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SAC COUNTY
IN T H E IOWA DISTRICT COURT F O R SAC C O U N T Y
M A G I S T R A T E DIVISION
'
L E
Plaintiff
vs.
INITIAL A P P E A R A N C E
Defendant
V
On this
j5 ^
day of
nndersigned Magistrate in and for Sac County, hi
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'
Iowa.
The Court advises the Defendant as follows:
1.
That he/she has the right to remain silent That any statement made by the Defendant cari^nd
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 of Section ""%3?;^C?J. which is-classified as:
Felony - Class
_ Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the aboye charge is: f ^0
Yn<" YYear
f a r CCounty
n m r t v .Tail
_ One
Jail
2 v Years Prison .
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Ana/Or$?b,X'Fiae
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4.
That to obtain the services t f an attorney at the expense of the State of Iowa, application for
Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with
this Court
You will be released from custody prior to trial on your own promise to appear at all
(a)
farther court proceedings. If you willfully fail to appear before any court as required, you shall be
guilty of a Class D felony/serious misdemeanor; or
(b)
|fk. (If appropriate) Upon consideration of the factois in Section 811.2, the Court is not
reasonably assured that yon
krTMnjmsjji&efgforf and thereforej
mtimnosM the, fonowrnqiconrlitaong on-your rqloase: (fji^i c.O\j.y*j~()
6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to detennine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a
preJiininary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information
may be filed by the County Attorney of this county.
7.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Waived
,
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ij
Set for the ^ I frf day o i L k J O j
, 20/$ at [ ( j
A M . in the
......
.
te 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.
/ v
If yon require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator at (641) 421-0990. (ITyou are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.)
ft. L.
- Warren L . Bush
Copies to:
County Attorney
Defendant
Sac County Sheriff
Judicial Magistrate
Plaintiff,
v.
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,
DUSTIN ALAN POPE (Defendant) of the crime of ASSAULT WHILE DISPLAYING
A DANGEROUS WEAPON, a violation of Iowa Code sections 708.1(2)(c) and
708.2(3), committed as follows: On or about July 12, 2014, in Sac County, Iowa,
Defendant, without justification, intentionally pointed any firearm toward another and
/ or displayed said firearm in a threatening manner toward another person.
A TRUE INFORMATION
____________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
WITNESS LIST
Kimberly Schmidt
Mark A. Arrington
Mark Riley
Michelle Bird
Nicole Hoffman
Travis Hoffman
Case Number
AGCR012587
Case Title
STATE VS DUSTIN POPE
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
page 3 of 3
STATE OF IOWA,
Plaintiff,
vs
Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.
IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 08/06/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Case Number
AGCR012587
Case Title
STATE VS DUSTIN POPE
So Ordered
page 2 of 2
Defendant.
The defendant having filed a written arraignment in this matter on August 5, 2014.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE VS DUSTIN POPE
ORDER SETTING TRIAL
So Ordered
3 of 3
vs.
ORDER
COMES NOW the Court and reviews the motion of Joseph J. Heidenreich to
withdraw as attorney of record for the Defendant, Dustin Alan Pope.
IT IS THEREFORE ORDERED that Joseph J. Heidenreichs motion to
withdraw as counsel is granted and he is relieved of any further responsibility in this
matter.
OTHER ORDER
Case Number
AGCR012587
Case Title
STATE VS DUSTIN POPE
So Ordered
page 2 of 2
Date: 08/24/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
AGCR012587
No.
vs.
Dustin Pope
Defendant
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
DUSTIN ALAN POPE ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before September 4, 2014. If any objection is filed on or
before September 4, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before September 4, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
1 of 2
Case Title
STATE VS DUSTIN POPE
OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012587
ORDER OF CONTINUANCE
Upon application of the Defendant and with the agreement of the State of Iowa:
This matter is continued, Jury Trial is scheduled on 11/04/2014 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
This matter is continued, Pretrial Conference is scheduled on 10/15/2014 at 9:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Case Title
STATE VS DUSTIN POPE
ORDER FOR CONTINUANCE
So Ordered
2 of 2
Defendant.
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On September 17, 2014, the parties conducted a Pretrial Conference as ordered
or in anticipation of the same. The State appeared by Sac County Attorney Ben
Smith. Defendant appeared by Reed Reitz. The parties, through the
undersigned, represent the following to the Court:
A request to reschedule the Pretrial Conference is hereby made by the State.
Defendant had no objection with the matter being continued. The highly
extenuating circumstances that warrant rescheduling the Pretrial Conference
are that the State plans to file additional charges against Defendant, unrelated
to the instant matter. The parties would look to consider all charges against
Defendant before any plea offers are considered / accepted in the instant
matter. Additionally, the State will be asking the Court to appoint a Special
Prosecutor to all of Defendants cases due to a conflict of interest.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
v.
DUSTIN ALAN POPE,
Defendant.
COMES NOW, the State of Iowa by and through the undersigned and
states that the Sac County Attorney has a conflict-of-interest or an appearance
of a conflict of interest in above-entitled cases. The undersigned has consulted
with Assistant Buena Vista County Attorney Matt Speers who indicates that he is
willing and able to represent the State in this matter.
WHEREFORE, the Sac County Attorneys Office requests the Court
appoint Assistant Buena Vista County Attorney Matt Speers as special
prosecutor in this case.
Respectfully Submitted,
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
STATE OF IOWA
02811 AGCR012587
Plaintiff
vs.
ORDER APPOINTING
SPECIAL PROSECUTOR
BE IT REMEMBERED this matter came before the Court upon application of the County
Attorney.
THE COURT FINDS that a special prosecutor should be appointed.
IT IS THEREFORE ORDERED that Matt Speers is appointed as special prosecutor of this
matter.
1 of 2
Case Title
STATE VS DUSTIN POPE
OTHER ORDER
So Ordered
2 of 2
No. AGCR012587
Plaintiff,
MOTION FOR
CONTINUANCE
v.
DUSTIN ALAN POPE,
Defendant.
Comes now the State of Iowa and moves to continue the pretrial conference
scheduled for October 15, 2014, in this cause and in support states:
1. Undersigned will be out of the State for training with the National Guard from
October 15 through October 19.
2. A pretrial is now scheduled for with this same defendant and counsel for November
19, 2014, in Sac county case no. SRCR012615.
WHEREFORE, the State respectfully moves the Court for entry of an order
continuing the pretrial conference in this matter to November 19, 2014.
Respectfully Submitted,
/s/ Matthew J. Speers
Matthew Speers
Assistant Buena Vista County Attorney
Special Prosecutor Assigned Herein
606 Geneseo Street
P O Box 1246
Storm Lake IA 50588
(712) 732-1933
(712) 732-2009 (fax)
matt@bvcountyattorney.org
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012587
ORDER OF CONTINUANCE
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Case Title
STATE VS DUSTIN POPE
ORDER FOR CONTINUANCE
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 AGCR012587
ORDER OF CONTINUANCE
This matter is continued, Jury Trial is scheduled on 12/09/2014 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
This matter is continued, Pretrial Conference is scheduled on 11/19/2014 at 9:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2
Case Title
STATE VS DUSTIN POPE
ORDER FOR CONTINUANCE
So Ordered
2 of 2
v.
DUSTIN ALAN POPE,
Defendant.
STATE OF IOWA,
Plaintiff,
vs.
Pretrial Order
The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order
requiring parties to conduct a pretrial conference. The following order is entered:
ORDER
Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on
01/07/2015 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 01/27/2015 at 9:00 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
1 of 2
Case Title
STATE VS DUSTIN POPE
OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
vs.
1 of 2
Case Title
STATE VS DUSTIN POPE
ORDER OF DISPOSITION
So Ordered
2 of 2