E-FILED 2013 JUL 08 12:42 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 09 11:05 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation JOSHUA J SKIRVIN Defendant Case No. 02811 SRCR012353

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: HARASSMENT IN THE 2ND DEGREE in violation of Section(s) 708.7B of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 07/16/2013 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.

/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).

Recipient List Case ID : 02811 SRCR012353 - STATE VS JOSHUA JAMES SKIRVIN Event Cd : E-FILED SUMM 2013 JUL 09 11:05 AM SAC - CLERK OF DISTRICT COURT JOSHUA J SKIRVIN filed

E-FILED 2013 JUL 16 11:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 SRCR012353 vs. JOSHUA J SKIRVIN , Defendant. Defendant's Correct Address: PO Box 276, Wall Lake, IA 51466 INITIAL APPEARANCE

Charges: 01 - 708.7(3) - HARASSMENT / 2ND DEG. - 1989 (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 $Fine of not less than $315 nor greater than $1,875 plus 35% surcharge and court costs 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.
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E-FILED 2013 JUL 16 11:44 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: In order to secure his release defendant must post a cash or surety bond in the amount of $25,000 for both this and the accompanying tampering with a witness and burglary in the first degree charges. If released on bond defendant shall not consume any alcohol or illegal drugs during the pendancy of this matter and shall obey all laws of Iowa and the U.S.

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 07/26/2013 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. 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

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E-FILED 2013 JUL 16 11:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-07-16 11:43:46

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DISTRICT C O JH I UF luwA SAC COUNTY FILED

2 0 1 3 JUL 1 6 PHI2:3!
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, Sac COUNTY

Criminal

Civil

NO. pdRQI^a>^ FC0t2s9>S4

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: Home Phone: Street Address: SlreetfP.O. Box
t

^SoS/tfO/?

-jT CeU Phone^/z/ 7 ^ 7 - 6 5 7 7

BirthPate: E-mail:.

fr//?//f?T

Apt#

City

State

Zip

Pending charges: t W l l S & f t l A t t l ^ f t A f t i ^ 4- " " p V j * ^ r'lAn \ t \ ( Q i W S>S In Jail? H"Yes No Do you have a job? Ef^NoJob Yes, Full Time Yes, Part Time (List Hours/week: )

Who do you work for? 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 live with you? If a spouse lives with you, how much money does your spouse make? C^P per hour month year

List all other money you, or anyone else living in your household, has coming in: /U/vQ-

List what you own including mon^y in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: AS//t

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: /U%Ljf^_

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. Dat&~7 ~~ ( ( (i
:

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Signature /^"^

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Rev. 1/6/12

E-FILED 2013 JUL 16 1:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. JOSHUA J SKIRVIN , DEFENDANT. 02811 SRCR012353 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL

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 Sarah Smith, a contract attorney, is appointed.

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E-FILED 2013 JUL 16 1:06 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN ORDER APPOINTING So Ordered

Electronically signed on 2013-07-16 13:05:46

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E-FILED 2013 JUL 23 10:54 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS JOSHUA J SKIRVIN Defendant 02811 SRCR012353

ORDER

The court on its own motion schedules this matter for bond review on July 26, 2013 at 10:30 a.m. Counsel may appear by telephone by calling (712) 662-7791 and asking to be connected to the magistrate.

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E-FILED 2013 JUL 23 10:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN OTHER ORDER So Ordered

Electronically signed on 2013-07-23 10:53:14

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E-FILED 2013 JUL 26 10:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS JOSHUA J SKIRVIN Defendant 02811 SRCR012353

ORDER

The court had set this matter for bond review on this date. The accompanying charge has been transcribed to district court and a bond review set for July 30, 2013. Thid court defers to the district court to set appropriate bond on all pending charges.

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E-FILED 2013 JUL 26 10:53 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN OTHER ORDER So Ordered

Electronically signed on 2013-07-26 10:53:05

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JOSHUA JAMES SKIRVIN, Defendant. TRIAL INFORMATION Case No. SRCR012353

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, Joshua Skirvin (defendant) of the crime of HARASSMENT IN THE FIRST DEGREE, an Aggravated Misdemeanor in violation of Iowa Code Sections 708.7(2)(a), 703.1 committed as follows: On or about June 29, 2013, at or around 304 Sherwood Street, Wall Lake, Iowa (Sac County), defendant either communicated to Billy Hutchinson and / or aided and abetted Cody Dupres first degree harassment of Billy Hutchinson by actively participating with Cody Dupre and / or knowingly advising or encouraging Cody Dupre to harass Billy Hutchinson before or when Cody Dupre did harass Billy Hutchinson, in that defendant helped locate Billy Hutchinson for Cody Dupre and / or drove Cody Dupre to Billy Hutchinson knowing that Cody Dupre planned to harass Billy Hutchinson and through active participation with Cody Dupre and / or knowingly advising or encouraging Cody Dupre that Cody Dupre did in fact harass Billy Hutchinson through personal contact, without legitimate purpose, and in a manner likely to cause Billy Hutchinson annoyance or harm, a threat to murder Billy Hutchinson, and the defendant did so with the specific intent to intimidate, annoy or alarm Billy Hutchinson. IOWA CODE 708.7, 708.7(2)(a), 707.2, 702.11(1), 708.7(2)(a), 703.1. 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 JUL 26 11:07 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012353 Approval of Trial Information Case Title STATE VS JOSHUA JAMES SKIRVIN

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 2013-07-26 11:08:16

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E-FILED 2013 JUL 26 11:05 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JOSHUA JAMES SKIRVIN Defendant. CRIMINAL CAUSE NO. SRCR012353

Attachment to Trial Information Witness List

NAMES OF WITNESSES: ROYCE KEMMANN, OFFICER, LAKE VIEW POLICE DEPARTMENT

EDWARD LUTZ, OCCUPATION UNKNOWN

KENNETH THIBODEAU, OCCUPATION UNKNOWN

BRADLEY HUTCHINSON, OCCUPATION UNKNOWN

L AURI E ANN HUTCHINSON, OCCUPATION UNKNOWN

BILLY HUTCHINSON, OCCUPATION UNKNOWN

E-FILED 2013 JUL 26 11:07 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. SRCR012353 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. JOSHUA JAMES SKIRVIN, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction 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 Sac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day of August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The Defendant shall have no contact with the witnesses listed in the witness list (attachment to the Trial Information) in this matter. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other:

State of Iowa Courts Type: Case Number SRCR012353 ORDER FOR ARRAIGNMENT Case Title STATE VS JOSHUA JAMES SKIRVIN So Ordered

Electronically signed on 2013-07-26 11:08:17

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E-FILED 2013 JUL 30 8:56 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JOSHUA JAMES SKIRVIN, Defendant. This matter was raised by the Court, which, upon reviewing the record and being advised in the premises, FINDS that the order setting arraignment (order) filed herein on July 26, 2013, inadvertently included (by checking the box) the following language The Defendant shall have No Contact with the victim and witnesses listed in the witness list attached to the Trial Information in this matter. IT IS THEREFORE ORDERED that the above-sentence that is italicized and in bold shall be and is stricken and removed from the order. IT IS FURTHER ORDERED that in all other respects, the order shall remain in full force and effect. ORDER NUNC PRO TUNC Case No. SRCR012353

E-FILED 2013 JUL 30 8:56 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012353 OTHER ORDER Case Title STATE VS JOSHUA JAMES SKIRVIN So Ordered

Electronically signed on 2013-07-30 08:56:36

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E-FILED 2013 JUL 30 1:57 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY Case No. AGCR012357 STATE OF IOWA, Plaintiff, v. JOSHUA JAMES SKIRVIN, Defendant. ORDER ON BOND REVIEW HEARING FECR012354 SRCR012353

This matter came before the Court for a bond review hearing. The Court, upon reviewing the record and being advised in the premises FINDS and ORDERS defendants bond is set at $2,000.00, cash or surety. IT IS FURTHER ORDERED that if defendant is released on bond, the defendant shall abide by the following terms and conditions of release. 1. The defendant shall have no contact (personal or otherwise), either directly or indirectly, with any of the named-witnesses or alleged victims in FECR012354, AGCR012357, and SRCR012353. The County Attorney shall prepare a secure attachment to this order listing the names and addresses of the protected witnesses and victims in each of the aforementioned cases. 2. The defendant shall been inside his residence between and including the hours of 10:00 pm CST until 5:00 a.m. CST. 3. The defendant shall not consume any alcohol. 4. The defendant shall not have any further violations of the law. 5. Once filed, the Clerk shall take a paper copy to the Sac County Jail with instructions that it be given to defendant prior to his release.

E-FILED 2013 JUL 30 1:57 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012353 AGCR012357 FECR012354 OTHER ORDER Case Title STATE VS JOSHUA JAMES SKIRVIN STATE VS JOSHUA JAMES SKIRVIN STATE VS JOSHUA JAMES SKIRVIN So Ordered

Electronically signed on 2013-07-30 13:57:25

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E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 2:19 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. JOSHUA J SKIRVIN , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 12, 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 Ms. Sara Smith. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24, 2013, at 9:00 a.m. ORDER FOR TRIAL Case No. 02811 SRCR012353

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY SARAH LIVINGSTON SMITH DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 2:19 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012353 Type: Case Title STATE VS JOSHUA JAMES SKIRVIN ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-12 14:19:40

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