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E-FILED 2013 SEP 05 10:50 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 05 10:50 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 06 10:13 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 AGCR012415 vs. NATHANIEL MICHAEL REED , Defendant. Defendant's Correct Address: 205 W. 6th St., Apt 8, Storm Lake, IA INITIAL APPEARANCE

Charges: 01 - 708.2A(2)(A) - DOMESTIC ABUSE ASSAULT (SMMS) Defendant was advised that if he is convicted there is a minimum two day jail sentence. 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 2 Years Prison And/Or $minimum $625 fine and maximum $6,250 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 SEP 06 10:13 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: Defendant is released on his promise to appear. Terms of release are: You must obey the terms of the no contact order. You must obey all laws of Iowa and the U.S. You are not to consume any alcohol or illegal drugs during the pendancy of this matter.

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 09/23/2013 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 SEP 06 10:13 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012415 Type: Case Title STATE VS NATHANIEL MICHAEL REED (SM) HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-09-06 10:12:39

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E-FILED 2013 SEP 06 10:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection This order can be verified during business hours with the SAC County Clerk of Court at: (712) 662-7791. or anytime with the SAC County Sheriff's Office at: Sac City, IA 50583.

Case No. 02811 AGCR012415

Judge Bush

NO CONTACT ORDER

ISSUE DATE: 09/06/2013

PROTECTED PARTY: Melissa Samaniego STATE OF IOWA, VS DEFENDANT: NATHANIEL MICHAEL REED

Other Protected Persons:

Defendant Date of Birth: 1-06-90

CAUTION: If checked, FIREARMS WARNING for law enforcement


THE COURT HEREBY FINDS:

Address for Defendant (not shared address with protected party) 205 W. 6th St., Storm Lake, IA 50588

It has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:


The above named Defendant is restrained from committing further acts of abuse or threats of abuse. The above named Defendant is restrained from any contact with the Protected Party. Additional terms of this order are as set forth below.
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E-FILED 2013 SEP 06 10:20 AM SAC - CLERK OF DISTRICT COURT

This order shall remain in effect until modified or terminated by further written order of the court, until the case is dismissed, or until sentencing. WARNINGS TO DEFENDANT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18U.S.C. 2262). Federal law provides penalties for possessing, transporting shipping, or receiving any firearm or ammunition (18 U.S.C. 922(g)(8)). Only the court can change this order. On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's appearance, the court finds there is probable cause to believe that a violation of Iowa Code section 708.2A Domestic Abuse Assualt has occurred. the presence of the defendant in the alleged victim's residence poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate family. If checked, the court finds the defendant and protected party meet the definition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person"). IF CHECKED, the court must check box 6, prohibiting the defendant from possessing firearms. Therefore, the court orders as follows: 1. Defendant shall not communicate with the protected party in person or through any means including third persons. This restriction shall not prohibit communication through legal counsel. 2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the protected party. Defendant shall stay away from the protected party and shall not be in that party's presence except in a courtroom during court hearings. 3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to cause bodily injury. 4. If checked, defendant may enter the shared residence once in the company of a peace officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the law enforcement agency all devices that allow access or entry to the residence or outbuildings (for example, keys or garage openers). The law enforcement agency shall contact the protected party to provide notice of the intent of the defendant to return to the residence and to accommodate the safety concerns of the protected party.
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E-FILED 2013 SEP 06 10:20 AM SAC - CLERK OF DISTRICT COURT

5. If checked, additional directives: 6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency) on or before . The defendant is advised that the issuance of this protective order may also affect the right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8). 7. This protective order is in effect immediately. The order may be extended prior to expiration or at sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension). 8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release defendant from restrictions contained in this order. 9. Except as specifically set out herein, this order shall not be construed as an award of personal or real property to either the defendant or the protected party. 10. Bond is set at $ 11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed. Defendant was personally served with a copy of this order by the court. The clerk of court shall provide copies of this order to the protected party, county attorney, defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections 236.5(5) and 664A.4. The SAC County Sheriff shall serve and return service of this order upon defendant. NOTICE: If you have a disability and need assistance to participate in court proceedings, please call the ADA Coordinator at (641) 421-0990. If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

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E-FILED 2013 SEP 06 10:20 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012415 Type: Case Title STATE VS NATHANIEL MICHAEL REED (SM) NO CONTACT ORDER So Ordered

Electronically signed on 2013-09-06 10:20:17

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DISTRICT COUKT OF lOVm SAC COUNTY FILED

2013 SEP -6 A M II 00
EN THE IOWA DISTRICT COURT FOR STATE OF IOWA or PlaintifDPetrtioncr, vs. Defendant/Respondent Sac COUNTY

J><_Cr riminal

Crvil

NO. ftooi2_m6
FINANCIAL AFFIDAVrr/APPLICATION FOR APPOINTMENT OF COUNSEL
1

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: Home Phone: Street Address: Street/P.O.Box Pending charges: A 3 &l [ 0 > . \f Do you have ajob? Who do you work for? No Job ""* t o M \ o rl I f n Apt# Chy 0i State Zip In Jail? Yes H No ) Birth Date:

Yes, Full Time

Yes, Part Time (List Hours/week: ~~~~~~~ - " ~" _ ^ per hour month year

How much money do you currently make before taxes or deductions?

How much money have you made in the last 12 months from any source, before taxes or deductions? How many family members are supported byor live with you? 0 Q_ _ per hour month year /v\c (\\ 9^H

If a spouse lives with you, how much money does your spouse make?

List all other moneyypu, or anyone else living in your household, .has comingin: /VI j

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more man $100: ^ ' r ,

/ ytr

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: / .
-a'_: 14

///

/ M

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. \ Date ' '}
J

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' * Signature V A,*. \

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Rev. l/6fl2

E-FILED 2013 SEP 08 5:12 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. NATHANIEL MICHAEL REED , DEFENDANT. 02811 AGCR012415 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 Peter Goldsmith, a contract attorney, is appointed.

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E-FILED 2013 SEP 08 5:12 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012415 Type: Case Title STATE VS NATHANIEL MICHAEL REED ORDER APPOINTING So Ordered

Electronically signed on 2013-09-08 17:12:04

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. NATHANIEL MICHAEL REED, DOB: 1-6-1990 Defendant. TRIAL INFORMATION Case No. AGCR012415

COUNT I 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, Nathaniel Michael Reed (defendant) of the crime of DOMESTIC ABUSE ASSAULT FIRST OFFENSE, a Serious Misdemeanor, in violation of Iowa Code sections 7008.2A(1) and (2), committed as follows: On or about September 5, 2013, in Sac County, the defendant either did an act which was meant to cause pain or injury or result in physical contact which was insulting or offensive or place MS in fear of immediate physical contact which would have been painful, injurious, insulting or offensive to MS. The defendant had the apparent ability to do the act. The defendant's act caused bodily injury or mental illness to MS. The act occurred between family or household members who resided together at the time of the incident or persons who have been family or household members residing together within the past year but not residing together at the time of the incident. 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 1:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number AGCR012415 Approval of Trial Information Case Title STATE VS NATHANIEL MICHAEL REED

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 13:16:10

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E-FILED 2013 OCT 04 1:16 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. AGCR012415 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. NATHANIEL MICHAEL REED, 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 21st day of October 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 previously set shall continue as ordered.

State of Iowa Courts Type: Case Number AGCR012415 ORDER FOR ARRAIGNMENT Case Title STATE VS NATHANIEL MICHAEL REED So Ordered

Electronically signed on 2013-10-04 13:16:11

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E-FILED 2013 OCT 18 3:57 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 18 3:57 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 18 3:57 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 21 10:19 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. NATHANIEL MICHAEL REED , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on October 18, 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 Peter A. Goldsmith. 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 12/02/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. ORDER FOR TRIAL Case No. 02811 AGCR012415

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER ANDREW GOLDSMITH

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E-FILED 2013 OCT 21 10:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number AGCR012415 Type: Case Title STATE VS NATHANIEL MICHAEL REED ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-21 10:19:18

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