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E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA
Plaintiff
VS
BLAKE ALLEN WIRTJERS
Defendant
02811 SRCR012422
ORDER
The clerk shall issue a warrant for the arrest of the defendant on these charges.
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E-FILED 2013 SEP 23 10:16 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012422 STATE VS BLAKE ALLEN WIRTJERS
Type: OTHER ORDER
So Ordered
Electronically signed on 2013-09-23 10:16:19
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E-FILED 2013 SEP 25 8:37 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 SEP 25 8:59 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.
BLAKE ALLEN WIRTJERS,
DOB: 05-06-1987
Defendant.
Case No. SRCR012422
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,
BLAKE ALLEN 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, Buster John
Wirtjers assaulted Connor Hemer by first striking Connor Hemer in the head with a
closed fist, which knocked Connor Hemer to the ground, and Buster John Wirtjers
then repeatedly slammed Connor Hemers head on concrete. Buster John Wirtjers
did this specifically intending to cause a serious injury to Connor Hemer. Buster John
Wirtjers act caused a bodily injury to Connor Hemer. The defendant was acting in
concert with Buster John Wirtjers during this assault and / or aiding and abetting
Buster John Wirtjers in this public offense. IOWA CODE 708.1, 708.2 (2013)
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,
BLAKE ALLEN 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 SacCounty, Iowa, Buster John Wirtjers did an act which was intended to cause Carl
Hemer pain or injury, Buster John Wirtjers had the apparent ability to do the act, and
Buster John Wirtjers act caused a bodily injury to Carl Hemer. The defendant was
acting in concert with Buster John Wirtjers during this assault and / or aiding and
abetting Buster John Wirtjers in this public offense. IOWA CODE 708.1, 708.2
(2013)
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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,
BLAKE ALLEN 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, Buster John Wirtjers did an act which was intended to cause Brandi
Wirtjers pain or injury, Buster John Wirtjers had the apparent ability to do the act,
and Buster John Wirtjers act caused a bodily injury to Brandi Wirtjers. The
defendant was acting in concert with Buster John Wirtjers during this assault and / or
aiding and abetting Buster John Wirtjers in this public offense. IOWA CODE 708.1,
708.2 (2013)
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,
BLAKE ALLEN 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.
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,
BLAKE ALLEN 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.
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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
SRCR012422 STATE VS BLAKE ALLEN 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 13:19:43 page 4 of 4
E-FILED 2013 OCT 04 1:19 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. SRCR012422
Plaintiff,
vs.BLAKE ALLEN 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 12:20 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,Plaintiff,
v.
BLAKE ALLEN WIRTJERS,
Defendant.
CRIMINAL NO. SRCR012422
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. 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 be
cash 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 DistrictDepartment 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.
E-FILED 2013 OCT 04 1:19 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012422 STATE VS BLAKE ALLEN WIRTJERS
So Ordered
Electronically signed on 2013-10-04 13:19:44 page 2 of 2
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,Plaintiff,
v.
BLAKE ALLEN WIRTJERS,
Defendant.
CRIMINAL NO. SRCR012422
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. 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 be
cash 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 DistrictDepartment 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.
E-FILED 2013 OCT 04 1:19 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
SRCR012422 STATE VS BLAKE ALLEN WIRTJERS
So Ordered
Electronically signed on 2013-10-04 13:19:44 page 2 of 2
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs.
BLAKE ALLEN WIRTJERS ,Defendant.
Case No: 02811 SRCR012422
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:
The bond previously posted 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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State of Iowa Courts
Case Number Case TitleSRCR012422 STATE VS BLAKE ALLEN WIRTJERS
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-10-07 08:57:38
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E-FILED 2013 OCT 07 10:14 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 07 10:14 AM SAC - CLERK OF DISTRICT COURT
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S A C C O U N T Y J U D I C I A L M A G I S T R A T E C O U R TW A R R E N L . B U S H , J U D I C I A L M A G I S T R A T E
S A C C I T Y , I O W A 50583 f 0 r \oVJi\(712) 662-7791 DlSWT c $ j M nB O N D A G R E E M E N T u Q - ^
I, W I R T J E R S , B L A K E A L L E N ( P L E A S E P R I N T ) , 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 I Y I N U R Y X S 4and promise to appear in the Sac County ^/5/irYCsfCourt21ST day of OCT 2013, A T 9:00 A M(CHECK #1 OR/#2 0\s 1. M y appearance bond has been set at/o?,/00'^and 1
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.
y ^ % X I understand I have the right to be represented by an attorney.If I cannot afford one, one wil l be appointed fo r me upon application.
/ t f h / I understand there are severe penalties for failing to honor thisagreement.p l \ S I understand my failure to appear at the designated date wil l causethis agreement to become null and void and a warrant for my arrest wil l beissued by the Jud ic ia l Magistrate.
Bond posted by: [ ^ d c C ^ A ^ & / / & A f kress: ?OG Pit/CC i ~77h j / / C /
Amount: ^ J ^ / Q O ^ Dated: 7 / O / W / 5T he 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 ja i l .
S^gS jtdre of Person Posting B o n d (Surety)Received by: J f y f ^^JXr^
Jailer 7
C l e r k of Court/Designee
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E-FILED 2013 OCT 15 8:42 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 15 8:42 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 21 1:27 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 21 1:27 PM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.BLAKE ALLEN WIRTJERS ,
DEFENDANT.
Case No. 02811 SRCR012422
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
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E-FILED 2013 OCT 21 2:48 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012422 STATE VS BLAKE ALLEN WIRTJERS
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-10-21 14:48:05
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E-FILED 2013 OCT 21 2:48 PM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.BLAKE ALLEN WIRTJERS ,
DEFENDANT.
Case No. 02811 SRCR012422
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
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E-FILED 2013 OCT 21 2:48 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleSRCR012422 STATE VS BLAKE ALLEN WIRTJERS
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-10-21 14:48:05
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E-FILED 2013 OCT 22 7:40 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 22 7:40 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 22 7:40 AM SAC - CLERK OF DISTRICT COURT