Trial of Early Man Accused of Sexual Abuse 3rd Degree, Going Armed With Intent, Domestic Abuse Assault, and Assault While Participating in A Felony Continued

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

IN THE IOWA DISTRICT COURT FOR_
Sac COUNTY
8-0\
STATE OF IOWA or
Plaintiff/Petitioner,
vs.
Defendant/Respondent.
Criminal
CivU
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: jfca -.-^ U n n m V e \ n W i \ Wo -t-VA Birth Date: ( V 3- ~g1
Home Phone: ~7)p )- l~i-TD^C~e\\ Phone: E-mail:
Street Address: /// fro** <A<*r)r
Street/P.O. Box
'Af&# c^"^y
State Zip
Pending charges: <An(\i^
v
C A C Y ^ . y ^ A r ^ p - ^ P^ i nka se , fs<awAt.,\ In Jail? ^ Y es No
Do you have a job? ^ No Job Y es, Full Time Y e s, Part Time (List Hours/week: )
Who do you work for?
per hour month year How much money do you currently make before taxes or deductions?
How much money have you made in the last 12 months from any source, before taxes or deductions? cO
How many family members are supported by or live with you?
If a spouse lives with you, how much money does your spouse make? Ac>&~> per hour month year
List all other money you, or anyone else living in your household, has coming in:
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 Y e
Rev. I/6/I2
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

JONATHON LEVI WILLROTH ,
Defendant.
Defendant's Correct Address: PO Box 81, Early,
IA 50535

Case No: 02811 FECR012513

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

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 $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
2 of 3
State of Iowa Courts
Case Number Case Title
FECR012513 STATE VS JONATHAN LEVI WILLROTH
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-03-13 12:48:47
3 of 3
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.


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

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2

Order of Protection Case No. 02811 FECR012513

This order can be verified during business hours
with the SAC County Clerk of Court at:
(712) 662-7791.
Judge Bush

or anytime with the SAC County Sheriff's
Office at: (712) 662-7791 . 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: Defendant Date of Birth: 6-02-87

JONATHON LEVI WILLROTH

Address for Defendant (not shared address with
protected party)
CAUTION: If checked, FIREARMS
WARNING for law enforcement
111 Cross St., Early IA 50535

THE COURT HEREBY FINDS:
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.
1 of 4
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
2 of 4
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
Type: NO CONTACT ORDER
So Ordered
4 of 4


THE STATE OF IOWA, * NO. FECR012513

VS. *
APPEARANCE OF COUNSEL
JONATHON LEVI WILLROTH, * FOR DEFENDANT

DEFENDANT. *

* * * * * * *

COMES NOW Thomas E. Gustafson, Gustafson Law Firm, 36 South 12
th
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 14
th
day of March, 2014.
Defendant

__/ s / Thomas E. Gustafson__
Thomas E. Gustafson
GUSTAFSON LAW FIRM
ICIS Pin AT0003025
36 South 12
th
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


THE STATE OF IOWA * NO. FECR012513

VS. *

JONATHON LEVI WILLROTH, * APPLICATION FOR
IMMEDIATE BOND REVIEW
DEFENDANT. *
* * * * * * *

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 14
th
day of March, 2014.
Defendant

_/ s / Thomas E. Gustafson_
Thomas E. Gustafson
GUSTAFSON LAW FIRM
36 South 12
th
Street, P.O. Box 57
Denison, Iowa 51442

2RCR10


STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.

Case No. 02811 FECR012513

O R D E R

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
1 of 2
Type: ORDER SETTING HEARING
So Ordered
2 of 2
1

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
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.

2

COUNT III
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
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
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.

3
COUNT VI
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
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
4

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
Type: Approval of Trial Information
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 page 5 of 5

STATE OF IOWA,
Plaintiff,

VS.

Defendant.

CRIMINAL NO. FECR012513

ORDER SETTING ARRAIGNMENT
AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter
have been examined and found to contain sufficient evidence, if unexlained, 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" aear 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 aear !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.

Type: ORDER FOR ARRAIGNMENT
So Ordered


THE STATE OF IOWA, * NO. FECR012513

VS. * APPLICATION TO DEPOSE
WITNESSES AT STATE
JONATHON LEVI WILLROTH, * 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 24
th
day of March, 2014.
Defendant

__/ s / Thomas E. Gustafson__
Thomas E. Gustafson
GUSTAFSON LAW FIRM
36 South 12
th
Street, P.O. Box 57
Denison, Iowa 51442



STATE OF IOWA, )
)
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.

Cle*+ to P*o#i(e Co,ies to"
Count# $ttorne#
%efense Counsel
Type: OTHER ORDER
So Ordered
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case No. FECR012513

STATES RESISTANCE TO
DEFENDANTS MOTION TO
DISMISS AND MOTION TO
INCREASE BOND

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.
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

2RCR04

STATE OF IOWA,

Plaintiff,

vs.


Defendant.


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

1 of 2
Type: COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
1


STATE OF IOWA, )
)
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.
,

'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
Type: OTHER ORDER
So Ordered
2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.


ORDER FOR TRIAL

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.

1 of 3
CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
THOMAS GUSTAFSON
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2014 MAY 02 9:07 AM SAC - CLERK OF DISTRICT COURT


THE STATE OF IOWA * NO. FECR012513

VS. *

JONATHON LEVI WILLROTH, * MOTION TO CONTINUE
PRE-TRIAL CONFERENCE
DEFENDANT. * AND TRIAL
* * * * * * *

COMES NOW the Defendant by his attorney, Thomas E. Gustafson, and moves
this Court for an Order continuing the trial of this matter from May 13, 2014 to June 24,
2014. In support of this Motion, it is stated that in order to have adequate time to
complete pretrial discovery, the Defendant has executed and filed a Limited Waiver of
Speedy Trial in which he has waived his right to be brought to trial up to and including
June 24, 2014.
It is further stated that the undersigned has had discussions regarding this case
with the Sac County Attorney and he was in agreement that the trial of this case can be
continued to June 24, 2014, a trial date of this Court and that depositions of the States
witnesses as the Defendant may require, could be conducted.
THEREFORE, it is respectfully requested that the Court grant this Motion and
enter an Order continuing the Pre-Trial Conference now set in this case for May 5, 2014
and continuing the trial of this case from May 13, 2014 to June 24, 2014.
Dated this 2
nd
day of May, 2014.

_/ s / Thomas E. Gustafson_
Thomas E. Gustafson
GUSTAFSON LAW FIRM
36 South 12
th
Street, P.O. Box 57
Denison, Iowa 51442
ATTORNEY FOR DEFENDANT
2RCR20

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.


O R D E R

The Defendant has filed a motion to continue the previously-established trial date.
That motion is not resisted.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. The motion to continue is granted.
2. The jury trial of this case is rescheduled to June 24, 2014, at 9:00 a.m.
3. The pre-trial conference is rescheduled to June 16, 2014, at 9:00 a.m..

CLERK TO FURNISH COPIES:
DISTRICT COURT ADMINISTRATOR

COUNTY ATTORNEY
THOMAS GUSTAFSON
1 of 2
Type: OTHER ORDER
So Ordered
2 of 2

Trial of Early Man Accused of Sexual Abuse 3rd Degree, Going Armed With Intent, Domestic Abuse Assault, and Assault While Participating in A Felony Continued

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Trial of Early Man Accused of Sexual Abuse 3rd Degree, Going Armed With Intent, Domestic Abuse Assault, and Assault While Participating in A Felony Continued

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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

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