You are on page 1of 41

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

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

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

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

State of Iowa Courts Case Number SRCR012419 Type: Case Title STATE VS BUSTER JOHN WIRTJERS OTHER ORDER So Ordered

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

2 of 2

E-FILED 2013 SEP 25 8:41 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 25 8:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 25 8:56 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. BUSTER JOHN WIRTJERS, DOB: 02-05-1984 Defendant. TRIAL INFORMATION Case No. SRCR012419

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.

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 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 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)

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

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

State of Iowa Courts Type: Case Number SRCR012419 Approval of Trial Information Case Title STATE VS BUSTER JOHN WIRTJERS

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

Electronically signed on 2013-10-04 13:27:36

page 4 of 4

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

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BUSTER JOHN WIRTJERS Defendant. CRIMINAL CAUSE NO. SRCR012419

Attachment to Trial Information Witness 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 1:27 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINA NO. SRCR!"#$"% Plaintiff, ORDER SET ARRAI&NMENT AND BOND v. BUSTER JOHN WIRTJERS, Defendant.

T'e TRIA INFORMATION and t'e MINUTES OF E(IDENCE in t'i) *atte+ 'ave ,een e-a*ined and f./nd t. 0.ntain )/ffi0ient eviden0e, if /ne-1lained, t. 2a++ant a 0.nvi0ti.n 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 Sa0 C./nt3 C./+t'./)e, Di)t+i0t C./+t+..*, Sa0 Cit3, I.2a .n t'e 21st da3 .f October 2013 at 9:00 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)t 2a++ant. IT IS FURTHER ORDERED, t'e Defendant6) ,.nd and 0.nditi.n) f.+ +elea)e f+.* 0/)t.d3 in t'i) *atte+ )'all ,e7 Cle+8 .f C./+t )'all i))/e an a++e)t 2a++ant. U1.n defendant6) a++e)t, ,.nd i) )et in t'e a*./nt .f 9":,!!!, 2'i0' */)t ,e 0a)' .+ )e0/+ed in t'e a*./nt .f t'e ,.nd. Ot'e+ C.nditi.n) .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)i.n t. t'e Se0.nd J/di0ial Di)t+i0t De1a+t*ent .f C.++e0ti.nal Se+vi0e). T'e Defendant )'all 'ave n.;0.nta0t 2it' an3 .f t'e 2itne))e) li)ted in t'e 2itne)) li)t atta0'ed t. t'e T+ial Inf.+*ati.n a) a )e0/+e atta0'*ent <Witne)) i)t =B>?. T'e Defendant )'all a,)tain f+.* /)in5 al0.'.l.

State of Iowa Courts Type: Case Number SRCR012419 ORDER FOR ARRAIGNMENT Case Title STATE VS BUSTER JOHN WIRTJERS So Ordered

Electronically signed on 2013-10-04 13:27:37

page 2 of 2

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

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINA NO. SRCR!"#$"% Plaintiff, ORDER SET ARRAI&NMENT AND BOND v. BUSTER JOHN WIRTJERS, Defendant.

T'e TRIA INFORMATION and t'e MINUTES OF E(IDENCE in t'i) *atte+ 'ave ,een e-a*ined and f./nd t. 0.ntain )/ffi0ient eviden0e, if /ne-1lained, t. 2a++ant a 0.nvi0ti.n 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 Sa0 C./nt3 C./+t'./)e, Di)t+i0t C./+t+..*, Sa0 Cit3, I.2a .n t'e 21st da3 .f October 2013 at 9:00 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)t 2a++ant. IT IS FURTHER ORDERED, t'e Defendant6) ,.nd and 0.nditi.n) f.+ +elea)e f+.* 0/)t.d3 in t'i) *atte+ )'all ,e7 Cle+8 .f C./+t )'all i))/e an a++e)t 2a++ant. U1.n defendant6) a++e)t, ,.nd i) )et in t'e a*./nt .f 9":,!!!, 2'i0' */)t ,e 0a)' .+ )e0/+ed in t'e a*./nt .f t'e ,.nd. Ot'e+ C.nditi.n) .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)i.n t. t'e Se0.nd J/di0ial Di)t+i0t De1a+t*ent .f C.++e0ti.nal Se+vi0e). T'e Defendant )'all 'ave n.;0.nta0t 2it' an3 .f t'e 2itne))e) li)ted in t'e 2itne)) li)t atta0'ed t. t'e T+ial Inf.+*ati.n a) a )e0/+e atta0'*ent <Witne)) i)t =B>?. T'e Defendant )'all a,)tain f+.* /)in5 al0.'.l.

State of Iowa Courts Type: Case Number SRCR012419 ORDER FOR ARRAIGNMENT Case Title STATE VS BUSTER JOHN WIRTJERS So Ordered

Electronically signed on 2013-10-04 13:27:37

page 2 of 2

E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 SRCR012419 vs. BUSTER JOHN WIRTJERS , Defendant. 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, having been 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 can and would be used against him/her in a Court of Law. That he/she has the right to have an attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper 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 for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
1 of 3

E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT

5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes 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 determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on at : AM at the . If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED 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 Defendant Defendant Sac County Sheriff

2 of 3

E-FILED 2013 OCT 07 9:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012419 Type: Case Title STATE VS BUSTER JOHN WIRTJERS HEARING FOR INITIAL APPEARANCE So Ordered

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

3 of 3

E-FILED 2013 OCT 07 10:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 07 10:16 AM SAC - CLERK OF DISTRICT COURT

SAC COUNTY JUDICIAL MAGISTRATE COURT WARREN L. BUSH, JUDICIAL MAGISTRATE SAC CITY, IOWA 50583 (712) 662-7791 BOND AGREEMENT 1, crime WIRTJERS,BUSTER J O H N (PLEASE PRINT), have been charged with the of: WARRANT WILLFUL INJURY AND ASSULT CAUSING BODL1Y INJURY XS4

and promise to appear in the Sac County O ^ f o ' d r C o u r t 21 ST day of OCT 2013, AT 9:00 A M ( C H E C K #1 OR #2 ^ ^ 1. My appearance bond has been set axfflJOO' j | agree to post all of such bond or 10% as allowed in order to secure my release.
a n c

LO
A

o
t
3S>

<s><r> o o f l o e

2. I have been released on my own recognizance pending my appearance at Magistrate Court. I understand I have the right to be represented by an attorney. I f l cannot afford one, one will be appointed for me upon application. I understand there are severe penalties for failing to honor this ment. understand my failure to appear at the designated date will cause r s agreement to become null and void and a warrant for my arrest will be issued by the Judicial Magistrate.

9?
Pvi3

Bond posted by: Address: Amount:

/f6&T/ls1c^

J a ^ / j

Sf/O/
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 repayment of accrued or accruing room and board charges during incarceration in jail.

re of Person Posting Bond (Surety) Received by: Jailer

Clerk of Court/Designee

E-FILED 2013 OCT 15 8:48 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 15 8:48 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 21 1:26 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 21 1:26 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 21 2:53 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. BUSTER JOHN WIRTJERS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 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 case shall commence on December 17, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 SRCR012419

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

State of Iowa Courts Case Number SRCR012419 Type: Case Title STATE VS BUSTER JOHN WIRTJERS 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

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. BUSTER JOHN WIRTJERS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 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 case shall commence on December 17, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 SRCR012419

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

State of Iowa Courts Case Number SRCR012419 Type: Case Title STATE VS BUSTER JOHN WIRTJERS ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-21 14:52:18

2 of 2

E-FILED 2013 OCT 22 7:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 22 7:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 22 7:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 01 11:12 AM SAC - CLERK OF DISTRICT COURT

2RCR09

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. BUSTER JOHN WIRTJERS , Defendant. ORDER Case No. 02811 SRCR012419

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

State of Iowa Courts Case Number SRCR012419 Type: Case Title STATE VS BUSTER JOHN WIRTJERS OTHER ORDER So Ordered

Electronically signed on 2013-11-01 11:11:35

2 of 2

E-FILED 2013 NOV 05 9:28 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

No: SRCR012419

ORDER RESET TRIAL DATE BUSTER JOHN WIRTJERS, Defendant.

T E 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&. 10, 2014 i' t"e e1tended date fo& (o%-letion of di'(o$e&. and t"e final date to file -&et&ial %otion'2 t"e&efo&e, t"e T&ial date in t"e a#o$e %atte& need' &e'et to (o&&e'-ond ,it" t"e e1tended ti%e f&a%e o&de&ed fo& di'(o$e&. and -&et&ial %otion'. IT IS THEREFORE ORDERED t"at t"e T&ial date #e &e'et to t"e 28th da. of January 201 at !"00 a#$., in t"e Di't&i(t Co+&t&oo% of t"e Sa( Co+nt. Co+&t"o+'e, Sa( Cit., Io,a. IT IS FURTHER ORDERED t"at P&e T&ial Confe&en(e '"all #e "eld on January 1%, 201 at !"00 a#$. at t"e Sa( Co+nt. Co+&t"o+'e, Sa( Cit. Io,a.

O&i3inal filed, Cle&4 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

State of Iowa Courts Type: Case Number SRCR012419 OTHER ORDER Case Title STATE VS BUSTER JOHN WIRTJERS So Ordered

Electronically signed on 2013-11-05 09:28:02

page 2 of 2

E-FILED 2013 DEC 12 2:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 12 2:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 12 2:21 PM SAC - CLERK OF DISTRICT COURT