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8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT
8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT
8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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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.
1 of 2
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
2 of 2
E-FILED 2013 SEP 23 10:13 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 SEP 25 8:41 AM SAC - CLERK OF DISTRICT COURT
8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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E-FILED 2013 SEP 25 8:56 AM SAC - CLERK OF DISTRICT COURT
8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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E-FILED 2013 SEP 25 8:56 AM SAC - CLERK OF DISTRICT COURT
8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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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
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 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
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 ASSAULT CAUSING
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
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 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, 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
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 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, 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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State of Iowa Courts
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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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
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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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,Plaintiff,
v.
BUSTER JOHN WIRTJERS,
Defendant.
CRIMINA NO. SRCR!"#$"%
ORDER SET ARRAI&NMENTAND BOND
T'e TRIA INFORMATION and t'e MINUTES OF E(IDENCE in t'i) *atte+ 'aveeen e-a*ined and f/nd t 0ntain )/ffi0ient eviden0e, if /ne-1lained, t 2a++ant a0nvi0tin in a t+ial 3 4/+3, t'e+ef+e, t'i) *atte+ )'all e )et f+ A++ai5n*ent.
IT IS ORDERED, t'e Defendant )'all 1e+)nall3 a11ea+ f+ A++ai5n*ent at t'e Sa0C/nt3 C/+t'/)e, Di)t+i0t C/+t+*, Sa0 Cit3, I2a n t'e 21stda3 f October 2013at9:00 a.m.
T'e Defendant i) advi)ed t'at fail/+e t a11ea+ 2ill +e)/lt in t'e i))/an0e f an a++e)t2a++ant.
IT IS FURTHER ORDERED, t'e Defendant6) nd and 0nditin) f+ +elea)e f+*0/)td3 in t'i) *atte+ )'all e7
Cle+8 f C/+t )'all i))/e an a++e)t 2a++ant.
U1n defendant6) a++e)t, nd i) )et in t'e a*/nt f 9":,!!!, 2'i0' */)t e0a)' + )e0/+ed in t'e a*/nt f t'e nd.
Ot'e+ Cnditin) f Relea)e7
Defendant )'all e3 all Fede+al, State, and 0al la2).T'e Defendant )'all e n 1+e;t+ial )/1e+vi)in t t'e Se0nd J/di0ial Di)t+i0t
De1a+t*ent f C++e0tinal Se+vi0e).
T'e Defendant )'all 'ave n;0nta0t 2it' an3 f t'e 2itne))e) li)ted in t'e2itne)) li)t atta0'ed t t'e T+ial Inf+*atin a) a )e0/+e atta0'*ent ?.
T'e Defendant )'all a)tain f+* /)in5 al0'l.
E-FILED 2013 OCT 04 1:27 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012419 STATE VS BUSTER JOHN WIRTJERS
So Ordered
Electronically signed on 2013-10-04 13:27:37 page 2 of 2
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,Plaintiff,
v.
BUSTER JOHN WIRTJERS,
Defendant.
CRIMINA NO. SRCR!"#$"%
ORDER SET ARRAI&NMENTAND BOND
T'e TRIA INFORMATION and t'e MINUTES OF E(IDENCE in t'i) *atte+ 'aveeen e-a*ined and f/nd t 0ntain )/ffi0ient eviden0e, if /ne-1lained, t 2a++ant a0nvi0tin in a t+ial 3 4/+3, t'e+ef+e, t'i) *atte+ )'all e )et f+ A++ai5n*ent.
IT IS ORDERED, t'e Defendant )'all 1e+)nall3 a11ea+ f+ A++ai5n*ent at t'e Sa0C/nt3 C/+t'/)e, Di)t+i0t C/+t+*, Sa0 Cit3, I2a n t'e 21stda3 f October 2013at9:00 a.m.
T'e Defendant i) advi)ed t'at fail/+e t a11ea+ 2ill +e)/lt in t'e i))/an0e f an a++e)t2a++ant.
IT IS FURTHER ORDERED, t'e Defendant6) nd and 0nditin) f+ +elea)e f+*0/)td3 in t'i) *atte+ )'all e7
Cle+8 f C/+t )'all i))/e an a++e)t 2a++ant.
U1n defendant6) a++e)t, nd i) )et in t'e a*/nt f 9":,!!!, 2'i0' */)t e0a)' + )e0/+ed in t'e a*/nt f t'e nd.
Ot'e+ Cnditin) f Relea)e7
Defendant )'all e3 all Fede+al, State, and 0al la2).T'e Defendant )'all e n 1+e;t+ial )/1e+vi)in t t'e Se0nd J/di0ial Di)t+i0t
De1a+t*ent f C++e0tinal Se+vi0e).
T'e Defendant )'all 'ave n;0nta0t 2it' an3 f t'e 2itne))e) li)ted in t'e2itne)) li)t atta0'ed t t'e T+ial Inf+*atin a) a )e0/+e atta0'*ent ?.
T'e Defendant )'all a)tain f+* /)in5 al0'l.
E-FILED 2013 OCT 04 1:27 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012419 STATE VS BUSTER JOHN WIRTJERS
So Ordered
Electronically signed on 2013-10-04 13:27:37 page 2 of 2
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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.
1 of 3
E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT
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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
2 of 3
E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
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
3 of 3
E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 07 10:16 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 07 10:16 AM SAC - CLERK OF DISTRICT COURT
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SAC COUNTYJUDICIALM AGISTRATE COURTWARREN L .BUSH,JUDICIAL MAGISTRATE
SACCITY IOWA 50583712) 662-7791BONDAGREEM ENT
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 chargedwiththecrime 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 1Y I N J U R Y XS4andpromisetoappear in the SacCounty O^fo' drC ourt21 ST day of O C T 2013,A T9:00 A M( C H E C K 1 O R 2 ^
1.M yappearance bond has been set axfflJOO a n c j|agree to postal lofsuchbondor10%asallowedinorderto secure my release.
2.I have been released on my own recognizance pending myappearanceatMagistrateCourt.
Iunderstand I have the right to be represented by an attorney.I f lcannotaffordone, onewi l lbe appointed for me uponapplication.
Iunderstand there are severe penalties forfailingto honor thisment.
understand myfailureto appear at the designateddatewi l lcausersagreementtobecomenull and void and a warrant for myarrestwillbeissuedby the Judicial Magistrate.
Bond posted by: /f6 T/ls1c^ J a ^ jAddress:
ot
LOA
s> r>
o of l o e
3S>
9?Pvi3
Sf/O/Amount lY I d a Dated:Theparty who posted the bond agreesthatanyfines,surcharges, costs,restitutionand other amounts owed may bepaidtherefrom upondisposition.Thatparty further agreesthat, ifanysums remain,itmay be used for repaymento faccruedoraccruingroom and board charges during incarcerationin jail.
Receivedby:Jailer
re ofPerson PostingBond Surety)
ClerkofCourt/Designee
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E-FILED 2013 OCT 15 8:48 AM SAC - CLERK OF DISTRICT COURT
8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury
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E-FILED 2013 OCT 21 1:26 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 21 1:26 PM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.BUSTER JOHN WIRTJERS ,
DEFENDANT.
Case No. 02811 SRCR012419
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 21, 2013.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant waives the right to speedy trial.
4. Defendant is represented by Richard O. McConville.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on December 17, 2013 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY
RICHARD OWEN MCCONVILLE
1 of 2
E-FILED 2013 OCT 21 2:53 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012419 STATE VS BUSTER JOHN WIRTJERS
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-10-21 14:52:18
2 of 2
E-FILED 2013 OCT 21 2:53 PM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.BUSTER JOHN WIRTJERS ,
DEFENDANT.
Case No. 02811 SRCR012419
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 21, 2013.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant waives the right to speedy trial.
4. Defendant is represented by Richard O. McConville.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on December 17, 2013 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY
RICHARD OWEN MCCONVILLE
1 of 2
E-FILED 2013 OCT 21 2:53 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012419 STATE VS BUSTER JOHN WIRTJERS
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-10-21 14:52:18
2 of 2
E-FILED 2013 OCT 21 2:53 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 22 7:42 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 22 7:42 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 22 7:42 AM SAC - CLERK OF DISTRICT COURT
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2RCR09
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.BUSTER JOHN WIRTJERS ,
Defendant.
Case No. 02811 SRCR012419
O R D E R
The Defendant has filed a motion to extend time for the filing of pretrial motions
and discovery. The Defendant has waived the right to speedy trial, and the State
reportedly has no objection to this motion.
The Defendant has waived his right to speedy trial.
IT IS, THEREFORE, THE ORDER OF THE COURT that the Defendant shall
have up to and including January 15, 2014, to complete discovery and file pretrial
motions.
CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
RICHARD OWEN MCCONVILLE
1 of 2
E-FILED 2013 NOV 01 11:12 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012419 STATE VS BUSTER JOHN WIRTJERSType: OTHER ORDER
So Ordered
Electronically signed on 2013-11-01 11:11:35
2 of 2
E-FILED 2013 NOV 01 11:12 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
No: SRCR012419
ORDER RESET TRIAL DATE
BUSTER JOHN WIRTJERS,
Defendant.
TE CO!RT FINDS t"at t"e a#o$e entitled %atte& i' 'et fo& T&ial on De(e%#e&
1), 201*. T"e Co+&t f+&t"e& find' t"at Defendant "a' ai$ed '-eed t&ial and t"at
/an+a& 1, 2014 i' t"e etended date fo& (o%-letion of di'(o$e& and t"e final date to
file -&et&ial %otion' t"e&efo&e, t"e T&ial date in t"e a#o$e %atte& need' &e'et to
(o&&e'-ond it" t"e etended ti%e f&a%e o&de&ed fo& di'(o$e& and -&et&ial %otion'.
IT IS THEREFORE ORDEREDt"at t"e T&ial date #e &e'et to t"e 28th
da of
January 201at !"00 a#$., in t"e Di't&i(t Co+&t&oo% of t"e Sa( Co+nt Co+&t"o+'e, Sa(
Cit, Ioa.
IT IS FURTHER ORDERED t"at P&e T&ial Confe&en(e '"all #e "eld on
January 1%, 201at
!"00 a#$. at t"e Sa( Co+nt Co+&t"o+'e, Sa( Cit Ioa.
O&i3inal filed,
Cle& to P&o$ide Co-ie' to:
Co+nt Atto&ne
Defendant5' Atto&ne, Ri("a&d O. 6(Con$ille
Co+&t Ad%ini't&ation
E-FILED 2013 NOV 05 9:28 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
SRCR012419 STATE VS BUSTER JOHN WIRTJERS
So Ordered
Electronically signed on 2013-11-05 09:28:02 page 2 of 2
E-FILED 2013 NOV 05 9:28 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 DEC 12 2:21 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 DEC 12 2:21 PM SAC - CLERK OF DISTRICT COURT
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1
STATE OF IOWA,Plaintiff
Vs,
BUSTER JOHN WIRTJERS,DOB: 02/05/1984
Defendant.
No. SRCR012419
JUDGMENT ENTR
Co!"# III
IN THE IOW$ DISTRICT COURT IN $ND %OR S$C COUNT
COUNT III
BE IT REMEMBERED that this matter came on for sentencing. The State isrepresented by Sac o!nty Attorney "en#amin $ohn Smith, and Defendant is represented by andappears by Attorney at %a& 'ichard (. )con*ille. +a*ing filed a &ritten plea of g!iltyherein, &hich has been re*ie&ed by this o!rt and is incorporated herein by this reference,no&s of no legal ca!se &hy #!dgment sho!ld not no& be entered, and none appears !pon the
record. The o!rt, therefore, accepts the Defendant-s plea of !ilty and finds that theDefendant is g!ilty of $SS$U&T C$USING BODI& INJUR, a Serio!s )isdemeanor, in*iolation of Io&a ode Sections /(0.1 and /(0.2324.
IT IS THERE%ORE THE JUDGMENT $ND SENTENCE O% THE COURT,
p!rs!ant to Sections /(0.1, /(0.2324, and 5(6.1, ode of Io&a, that the Defendant besentenced to7
1. onfinement in the Sac o!nty $ail for a period of 10( days, all #ail time shall bes!spended after Defendant ser*es fifteen (15) daysin the Sac o!nty $ail.
a. Defendant shall recei*e credit for time already ser*ed.b. Defendant is eligible for the Sac o!nty $ail Wor 'elease Program.c. Defendant shall also be assessed the correctional fee charged by the Sac o!nty
Sheriff-s Office of 899.(( per day prior to the #ail time being ser*ed.
d. Defendant shall ser*e said sentence &ithin si: 3;4 months of the date of thisorder. If the Defendant has not ser*ed the #ail time at the end of si: 3;4 months,the Sac o!nty Sheriff is ordered at his con*enience, to pic !p Defendant toser*e said #ail time.
2. Defendant is thereafter placed on probation to the Sac o!nty Probation Officer for aperiod of one 314 year, and d!ring s!ch probation period Defendant shall abide byall the terms and conditions of the probation as set forth on the Probation Agreement.
a. Defendant, &ithin /2 ho!rs of this $!dgment, shall sign a Probation Agreement&ith the Sac o!nty Probation Officer at the Sac o!nty o!rtho!se, 1((
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2
b. Defendant shall abstain from the !se of illicit dr!gs and alcohol d!ringhis probationary period.
c. Defendant shall obey all Federal, State, and local la&s and ordinances.d. Defendant shall timely pay all amo!nts ordered by this $!dgment.
6. Defendant is Ordered to pay a fine of '(15.00 and the s!rcharge of 69= in the amo!ntof '110.25) to be paid as ordered by the o!rt.
>. Defendant shall pay the follo&ing co!rt costs of '1(5.00.9. Defendant shall eep the ler of o!rt and the Sac o!nty Probation Officer
notified as to any change in address !ntil all obligations of this case ha*e beencompleted.
*. IT IS %URTHER ORDERED that Defendant shall pay all amo!nts Ordered by this$!dgment, by paying '120.00 per month to the Sac County Clerk of Court&ith
payment to begin on 15th
+- of the month following this orderand shall contin!e onthe 15th +- of each month !ntil paid in f!ll. HOWEVER, I% THE $BOVE$MENT &$N DOES NOT RESU&T IN THE TOT$& OB&IG$TION
BEING $ID WITHIN 24 MONTHS O% THE D$TE O% THIS JUDGMENT,
THE B$&$NCE IS DUE $T TH$T TIME. D"+"# s +s+ #3# o"
-"# s ss+, #3 "#6 o7#o" 7os +#- +!.
IT IS %URTHER ORDERED that o!nts I, II, I?, and ? of the Trial Informationshall be dismissed after the appeal period has r!n in o!nt III, &itho!t f!rther order of theco!rt.
IT IS %URTHER ORDERED that the th
day ofOctober 2(16, as a condition of Defendant-s contin!ed release from c!stody, is herebycanceled.
Defendant ha*ing appeared and sentence being prono!nced, IT IS %URTHERORDERED that any balance of appearance bond is e:onerated and shall be released to theposting party, "lae Allen Wirt#ers.
Defendant is ad*ised of the right to appeal this #!dgment and sentence and of the right toapply for appointment of appellate co!nsel and the f!rnishing of a transcript if !nable to pay theappeal costs. Defendant is also ad*ised of the necessity to comply &ith the stat!toryre!irements in filing a notice of appeal.
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State of Iowa Courts
Type: ORDER TO ACCEPT PLEA
Case Number Case Title
SRCR012419 STATE VS BUSTER JOHN WIRTJERS
So Ordered
Electronically signed on 2013-12-16 14:29:29 page 3 of 3
E-FILED 2013 DEC 16 2:29 PM SAC - CLERK OF DISTRICT COURT
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E-FILED2013 DEC16 2:29 PMSAC CLERK OFDISTRICTCOURT
INTHEIOWA DISTRICTCOURTINANDFORSACCOUNTYS T A T E OF IOWA PlaintiffVs,BUSTERJOHNWIRTJERS,DOB:02/05/1984
Defendant.
No.SRCRO12419JUDGMENT ENTRYCountIII
COUNTIIIB E IT R E M E M B E R E D thatthis mattercame on for sentencing. The Stateisrepresentedby Sac County AttorneyBenjaminJohnSmith,and Defendant isrepresentedby andappearsby Attorney at Law Richard 0. McConvil le .Havingfileda written plea of guiltyherein, which hasbeenreviewed by this Court and is incorporated herein by this reference,knows ofnolegalcausewhy judgment should not now beentered,andnoneappearsupon therecord. The Court,therefore,acceptsthe Defendant's plea of Guilty and findsthat theDefendant is guilty ofA S S A U L T CA U SING BODDLY I N J U R Y a Serious Misdemeanor, in
violationof Iowa Code Sections 708.1 and 708.2(2).IT IS THEREFORE THE JUDGMENTANDSENTENCE OFTHE COURTpursuant to Sections 708.1, 708.2(2), and 903.1, Code of Iowa, that the Defendant besentencedto:1. Confinementinthe Sac CountyJailfora period of180days,alljailtime shall besuspendedafterDefendantservesfifteen (15) days inthe Sac CountyJail.
a. Defendant shall receive credit for time already served.b. Defendant is eligible for the Sac CountyJailWork Release Program.
yc. Defendantshallalso beassessedthe correctional fee charged by the Sac CountySheriffsOfficeof 55.00 per day prior to thejailtime being served.d. Defendant shallservesaidsentencewithin six (6)monthsof thedateof thisorder. If the Defendant has not served thejailtime at the end ofsix(6) months,the Sac CountySheriffis ordered at his convenience, to pick up Defendant toservesaidjailtime.
2.Defendant isthereafterplaced on probation to the Sac County ProbationOfficerfor aperiod of one (1) year, and during such probation period Defendant shall abide byallthetermsand conditionso fthe probation as set forth on the Probation Agreement.
a. Defendant, within 72hoursofthis Judgment,shall sign a Probation Agreementwiththe Sac County ProbationOfficerat the Sac County Courthouse, 100N WState Street,Suite 9,2nd Floor,SacCity Iowa.
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E FILED 2013 DEC 16 2:29 PM SAC C L E R K OF DISTRICT C O U R T
Type: ORDER TOACCEPT PLEACase Number CaseTitleSRCRO12419 STATE V S BUSTER JOHN W IRTJERS
SoOrdered
Second JudicialDistrict of lowaElectronically signed on 2013 12 16 14:29:29 page3 of 3