Professional Documents
Culture Documents
OFFENDER
Last
First
Middle
BAUMHOVER
ERIC
MICHAEL
Suffix
Address
City
State
Zip Code
LAKE VIEW
IA
51450-0000
Date of Birth
Gender
Race
Ethnicity
2/2/1989
MALE
WHITE - W
Weight
Eye Color
Hair Color
BLUE - BLU
BROWN - BRO
State
Height
IA
5' 11"
OFFENSE
State Local
Code Section
Crime Description
Class
321J.2(2)(A)
SRMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
City
State
0000
LAKE VIEW
IA
YES
03/09/2015
Zip Code
52450
Upper Time Range
23:00
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
First
Middle
Suffix
Business/Organization/State/County/Municipality Name
STATE OF IOWA
Address
City
State
Zip
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On March 9, 2015 at approximately 11:00 PM, the defendant was operating a black 2007 Chevrolet 2500 at 335th and Xavier Ave. The defendant was
asleep at the wheel with his foot on the brake in the middle of the intersection. Officer tapped on the window and the
Printed At
3/10/2015
8:02 AM
Page 1
of 2
Form #:
15-2367
defendant awoke and pulled his foot off the brake and drove into the south ditch at the "T" intersection. Defendant exited the vehicle and had poor
balance. Defendant smelled strongly of consumed alcoholic beverage and his eyes were watery and bloodshot. Defendant consented to Standardized
Field Sobriety Tests. The defendant's eyes displayed a lack of smooth pursuit, a sustained and distinct nystagmus at 45 degrees and prior to 45
degrees in both eyes. Defendant performed poorly on the psychophysical tests. The defendant consented to a PBT test and the results were well in
excess of the legal limit. The defendant was read the Implied Consent form and consented to a breath specimen by checking the consent box and
signing the form. Defendant Datamaster test results were .268 bac.
HATTERMAN, JOHN
81-6
Sac - 81
OWI
OWI
02 - P.B.T. OVER .08, 03 - BAC OVER LIMIT, 04 - FAILED HGN, 08 - BLOODSHOT/WATERY EYES, 10 - FAILED WALK AND TURN TEST, 11 IMPAIRED BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODOR ON BREATH, 14 - FAILED ONE-LEG STAND
BAC on Datamaster
DCI Lab Screen Positive for Drugs
.268%
Field Sobriety Tests Refused
Number of Offense
1 - FIRST OFFENSE
STATE OF IOWA,
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
786083
My Commission Expires
09/11/2017
03/10/2015
Peace Officer
3/10/2015
8:02 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
15-2367
Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
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:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 and
first offense operating while intoxicated which carries a minimum fine of $1250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of confiction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operators license for a period of 180 and you cannot qualify
for a work permit for 0 days.
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.
1 of 4
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:
2 of 4
3 of 4
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
HEARING FOR INITIAL APPEARANCE
So Ordered
4 of 4
:
:
ERIC BAUMHOVER,
Defendant.
:
:
APPEARANCE; PLEA;
WAIVER OF PRELIMINARY
HEARING; AND REQUEST
TO CONSOLIDATE
_________________________________
By: Scott A. Michels AT0009342
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Phone: (515) 226-0500
Fax: (515) 244-2914
samichels@grllaw.com
ATTORNEY FOR DEFENDANT
ORIGINAL FILED.
Copy to:
Sac County Attorney
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was
served upon all parties to the above cause to each of the attorneys
of record herein at their respective addresses disclosed on the
pleadings on
March 19, 2015 .
By:
U.S. Mail
Hand Delivered
Certified Mail
FAX
Overnight Courier
X Other
:
:
ERIC BAUMHOVER,
Defendant.
:
:
APPEARANCE; PLEA;
WAIVER OF PRELIMINARY
HEARING; AND REQUEST
TO CONSOLIDATE
_________________________________
By: Scott A. Michels AT0009342
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Phone: (515) 226-0500
Fax: (515) 244-2914
samichels@grllaw.com
ATTORNEY FOR DEFENDANT
ORIGINAL FILED.
Copy to:
Sac County Attorney
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was
served upon all parties to the above cause to each of the attorneys
of record herein at their respective addresses disclosed on the
pleadings on
March 19, 2015 .
By:
U.S. Mail
Hand Delivered
Certified Mail
FAX
Overnight Courier
X Other
STATE OF IOWA,
Plaintiff,
vs
ERIC M BAUMHOVER ,
Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.
IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment is
scheduled on 04/29/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Case Number
OWCR012787
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
So Ordered
page 2 of 2
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, Eric Michael
Baumhover of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Eric Michael Baumhover, on or about March 9, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or
more of the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. while having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. while any amount of a controlled substance is present in the person as measured in the
person's blood or urine.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
NAMES OF WITNESSES:
JOHN HATTERMAN, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
Case Number
OWCR012787
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 3 of 3
Defendant.
The defendant having filed a written arraignment in this matter on April 27, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 06/03/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 06/09/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
ORDER SETTING TRIAL
So Ordered
3 of 3
:
:
ERIC BAUMHOVER,
Defendant.
_________________________________
By: Scott A. Michels AT0009342
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Phone: (515) 226-0500
Fax: (515) 244-2914
samichels@grllaw.com
ATTORNEY FOR DEFENDANT
ORIGINAL FILED.
Copy to:
Sac County Attorney
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was
served upon all parties to the above cause to each of the attorneys
of record herein at their respective addresses disclosed on the
pleadings on
June 1, 2015.
By:
U.S. Mail
Hand Delivered
Certified Mail
FAX
Overnight Courier
X Other
STATE OF IOWA,
02811 OWCR012787
Plaintiff,
vs.
ORDER
ERIC M BAUMHOVER ,
Defendant.
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 06/17/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
OTHER ORDER
So Ordered
2 of 2
STATE
OF
IOWA,
Plaintiff,
REPORT
OF
PRETRIAL
CONFERENCE
v.
ERIC
MICHAEL
BAUMHOVER,
Defendant.
COMES
NOW
the
State
of
Iowa,
by
the
Sac
County
Attorney,
Ben
Smith,
and
represents
the
following
to
the
Court:
The
parties
conducted
a
Pretrial
Conference
as
ordered.
The
State
of
Iowa
appeared
by
the
Sac
County
Attorney,
Ben
Smith.
The
Defendant
appeared
through
his
attorney,
Scott
Michels.
The
parties,
through
the
undersigned,
represent
the
following
to
the
Court:
A
plea
agreement
has
been
reached
the
terms
of
which
are
as
follows:
Defendant
has
agreed
to
plead
guilty
to
count
one.
The
State
has
agreed
to
recommend
that
defendant
receive
a
30-day
jail
sentence
with
all
but
2
days
suspended,
that
defendant
pay
the
minimum
fine,
and
that
defendant
be
placed
on
informal
probation.
Defendant
intends
to
waive
presence
at
sentencing
and
waive
time
between
plea
and
sentencing.
STATE
OF
IOWA
___________________________________
BENJAMIN
JOHN
SMITH
Sac
County
Attorney
Sac
County
Courthouse
100
NW
State
St.,
Suite
9
Sac
City,
IA
50583
Telephone:
712-662-4791
Attorney@saccounty.org
STATE OF IOWA,
02811 OWCR012787
Plaintiff,
vs.
ORDER
ERIC M BAUMHOVER ,
Defendant.
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 07/01/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
OTHER ORDER
So Ordered
2 of 2
OWCR012787
Plaintiff,
RECORD OF PLEA OF GUILTY AND
SENTENCING ORDER
v.
ERIC M. BAUMHOVER,
Defendant.
CHARGE:
Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, First Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,250.00;
(2)
a 35% surcharge of $437.50;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
(5)
the court costs of this action.
Defendant shall serve thirty (30) days in the county jail, with all but
two (2) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by August 18, 2015.
(2)
(3)
(4)
d.
e.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
OTHER ORDER
Case Number
OWCR012787
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
So Ordered
page 5 of 5