appearance filed - state vs buster john wirtjers 2

7/27/2019 Appearance Filed - State vs Buster John Wirtjers 2

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E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS

BUSTER JOHN WIRTJERS

Defendant

02811 SRCR012419

ORDER

The clerk shall issue a warrant for the defendant's arrest on these charges.

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E-FILED 2013 SEP 23 10:13 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleSRCR012419 STATE VS BUSTER JOHN WIRTJERS

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-09-23 10:13:05

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BUSTER JOHN WIRTJERS,

DOB: 02-05-1984

Defendant.

Case No. SRCR012419

TRIAL INFORMATION

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,

BUSTER JOHN WIRTJERS (defendant) of the crime of WILLFUL INJURY, a Class

D Felony in violation of Iowa Code sections 708.4 and 702.18, committed as

follows: On or around September 22, 2013, in Sac County, Iowa, defendant

assaulted Connor Hemer by first striking Connor Hemer in the head with a closed

fist, which knocked Connor Hemer to the ground, and defendant then repeatedly

slammed Connor Hemers head on concrete. The defendant did this specifically

intending to cause a serious injury to Connor Hemer. The defendants act caused a

bodily injury to Connor Hemer.

COUNT 2



BUSTER JOHN WIRTJERS (defendant) of the crime of ASSAULT CAUSING

BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections

708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac

County, Iowa, defendant did an act which was intended to cause Carl Hemer pain or

injury, the defendant had the apparent ability to do the act, and the defendants act

caused a bodily injury to Carl Hemer.


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COUNT 3




BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac

County, Iowa, defendant did an act which was intended to cause Brandi Wirtjers pain

or injury, the defendant had the apparent ability to do the act, and the defendants

act caused a bodily injury to Brandi Wirtjers.

COUNT 4






County, Iowa, Blake Wirtjers did an act which was intended to cause Connor Hemer

pain or injury, Blake Wirtjers had the apparent ability to do the act, and Blake

Wirtjers act caused a bodily injury to Connor Hemer. The defendant was acting in

concert with Blake Wirtjers during this assault and / or aiding and abetting Blake

Wirjers in this public offense. IOWA CODE 708.1, 708.2 (2013)

COUNT 5






County, Iowa, Blake Wirtjers did an act which was intended to cause Roxanne

Hemer pain or injury, Blake Wirtjers had the apparent ability to do the act, and Blake

Wirtjers act caused a bodily injury to Roxanne Hemer. The defendant was acting in

concert with Blake Wirtjers during the assault and / or aiding and abetting Blake

Wirjers in this public offense. IOWA CODE 708.1, 708.2 (2013)


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A TRUE INFORMATION

/s/ Benjamin John Smith

Benjamin John Smith - AT0008834

Sac County Attorney

Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Facsimile: 712-662-4123

Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

SRCR012419 STATE VS BUSTER JOHN WIRTJERS

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-10-04 13:27:36 page 4 of 4

E-FILED 2013 OCT 04 1:27 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012419

Plaintiff,

vs.BUSTER JOHN WIRTJERS

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

MATT BIEDE, Deputy, Sac County Sheriff's Department

MARLIN, JOHNSON, Manager, Spring Lake Golf Course

MITCHELL JOHNSON, Occupation Unknown

CARL HEMER, Occupation Unknown

CONNOR HEMER, Occupation Unknown

COLTON HEMER, Occupation Unknown

ROXANNE HEMER, Occupation Unknown

JADE GODBERSEN, Occupation Unknown

JOHN FERTIG, Occupation Unknown

TRAVIS YOUNGREN, Self employed

E-FILED 2013 OCT 04 11:41 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

v.


Defendant.

CRIMINAL NO. SRCR012419

ORDER SET ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 21st day ofOctober 2013 at9:00 a.m.

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Clerk of Court shall issue an arrest warrant.

Upon defendants arrest, bond is set in the amount of $15,000, which must becash or secured in the amount of the bond.

Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.The Defendant shall be on pre-trial supervision to the Second Judicial District

Department of Correctional Services.

The Defendant shall have no-contact with any of the witnesses listed in thewitness list attached to the Trial Information as a secure attachment (Witness ListB).

The Defendant shall abstain from using alcohol.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATE OF IOWA,Plaintiff,

v.


Defendant.

CRIMINAL NO. SRCR012419

ORDER SET ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 21st day ofOctober 2013 at9:00 a.m.

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Clerk of Court shall issue an arrest warrant.

Upon defendants arrest, bond is set in the amount of $15,000, which must becash or secured in the amount of the bond.

Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.The Defendant shall be on pre-trial supervision to the Second Judicial District

Department of Correctional Services.

The Defendant shall have no-contact with any of the witnesses listed in thewitness list attached to the Trial Information as a secure attachment (Witness ListB).

The Defendant shall abstain from using alcohol.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.

BUSTER JOHN WIRTJERS ,Defendant.

Case No: 02811 SRCR012419

INITIAL APPEARANCE

Charges:01 - 708.2(2) - ASSAULT CAUSING BODILY INJURY-1978 (SRMS)02 - 708.2(2) - ASSAULT CAUSING BODILY INJURY-1978 (SRMS)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen 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 canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper 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

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

Years Prison

And/Or $not less than $315 nor greater than $1,875 x 2

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

Current bond shall remain in force.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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 hearingis:

Waived

Preliminary Hearing is scheduled on at : AM at the .

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED 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 DefendantDefendantSac County Sheriff

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Case Number Case TitleSRCR012419 STATE VS BUSTER JOHN WIRTJERS

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-10-07 09:03:27

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SAC COUNTY JUDICIAL MAGISTRATE COURTWARREN L . BUSH, JUDICIAL MAGISTRATE

SAC CITY, IOWA 50583(712) 662-7791BOND AGREEMENT

1, W I R T J E R S ,B U S T E R J O H N ( P L E A S E PRINT) , have been charged with thecrime of: W A R R A N T W I L L F U L I N J U R Y A N D A S S U L T C A U S I N G B O D L 1 Y I N J U R Y X S4and promise to appear in the SacCounty O^fo'drCourt21 ST day of O C T 2013, A T 9:00 A M( C H E C K #1 O R #2 ^

^ 1. M y appearance bond has been set axfflJOO' a n c j |agree to post al l of such bond or 10% as allowed inorder to secure my release.

2. I have been released on my own recognizance pending myappearance at Magistrate Court.

I understand I have the right to be represented by an attorney.I f l cannot afford one, one wi l l be appointed for me upon application.

I understand there are severe penalties for failing to honor thisment.

understand my failure to appear at the designated date wi l l causers agreement to become null and void and a warrant for my arrestwill beissued by the Judicial Magistrate.

Bond posted by: /f6&T/ls1c^ J a ^ / jAddress:

ot

LOA

o of l o e

3S>

9?P-vi3

Sf/O/Amount: lYA I d a Dated:The party who posted the bond agrees that any fines, surcharges, costs,restitution and other amounts owed may be paid therefrom upon disposition.That party further agrees that, if any sums remain, it may be used for repaymento f accrued or accruing room and board charges during incarceration in jai l .

Received by:Jailer

re of Person Posting Bond (Surety)

Clerk of Court/Designee


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appearance filed - state vs buster john wirtjers 2

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