Agcr013223 PDF

E-FILED 2016 OCT 6 6:01 PM 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: 16-11252
Filed with Court Clerk (cc: CA)
Arrest Date: 10/06/2016
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
KIRCHNER
CODY
WESLEY
Suffix
Address
City
State
Zip Code
615 13TH STREET
CORRECTIONVILLE
IA
51016
Date of Birth
Gender
Race
Ethnicity
12/19/1989
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
State
Height
Weight
Eye Color
Hair Color
IA
6' 00"
190 LBS
HAZEL - HAZ
BROWN - BRO
OFFENSE
State
County
Local
Code Section
Crime Description
Class
708.2A(2)(C)
DOMESTIC ABUSE ASSAULT DISPLAY OR USE WEAPON - 1S
AGMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
W STATE ST
Address
City
State
100 NW STATE ST
SAC CITY
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
10/06/2016
Upper Date Range
Incident Time or Low Range
Zip Code
50583
Upper Time Range
16:35
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
commit a domestic assault against Casey Kirchner and used or display a dangerous weapon
VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

Last
First
KIRCHNER
CASEY
Middle
Suffix
Business/Organization/State/County/Municipality Name
Address
City
State
Zip
615 13TH STREET
CORRECTIONVILLE
IA
51016
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
Victim CK came to SCSO and was questioning on how to get a no-contact order. Victim had a large knot on the left side of her forehead. She was
crying and said that her husband hand been beating and hitting her as they drove down the road. She said that he was using the handle of a knife and
was hitting her in the head. She stated that she did not know where he was at. I told she could file a report and
Printed At
SAC COUNTY SHERIFF'S OFFICE
10/6/2016
6:00 PM
Page 1
of 2
Form #:
16-11252
we would arrest him. She then walked out of the courthouse with her mother. As I was leaving moments later, I found CK and a male in front of the
courthouse. He looked like he was trying to hug her. I asked her if this was the guy who had assaulted her and she said yes. He was taken in to
custody and cuffed behind the back and placed in the rear of my patrol unit.
MCCLURE, KEN
81-1
Signature of Complainant or Officer, Officer Name & Number
GENERAL PROBABLE CAUSE

Defendant Implicated
01 - POSSESSED DRUGS/PARAPHERNALIA, 07 - IDENTIFIED BY WITNESSES, 10 - POSSESSION/DISPLAY/USE OF DANGEROUS WEAPONS,

13 - CAUSED PERSONAL INJURY, 15 - ATTEMPTED TO INFLICT SERIOUS INJURY
Operating Motor Vehicle in County
Other Physical Evidence
Attempted To Inflict Injury
BUTT OF KNIFE
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
DENISE WOLTMAN
Commission Number
786032
My Commission Expires
09/11/2017
SAC COUNTY SHERIFF'S OFFICE
10/06/2016
Signature of Verifying Party
Peace Officer
10/6/2016
6:00 PM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
16-11252
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
02811 AGCR013223
vs.
CODY WESLEY KIRCHNER ,
Defendant.
ORDER
Charges:
01 - 708.2A(2)(c) - DOMESTIC ABUSE ASSAULT DISPLAY OR USE WEAPON - 1ST OFFENSE
Defendant appears in custody without counsel. The Defendant did apply for counsel.
Defendant is informed of the charge, is advised of their rights and given a copy of the complaint. The
Court has reviewed the complaint and finds probable cause to believe the defendant committed the
offense(s).
Preliminary Hearing is scheduled on 10/25/2016 at 10:30 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. If a Trial Information is filed prior to that date, this hearing will not
be held. The next hearing will be an arraignment and the date and time will be included in the Trial
Information.
CONDITIONS OF RELEASE ARE AS FOLLOWS:
Defendant is released on his/her own Recognizance.
A no contact order has been entered in this matter. Any conditions of release include the requirement
that the no contact order is obeyed in all respects.
1 of 2
State of Iowa Courts

Case Number
AGCR013223
Type:
Case Title
STATE OF IOWA VS KIRCHNER, CODY WESLEY
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2016-10-07 12:29:57
2 of 2
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 AGCR013223
Judge Smith
NO CONTACT ORDER
(Criminal Prosecution of Domestic Abuse
Assault 708.2A or Misdemeanor Charge
of Violating No Contact Order 664A.7)
ISSUE DATE: 10/07/2016
PROTECTED PARTY: Casey Kirchner

STATE OF IOWA,
VS
DEFENDANT:
Other Protected Persons:
Defendant Date of Birth: 12/19/1989
CODY WESLEY KIRCHNER

Address for Defendant (not shared address with
protected party)
CAUTION: If checked, FIREARMS

WARNING for law enforcement
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.
1 of 4
The above named Defendant is restrained from any contact with the Protected Party.
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 . 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 $O.R.
11. If checked, defendant qualifies for court-appointed counsel, and attorney 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

Case Number
AGCR013223
Type:
Case Title
NO CONTACT ORDER
So Ordered
4 of 4
filed
20IS OCT-l PH |: t,5
Sac
IN THE IOWA DISTRICT COURT FOR
\ Criminal
STATE OF IOWA or
Plaintiff/Petitioner,
C'c
COUNTY
CivU
No.
)\r. C c/v
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:
L ,a ^ J
Home Phone:
Street Address:
SX_
^ 10 'C"? (^
[^ I
BirthDate:
Cell Phone:______
Street/P.O.Box
/^\ e5 //'^ e3
Do you have a job?
l^No Job
Who do you work for?
________
E-mail: _
(2/i f f gel,
^^
Pending charges:
lQ. -
Apt#
P* P P t (Pc
^ ^ ^ i1, C
Q Yes, Full Time
aA
___
City
^c^Lj/xna
_
A
State
_
/SU
Zip
_________ inJaU? Of Yes No
Q Yes, Part Time (List Hours/week: )
(Uc
A
How much money do you currently make before taxes or deductions?
per hour month year
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or Kve with you? _ Q.
If a spouse lives with you, how much money does your spouse make?_________ per hour month year
List all other money you, or anyone else living in your household, has coming in:
________________________
List what you own including m oneyvin baiks, qars, trucks, other vehicles, land, houses, buildings, cash, or anvthing
else worth more than $100:
jUutU-ry. ^
List amounts you pay monthly for mortgages, rent, 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.
/A
Date
\0 Ol -
Signature
Rev. 1/6/32
E-FILED 2016 OCT 10 11:27 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
No. AGCR013223
Plaintiff,
v.
TRIAL INFORMATION
CODY WESLEY KIRCHNER,

DOB: 12-19-1989
Defendant.
COUNT 1
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac
County Iowa and in the name and by the authority of the State of Iowa,
accuses Defendant, Cody Kirchner (Defendant) of the crime of
DOM ESTIC ABUSE ASSAULT - DISPLAYING A DANGEROUS W EAPON,
an Aggravated Misdemeanor in violation of Iowa Code Section 708.2A(2)(c),
committed as follows: On or about October 6, 2016, Defendant either did
an act which was meant to cause pain or injury, result in physical contact
which was insulting or offensive, or place Jane Doe in fear of immediate
physical contact which would have been painful, injurious, insulting or
offensive to Jane Doe; Defendant had the apparent ability to do the act;
the act occurred between family or household members who resided
together at the time of the incident, separated spouses or persons divorced
from each other and not residing together at the time of the incident,
persons who are the parents of the same minor child, or persons who have
been family or household members residing together within the past year
but not residing together at the time of the incident; and Defendant used
or displayed a dangerous weapon in connection with the assault.
A TRUE INFORMATION
___________________________
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
WITNESS LIST:
Ken McClure, Sheriff, Sac County Sheriffs Office
Jonathan Meyer, Deputy Sheriff, Sac County Sheriffs Office
Jane Doe, Victim

Type:
Approval of Trial Information
Case Number
AGCR013223
Case Title
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 4 of 4
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
Case No: 02811 AGCR013223

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
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 10/19/2016 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.
Clerk to provide notice or copies to:

County Attorney
Defendant/Defense Attorney

Type:
ORDER FOR ARRAIGNMENT
Case Number
AGCR013223
Case Title
So Ordered
page 2 of 2
STATE OF IOWA,
PLAINTIFF,
VS.
02811 AGCR013223
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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% of the guidelines, not appointing would cause financial
hardship.
Attorney Peter Goldsmith (712) 364-2421, a contract attorney, is appointed.
1 of 2

Case Number
AGCR013223
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA,
No. AGCR013223
Plaintiff,
v.
MOTION FOR CONTINUANCE

Defendant.
COMES NOW, the State of Iowa, by and through the undersigned,
and in support of its Motion for Continuance, states that defendant is
currently incarcerated in the Cerro Gordo County Jail, and his courtappointed counsel, Peter Goldsmith, has asked for additional time so that
he can meet with defendant so that he can file defendants arraignment
in writing.
WHEREFORE, for the reasons stated above, the State respectfully
requests that the Court grant the States Motion and order such other
reliefs the Court deems just and equitable in the premises.
STATE OF IOWA
_____________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791

02811 AGCR013223
STATE OF IOWA,
Plaintiff,
v.
ORDER RESCHEDULING ARRAIGNMENT

Defendant.
On today's date, Defendant was scheduled to appear for arraignment.

The State requests a continuance of the arraignment. The request is granted.
IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 11/02/2016
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:
County Attorney
Defense Counsel
1 of 2

Case Number
AGCR013223
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2

STATE OF IOWA,
Plaintiff,
vs.
Case No: 02811 AGCR013223

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on October 25, 2016.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/07/2016 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
Depending on the Court's schedule, the Court may or may not be available at the time set of
the Pretrial Conference. Regardless of whether the Court is available, the Pretrial Conference
shall be conducted by the parties and/or their attorneys without court involvement. Absent
extenuating circumstances, only one Pretrial Conference shall be scheduled. The purposes
of the Pretrial Conference include getting the parties together at the same time to discuss
possible resolution of the case and to determine how the parties desire to resolve it. The
discussions to explore resolution of the case must be conducted in good faith. At the
conclusion of the Pretrial Conference, the parties shall be prepared to report that the case has
been fully resolved by plea agreement, the case is going to be dismissed, or the case is going
to be tried.
With the above-referenced purposes in mind, Defendant shall personally appear at the Pretrial
Conference. The only exceptions to the requirement that Defendant personally appear for the
Pretrial Conference are as follows:
(1) If, prior to the scheduled Pretrial Conference, Defendant (personally or through counsel)
and the County Attorney have already conducted good faith discussions about possible
resolution of the case, have discussed all issues that would otherwise need to be discussed at
the Pretrial Conference, and have submitted the report required by this order, then Defendant
need not appear at the Pretrial Conference; and
(2) If Defendant is represented by an attorney and Defendant is immediately available
by phone or other means of direct communication with Defendant's attorney during the
Pretrial Conference and has given defense counsel full authority to sign the Report of Pretrial
Conference and/or act on Defendant's behalf, then Defendant need not appear at the Pretrial
1 of 4
Conference. In order for this exception to apply, Defendant must be able to be contacted at all
times while the Pretrial Conference is taking place and all other conditions previously stated
must be met.
The parties are free to discuss the issues that need to be addressed at the Pretrial Conference
prior to the scheduled date for the Pretrial Conference. So long as the parties have such
discussions in good faith and file the report required by this order, then the parties are
not required to meet on the scheduled date of the Pretrial Conference (i.e., the parties can
complete the requirements for the Pretrial Conference prior to the scheduled time). Due to
the fact that the parties are free to discuss the issues to be addressed prior to the Pretrial
Conference, requests to continue the Pretrial Conference will not be routinely granted.
Requests for a continuance will only be granted if there are highly extenuating circumstances
that prevent the parties from meeting before or at the Pretrial Conference.
At the conclusion of the Pretrial Conference, whether held on the above-mentioned date or
before, the parties shall complete, sign, and file the Report of Pretrial Conference in the form
available from the Court. The completed and signed Report of Pretrial Conference shall be
filed no later than 4:30 p.m. on the date of the Pretrial Conference as scheduled in this order.
By signing the Report of Pretrial Conference, defense counsel represents to the Court that
defense counsel has spoken with Defendant, Defendant has consented to the action being
proposed in the Report, and defense counsel has Defendant's express authority to make the
representations set forth in the completed Report of Pretrial Conference and Defendant's
express authority that any representations made by defense counsel in the Report of Pretrial
Conference are made on behalf of and are binding upon Defendant.
If Defendant fails to appear at the Pretrial Conference and does not meet an exception that
would excuse Defendant's appearance, the Court shall be notified of this fact and Defendant
shall be in violation of the terms of pretrial release and shall be subject to immediate arrest.
In addition, since one of the purposes of requiring Defendant to attend the Pretrial Conference
is so that the case can be discussed and the parties can report to the Court the outcome
of such discussion by Defendant completing and signing the Report of Pretrial Conference
discussed herein, if Defendant fails to satisfactorily complete, sign, and file the Report of
Pretrial Conference in a timely manner (i.e., by 4:30 p.m. on the date of the Pretrial Conference
as scheduled in this order), it shall be treated as a failure to attend the Pretrial Conference and
shall make Defendant subject to immediate arrest.
Jury Trial: Jury Trial is scheduled on 12/13/2016 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
2 of 4

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.
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.
Clerk to provide copies to:

County Attorney, Defense Attorney or Defendant
3 of 4

Case Number
AGCR013223
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
4 of 4
---------
OES MOIMES
.3A--S00
CLERK OF COURT
100 NW STATE STREET
SAC CITY IA 50583 '
suit:
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10/10/2016
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DISTRICT COURT CF IOWA

SAC COUNTY
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CORRECTIONVILLE IA 51016
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Proof of Service
Printed name
The undersigned states that the foregoing instrument
was served upon all the parties to the above cause to
to each of the attorneys of record herein at their
respective addressed disclosed on the pleadings on
,20.
US Mail
Hand Delivered
Certified Mail
___Fax
___ Overnight
___ Other
U^Q C^VlPtoepcP;
Address
City, State, Zip Code
^ta?_ /2UD ^1%

Phone Number
(Yvm) i; rrfVu\g r;
Signature
State of Iowa
County of Sac: SS
I,, plaintiff/defendant named above, have read the foregoing, and the
information is true and accurate to the best of my knowledge.
Signature
Subscribed and sworn to before me on thisday of___
Clerk or Clerks Designee
E-Mail address
E-FILED 2016 NOV 28 1:33 PM SAC - CLERK OF DISTRICT COURT
2RCR22
STATE OF IOWA,
PLAINTIFF,
VS.
ORDER SETTING HEARING
DEFENDANT.
The protected party has filed a Motion to Lift No Contact Order.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. A Hearing is scheduled on 12/21/2016 at 10:30 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.
CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY
PETER ANDREW GOLDSMITH
SAC COUNTY SHERIFF
Protected Party
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.
1 of 2
E-FILED 2016 NOV 28 1:33 PM SAC - CLERK OF DISTRICT COURT

Case Number
AGCR013223
Type:
Case Title
ORDER SETTING HEARING
So Ordered
2 of 2
NEOPOST
11/29/2016
CLERK OF COURT
100 NW STATE STREET, SUITE U
SAC CITY IA 50583
DISTRICT COURT Of ICWA

SAC COUNTY
FILED
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615 13TH STREET
CORRECTIONVILLE IA 51016__
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$000.67
ZIP 50583
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sc: 5 05 S 317 5099
*1567-02967-29-45
7R&DZ
E-FILED 2016 DEC 02 2:55 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
No. AGCR013223
Plaintiff,
v.
MOTION FOR CONTINUANCE

Defendant.
and hereby states the following in support of its Motion for Continuance:
1. That the pretrial conference in this matter is scheduled for
December 7, 2016.
2. That charges stemming from an incident separate from the one
at issue in this prosecution incident were recently filed against
defendant.
3. That the parties are requesting that the December 7, 2016,
pretrial conference be continued to allow the parties additional time to
negotiate a plea deal that will resolve both of defendants pending
criminal prosecutions in Sac County.
STATE OF IOWA
_____________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791
2RCR01
STATE OF IOWA,
PLAINTIFF,
ORDER
vs.
DEFENDANT.
The State has requested that this matter be continued. However, the Defendant has
demanded speedy trial.
IT IS, THEREFORE, ORDERED that trial and pre-trial conference remain as scheduled.
CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY
PETER ANDREW GOLDSMITH
1 of 2

Case Number
AGCR013223
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
Plaintiff,
v.
AGCR013223
SRCR013225

TIMOTHY CARL CAMPBELL,
ORDER SCHEDULING TRIAL
Defendants.
In each of the above cases, the parties inform the Court that the case is ready
for trial and each case may be called for trial. The case called for trial shall
proceed to jury trial at 9:00 a.m. on December 13, 2016, in the courtroom of
the Sac County Courthouse in Sac City, Iowa. If the case is called, the County
Attorney, Defendant and Defendants attorney shall personally appear
for trial in the courtroom by 8:30 a.m. on December 13, 2016.
The cases are hereby set for trial in the following order:
1. STATE V. CODY KIRCHNER (DEMAND)
2. STATE V. TIMOTHY CAMPBELL (DEMAND)
There is more than one case set for trial and only one case will be tried on the
date specified in this order. The first case listed is currently called for trial
and will proceed to trial on the date and time indicated without further
notice. However, the parties in all other cases shall be prepared for the
case to be called for trial at any time between now and the time of
trial. At any time until 2:00 p.m. on the day before trial, any of the cases listed
in this order may be called for trial by being notified by the Court or the County
Attorney (at the request of the Court) that the case has been called and that
case shall then proceed to trial on the date and time indicated in this order.
In the event any of the cases listed in this order are not called for trial on the
date indicated in this order, all such cases are hereby deemed to be
automatically reassigned for each subsequent trial date until the case is tried or
otherwise resolved. The Court may issue an order reassigning cases that were
not reached to each subsequent trial date, but, even in the absence of such an
order, the parties shall be expected to be ready for trial on each subsequent trial
date and each such case may be called for trial at any time until 2:00 p.m. on
the day before each subsequent trial date. If either party to each case (i.e., the
1
State or Defendant) cannot be available for trial on any subsequent trial date,
such party shall notify the Court and the opposing party sufficiently far in
advance of the trial date so that a ruling can be made as to the requested
continuance.
The parties shall submit proposed jury instructions to the court by
9:00 a.m. Monday, December 12, 2016. Stock instructions can be
submitted by reference to the stock number. However, any stock instructions
that require blanks to be completed shall be completed as proposed by that
party. Also, with respect to any stock instruction that has alternative options,
the party submitting the proposed instruction shall inform the Court as to which
alternative(s) the party is requesting to be included in the instruction. A failure
to submit proposed instructions may be deemed a waiver of any
objections to the instructions submitted by the Court at trial.
IT IS SO ORDERED.
Clerk Shall Furnish Copies To:

County Attorney
Defense Attorneys (each case)

Type:
OTHER ORDER
Case Number
AGCR013223
Case Title
So Ordered
page 3 of 3

STATE OF IOWA,
No. AGCR013223
Plaintiff,
v.
MOTION TO DISMISS

Defendant.
and hereby states the following in support of its Motion to Dismiss:
1.
That the State made a plea offer to Defendant.
2.
That Defendants attorney Peter Goldsmith told the State
that he has not communicated the plea offer to Defendant.
3.
That Attorney Goldsmith also told the State that he has been
unable to communicate with Defendant because the phone number
Defendant provided is no longer in service.
4.
That Attorney Goldsmith stated he would not resist the
States request to dismiss this prosecution, without prejudice.
5.
That the interests of justice and judicial economy are best
served by dismissing this prosecution, without prejudice.
STATE OF IOWA
_____________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791

STATE OF IOWA,
Case No. AGCR013223
Plaintiff,
vs.
ORDER
Defendant.
NOW, on this 9th day of November, 2016, the court is in receipt of the States
Motion to Dismiss this case. The Motion states good cause and should be granted.
IT IS THEREFORE ORDERED that the States Motion to Dismiss is granted.
This case is dismissed without prejudice and costs and attorney fees are taxed to the
Defendant.
IT IS FURTHER ORDERED that the Defendant is advised pursuant to Iowa
Code Section 901C.1(6), that the record of this criminal case shall be expunged if the
Defendant establishes the criteria for expungement as outlined in Iowa Code Section
901C.1(2).
Clerk to furnish copies to:

Sac County Attorney
Defense Counsel

Type:
OTHER ORDER
Case Number
AGCR013223
Case Title
So Ordered
page 2 of 2

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E-FILED 2016 OCT 6 6:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Agency Case Number: 16-11252

Filed with Court Clerk (cc: CA)

Arrest Date: 10/06/2016

Submitted to County Attorney

THE STATE OF IOWA

615 13TH STREET

NOT OF HISPANIC ORIGIN - N

DOMESTIC ABUSE ASSAULT DISPLAY OR USE WEAPON - 1S

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

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

615 13TH STREET

SAC COUNTY SHERIFF'S OFFICE

E-FILED 2016 OCT 6 6:01 PM SAC - CLERK OF DISTRICT COURT

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

01 - POSSESSED DRUGS/PARAPHERNALIA, 07 - IDENTIFIED BY WITNESSES, 10 - POSSESSION/DISPLAY/USE OF DANGEROUS WEAPONS,

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2016 OCT 07 12:29 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2016 OCT 07 12:29 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2016-10-07 12:29:57

E-FILED 2016 OCT 07 12:32 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Case No. 02811 AGCR013223

ISSUE DATE: 10/07/2016

PROTECTED PARTY: Casey Kirchner

Other Protected Persons:

Defendant Date of Birth: 12/19/1989

CODY WESLEY KIRCHNER

CAUTION: If checked, FIREARMS

THE COURT HEREBY ORDERS:

E-FILED 2016 OCT 07 12:32 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 07 12:32 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 07 12:32 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2016-10-07 12:32:16

20IS OCT-l PH |: t,5

IN THE IOWA DISTRICT COURT FOR

Do you have a job?

Who do you work for?

_________ inJaU? Of Yes No

Q Yes, Part Time (List Hours/week: )

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

per hour month year

E-FILED 2016 OCT 07 2:58 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 10 11:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CODY WESLEY KIRCHNER,

E-FILED 2016 OCT 10 11:27 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 10 11:27 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 10 11:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts