E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY

This Complaint and Affidavit is to be:

Agency Case Number: 15-140

Filed with Court Clerk (cc: CA)

Arrest Date: 02/06/2015

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA

VS.

OFFENDER
Last

First

Middle

HORTON

PATRICIA

MICHELLE

Suffix

Address

City

State

Zip Code

220 S. 3RD ST.

NEMAHA

IA

50567

Date of Birth

Gender

Race

Ethnicity

11/14/1967

FEMALE

WHITE - W

NOT OF HISPANIC ORIGIN - N

State

Height

Weight

Eye Color

Hair Color

FL

5' 06"

166 LBS

BLUE - BLU

BROWN - BRO

OFFENSE
State Local

Code Section

Crime Description

Class

723.4(3)

DISORDERLY CONDUCT - ABUSIVE EPITHET/THREATENING GESTUR

SMMS

Location Type

20 - RESIDENCE/HOME
Literal Description

3RD AVE AND MAPLE ST

Address

City

State

220 S. 3RD ST

NEMAHA

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

02/05/2015

Upper Date Range

Incident Time or Low Range

Zip Code

50567
Upper Time Range

23:53

STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY

WARRANT REQUESTED

CUSTODY

SUMMONS TO APPEAR

1 - JAILED

(Citation Issued)

NO CONTACT ORDER

RELEASED TO

REQUESTED

PARENT/GUARDIAN

NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did

direct an abusive epithet at or make a threatening gesture to another, knowing or having reason to know the behavior was likely to provoke a violent
reaction

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

Last

First

Middle

STADLER

SHIRLEY

ANN

Suffix

Business/Organization/State/County/Municipality Name

Address

City

State

Zip

220 S. 3RD ST.

NEMAHA

IA

50567

AFFIDAVIT

STATE OF IOWA,

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime

Called to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirley
advised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side of

Printed At

SAC COUNTY SHERIFF'S OFFICE

2/6/2015

8:13 AM

Page 1

of 2

Form #:

15-140

E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT

the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain this
to Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused and
continued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail.

BURNS, JOEL

81-7

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

Defendant Implicated

02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME

Operating Motor Vehicle in County

STATE OF IOWA,

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

Printed At

Notary Name

JENNIFER SCHRAMM

Commission Number

786033

My Commission Expires

09/11/2017

SAC COUNTY SHERIFF'S OFFICE

02/06/2015

Signature of Verifying Party

Peace Officer

2/6/2015

8:13 AM

Page 2

of 2

Notary

Form #:

Prosecuting Attorney

15-140

E-FILED 2015 FEB 06 11:23 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 SMCR012751
vs.
PATRICIA M HORTON ,
Defendant.

ORDER ON INITIAL APPEARANCE

Charges:
01 - 723.4(3) - DISORDERLY CONDUCT - ABUSIVE EPITHET/THREATENING GESTURE
Defendant enters a not guilty plea.
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Simple Misdemeanor. This charge ordinarily carries a penalty of a fine of not less than $65 nor
greater than $625 and up to 30 days in jail, except in special cases where the minimum fine is $.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
MANDATORY SUBSTANCE ABUSE EVALUATION:
You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
1 of 4

E-FILED 2015 FEB 06 11:23 AM SAC - CLERK OF DISTRICT COURT

or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your licens is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the ammount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.

PRELIMINARY HEARING
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 in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
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.
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
2 of 4

E-FILED 2015 FEB 06 11:23 AM SAC - CLERK OF DISTRICT COURT

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
Defendant
Sac County Sheriff

3 of 4

E-FILED 2015 FEB 06 11:23 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012751
Type:

Case Title
STATE OF IOWA VS HORTON, PATRICIA M
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2015-02-06 11:22:53

4 of 4

IN T H E I O W A D I S T R I C T C O U R T F O R

O Q C

C a s e No.

Plaintiff

COUNTY

<

g>RC^O\2'1S0

Authorization for Return of C a s h B o n d

Following Arrest and B o n d Information

vs.
Defendant

The Defendant has been arrested and cash bond has been posted in the amount of $
for the crime
of / J / 5 o>~d c- I*J ".' (3<>>i(J i t e S
H 5 6 * . " I + / P D / L S - . . IF the Defendant fails to appear at the
the Defendant's personal appearance is ordered by the court, the bond posted is eligible for
for
time and place when tne
forfeiture pursuant to lowa Code section 811.6(1).
CO

TheDefendant

shall appear in court on date:

- /S"

time: ^-

-^(gfnfom

at

S>^<i-

I state that I have posted cash bond for the Defendant and authorize the following (only check one option): oS -^
(

) When the bond has been released please issue a check for the entire amount payable to me.*

~*"Z2
'
o
( ) When the bond has been released please pay the defendant's financial obligation, including but nohlimited
to fines, surcharges and costs, on the above stated case and then issue a check to me for the balance>
( ) When the bond has been released please release the money to the defendant. ** (check this option only if
the money belongs to the Defendant)
0

'Pursuant to lowa Code section 602.8103(6), with proper notice, any refund to the person posting the cash bond
will be applied to existing criminal debt due and owing to the State of lowa in this county.
All bond refunds will be made by check through the mail.
"Pursuant to lowa Code section 811.8(2) - upon final disposition of a case, the clerk of court shall return the
cash bail to the person who deposited the money. Written permission must be obtained if the cash is to be used
for or released to anyone other than the person who posted the bond.
I have read a n d u n d e r s t a n d the above information. I have c h e c k e d o n e b o x fpr final disbursement of the bond
being posted.
^

I'll'1*7

Date
y

K v

,I

j|

ZLlrjcJlA^ ffl
n\

. j

Signature of person posting bond

(Will be used for verification of identity when bond is released)

Printed Name of Person Posting Bond

^^o "Vd mt
Address, City, State & Zip (Make sure the Clerk of Court is kept advised of current address)
Driver's License No. and State of Issuance

Email

Copy of this document was provided to the Defendant on

Printed Name and Title of Person Providing Document

Phone #

Signature of Person Providing Document

(date)

DISTRICT COURT OF IOWA

SAC COUNTY
FILED
IOWA DISTRICT COURT FOR SAC COUNTYf
STATE OF IOWA,

9 AM 8= 55

PLAINTIFF
APPLICATION TO WAIVE
ATTORNEY AND PROCEED (PRO SE)
DEFENDANT

In support of my application to waive attorney I state:

1.

I know I have a right to be represented by an attorney in this case

and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2.
I know that an attorney would represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3.
I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4.
Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.

Defendant

E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.

Case No: 02811 SMCR012751

ORDER OF DISMISSAL

PATRICIA M HORTON ,
Defendant.

Pursuant to plea agreement of the parties.

IT IS ORDERED that this case is dismissed with costs to the Defendant.
IT IS FURTHER ORDERED that any appearance bond posted is exonerated to the person posting
the same. Any companion charges are also dismissed with the costs taxed to the Defendant. Any
outstanding warrants are rescinded.

1 of 2

E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012751
Type:

Case Title
STATE OF IOWA VS HORTON, PATRICIA M
ORDER OF DISPOSITION
So Ordered

Electronically signed on 2015-03-18 09:16:09

2 of 2