant testified that he has lived in the !tate of 'owa for most of his life& however he had left the state and had returned appro#imately si# months before his arrest. 1e was unemployed at the time of the arrest. 1e does not have a drivers license and relies on others for rides. 1e believes that he can live with his father in Charter 2a3& 'owa& and has a 4ob in "enison& 'owa. 1e also testified that he has a ride to and from wor3. 1 STATE OF IOWA,

E-FILED 2014 MAR 24 3:28 PM SAC - CLERK OF DISTRICT COURT

'owa Code !ection 511., provides that the Court must consider probability that the defendant will attend all court appearances and the danger which he presents to the community in setting bond. The Court finds that the defendant presents a substantial danger to the community. (hile there is a presumption of innocence for trial& the Court must only determine that there is probable cause in setting bond. The Court has found that there is probable cause that all of the charges have occurred. These charges involve violent and dangerous acts. The Court therefore finds that the defendant presents a danger to the community. The !tate has re6uested that the Court increase the bond. The Court finds that the current bond is sufficient to ensure the defendants appearance and safety. 1owever& the Court will provide that if the defendant posts the bond& his release must be supervised by the !econd 7udicial "istrict "epartment of Correctional !ervices. IT IS THEREFORE ORDERED$ 1. ,. The defendants bond shall remain at 0,,&...... cash or surety. 'f the defendant posts the bond& then he must contact the !econd 7udicial

"istrict "epartment of Correctional !ervices within /5 hours of his release and enter into a contract for supervision.

Cle+, to P+o#i)e Co-ies to8 County Attorney "efense Counsel !ac County 7ail

E-FILED 2014 MAR 24 3:28 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012513 OTHER ORDER Case Title STATE VS JONATHAN LEVI WILLROTH So Ordered

Electronically signed on 2014-03-24 15:28:34

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E-FILED 2014 MAR 25 8:48 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 25 8:48 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 26 8:46 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. JONATHON LEVI WILLROTH , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on March 25, 2014. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Thomas E. Gustafson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on May 13, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 05/05/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's 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.
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Case No. 02811 FECR012513

ORDER FOR TRIAL

E-FILED 2014 MAR 26 8:46 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY THOMAS GUSTAFSON

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E-FILED 2014 MAR 26 8:46 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012513 Type: Case Title STATE VS JONATHAN LEVI WILLROTH ORDER SETTING TRIAL So Ordered

Electronically signed on 2014-03-26 08:46:36

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