DISTRICT COU'Kl" OF I O W A Complaint STATE OF IOWA, COUNTY OF SAC Item #: 14-0085?

iLED

20IUAN27 ftM 8: U7
STATE OF IOWA Vs.
Criminal Case No. Defendant Mohr, Michael Shane z Complaint Serious Misdemeanor Address 202 6th Street, Lake View IA Date of Birth

Before (Judge, Magistrate)

The defendant is accused of the crime of Domestic Abuse Serious Assualt in violation of (Section 708A(2)(b) of the Code of lowa) or Ordinance No. in that the defendant on the 25 day of January , 2014, at the intent of bodily injury to his father, Mike Mohr. (State acts or omissions constituting offense) Dated of the City of in Sac County, did :

Commit the offense of Domestic Abuse Serious Assault, did commit an act with the

Complainant Statutory Reference 804.1 Code of lowa STATE OF IOWA, COUNTY OF SAC, ss. I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other reliable persons form my belief that Michael Shane Mohr the defendant committed the crime charged. On January 25, 2014 at 202 6th Street, Lake View M.M during an altercation did cause bruising and swelling by striking his father, Mike Mohr, with his right fist to the left cheek. Mike stated he was assaulted by M.M. Address

Signature Subscribed and sworn to before me by the said 1

Subscribed and sworn to before me by the said ., Complainant, on the of TTr. n 20/4 ,
JENNIFER S C H R A M M Commission Number 770007 MY COMMISSION EXPIRES OCTOBER 6, 2 0 i _ f _

3-L> day

in the State of lo\

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JUDICIAL MAGISTRATE

Complaint STATE OF IOWA, COUNTY OF SAC

Item #: 14-00859 FILEO

2QIUAN21 W
STATE OF IOWA Vs.
Criminal Case No. Defendant Mohr, Michael Shane z Complaint Serious Misdemeanor Address 202 6th Street, Lake View IA Date of Birth

Before (Judge, Magistrate)

The defendant is accused of the crime of Domestic Abuse Serious Assualt in violation of (Section 708A(2)(b) of the Code of lowa) or Ordinance No. in that the defendant on the 25 day of January , 2014, at the of the City of , in Sac County, did :

Commit the offense of Domestic Abuse Serious Assault, did commit an act with the intent of bodily injury to his younger brother, whom Michael resides with. (State acts or omissions constituting offense) Dated

Complainant Statutory Reference 804.1 Code of lowa STATE OF IOWA, COUNTY OF SAC, ss. I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other reliable persons form my belief that Michael Shane Mohr the defendant committed the crime charged. On January 25, 2014 at 202 6th Street, Lake View M.M during an altercation did cause bodily injury to right side ribs, right of face, and right knee of his younger brother, Andrew Mohr. Andrew then ran to his neighbors at 518 Jackson Street, Lake View to have them call for police. Andrew stated he was assaulted by M.M. Address

Signature

DISTRICT COUK i Or IUVVA SAC COUNTY

MAGISTRATE DIVISION
STATE OE IOWA, Plaintiff vs. ) M A G I S T R A T E NO.

201 U A H 21 ftM U7

^oLli..*.N\jL)
Defendant

INITIAL APPEARANCE

Qn this (g day of ' , 2u/j( the Defendant herein appears before the unders dersigned Magistrate in and for Sac County, having been charged with the crime 'JI^AJCJ . being a violation of Section 7t?Thi>)LA ) of the Code of 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 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 ofthe 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 MM___which is classified as: Felony - Class Aggravated Misdemeanor . Y> Serious Misdemean or ' ^ Ct3k*-tCo
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3. That the maximum punishment for a plea of guilty or conviction pf the above charge is: ^ One Year County Jail X ^ 4 ^ Mi hi/Hlrru ' . Years Prison 0 X, And/Or $ S 3U L j PS Fine f 3_ /_ Sj C. -f fal-f _f ~ That to obtain the services tof 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. (a) r>. You will be released from custody prior to trial on your own promise to appear at aB further court proceedings. Ifyou willfully fail to appear before any court as required, you shall be guilty of a CHasslTTelony/serious misdemeanor; or (b) K (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you wfll appear at all court proceedings in the future and ijtftnefore the Court imposes the foDowing conditions on your release: (V) -VftU /Vl lijT Ok^^CtXX* ^d_A<? h.

6. Defendant is entitled to a 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 Mm/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 p r e j ^ ^ Waived _ ~ I) y Set for the 5rU day of F-t ruayt ,20<%at &&\o<\ AM. in the.. * Magistrate Courlxoom, Courfhouse, Sac Cny, Sac County, Iowa. <_/[) (UJC^t^eJ^Lj(^ ~
a

P^G^Jt fa^ F - ^ ^ y r? >rf <2>Q. ....

If a prelmiinary hearing date-has-been seLj you should contact the county attorney at 012) 66_-47?i before attending this hearing to determine whether or not it wfll be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WnTJTN 10 DAYS IROM THIS DATE TO DO SO. TF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVFJSTIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you 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. (Ifyou are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)

Warren L. Bush/Joseph J. Heidenreich, Judicial Magistrate

Copies to: County Attorney Defendant Sac County Sheriff

Form 4.11: No Contact Order (Criminal Prosecution of Domestic Abuse Assault 708.2A or Misdemeanor Cnargi Contact Order 664A:7). ^z^;-... Case No.

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:

Order of Protection
This order can be verified during business hours with the : SAC County Clerk of Court at

Judge

WARREN L. BUSH*
(print or type name'nere)

"BUT? IOWA

County

SAC

State

(712) . 662-7791 or anytime with the _ ^ SAC COUNTY SHERIFF ment agency) at . (law enforce-

(712)-66297127

NO CONTACT ORDER (Criminal Prosecution of Domestic Abuse Assault 708.2A or Misdemeanor Charge of Violating No Contact Order 664A.7) ISSUE DATE:

PROTECTED PARTY:

Other Protected Persons:

ipwcW G
First

/Mr
Middle Last

STATE OF IOWA V. DEFENDANT:

DEFENDANT Date of Birth

1-3 f - t )

First

' ' Middle

Last
If checked,

Address for Defendant (not shared address with Protected Party)

FIREARMS WARNING for Law Enforcement THE COURT H E R E B Y FINDS: 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. CAUTION: THE COURT H E R E B Y 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. 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. 18 U.S.C. 2262. Federal and state laws provide penalties for possessing, transporting, shipping, or receiving any firearm or ammunition. 18 U.S.C. 922(g)(8); Iowa Code Section 724.26(2)(a). Only the court can change this order.

Effective date: December 2010

"" On the Basis of the com^ finds there is probable cause tp believe that

submitted tb the court at the time of the defendant's' appearance, the- court - or [ ] defendant has violated a prior no contact order or consent agreement (664A.7)

$1 a domestic abuse assault has occurred ( 708.2A)

and the presence ofthe defendant in the alleged victim's residence poses a threat to the safety ofthe 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 ofthe person, a former spouse of the person, an individual who is a parent of a child ofthe 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 parry'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 parry'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. -^--j-i-^-: 4.4 -~'|ficdiieMC^ecl;~d6fendStntmay enter-the-Yesidenee^once- in--the-companyiOf a-.peace^officer iOTetdeye.-Jj@feradao.t!s^c!Qtt)iirig, 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. [ ] 5. If checked, additional directives . . 6. The Defendant shall not possess, ship, transport, or receive firearms, offensive weapons, or ammunition while this order is in effect pursuant to lowa Code Section 724.26(2)(a) and as a condition of release. The Defendant shall deliver all firearms, ammunition, and offensive weapons to [Name of Law Enforcement Agency!. lAddress of Law Enforcement Agency], [City], lowa within 24 hours of release from jail. 7. This protective order is in effect immediately. The order may be extended prior to expiration, or at sentencing, for five years pursuant to sections 664A.5 (modification) and 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. /")
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10. BondissetatS

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11. If checked, defendant qualifies for court-appointed counsel, and attorney

is appointed.

JUDGE,
[ [ [ ] j J

JUDICIAL DISTRICT W A R R E N L B U S H JUDICIAL MAGISTRATE

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 County Sheriff as required by lowa Code sections 236.5(5) and 664A.4. The 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 ( Ifyou are hearing-impaired, call Relay lowa TTY at 1-800-735-2942.

Effective date: December 2010

DISTRICT COUH I OF I O W A
SA

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NrY

IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, vs, Defendant/Respondent

Sac

Z0IUAN27 A M 8:1*7
COUNTY Civil

^Xcri Criminal

N O . SfiCRoMqD
FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name:i Home Phone: Street Address&D'E. W ^ h a M / b U k f Cell Phone: (t$^ Street/P.O. Box j Apt # BirthPate: E-mail: City State S Zip ff/

Pending charges:,T^V>AAXvS 'Vi C Do you have a job? No Job Yes, Full Time /Cin^-t

In Jail? y Yes No

51 Yes, Part Time (List Hours/week: >

Whodoyouworkfor?^t^Vt.^t,r

j -v
l

How much money do you currently make before taxes or deductions'!' / ^

per per H hour month

year

How much money have you made in the last 12 monthsfromany 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? List all other money you, or anyone else living in your household, has coming in: per hour month year

List what you own including money in banks, cap, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: Ar ^ *

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

/A'*><-
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

~y-^r
Signature 'L K/Z
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,. /
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Rev. 1/6/12

E-FILED 2014 JAN 27 3:25 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. MICHAEL S MOHR , DEFENDANT. 02811 SRCR012490 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 Robert E. Peterson, 108 W 8th St., Carroll, IA 51401 (712)792-4485, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2014 JAN 27 3:25 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012490 Type: Case Title STATE VS MICHAEL SHANE MOHR ORDER APPOINTING So Ordered

Electronically signed on 2014-01-27 15:25:57

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E-FILED 2014 JAN 27 3:59 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 14 2:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. MICHAEL SHANE MOHR, DOB: 01/29/1991 Defendant. CRIMINAL CAUSE NO. SRCR012490

TRIAL INFORMATION

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, Michael Shane Mohr of the crime of DOMESTIC ABUSE ASSAULT, a Serious Misdemeanor in violation of Iowa Code Sections 708.2A(1) and 708.2A(2)(b) committed as follows: The said Defendant, Michael Shane Mohr, on or about January 25, 2014, in the County of Sac and State of Iowa, did unlawfully and willfully commit a domestic assault against his brother A.M., causing bodily injury. COUNT II 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, Michael Shane Mohr of the crime of DOMESTIC ABUSE ASSAULT, a Serious Misdemeanor in violation of Iowa Code Sections 708.2A(1) and 708.2A(2)(b) committed as follows: The said Defendant, Michael Shane Mohr, on or about January 25, 2014, in the County of Sac and State of Iowa, did unlawfully and willfully commit a domestic assault against his father Mike Mohr, causing bodily injury. A TRUE INFORMATION

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

E-FILED 2014 FEB 14 2:50 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. MICHAEL SHANE MOHR Criminal No. SRCR012490 COUNT I: Domestic Abuse Assault COUNT II: Domestic Abuse Assault

WITNESS LIST

NAMES OF WITNESSES: MICHELLE PEDERSEN, OFFICER, LAKE VIEW POLICE DEPARTMENT MICHAEL GENE MOHR A.M., A JUVENILE

E-FILED 2014 FEB 14 2:50 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012490 Approval of Trial Information Case Title STATE VS MICHAEL SHANE MOHR

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 2014-02-14 14:50:54

page 3 of 3

E-FILED 2014 FEB 14 2:50 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs MICHAEL S MOHR ,

Case No: 02811 SRCR012490 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

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 02/19/2014 at 11:00 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.

Clerk to provide notice or copies to: County Attorney Defendant/Defense Attorney

State of Iowa Courts Type: Case Number SRCR012490 ORDER FOR ARRAIGNMENT Case Title STATE VS MICHAEL SHANE MOHR So Ordered

Electronically signed on 2014-02-14 14:50:55

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E-FILED 2014 FEB 19 11:37 AM SAC - CLERK OF DISTRICT COURT

2RCR18

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Case No. 02811 SRCR012490 PLAINTIFF, VS. MICHAEL S MOHR , DEFENDANT. The Defendant failed to appear for the Arraignment hearing scheduled for February 19, 2014. A warrant should now issue for the Defendant's arrest to secure his appearance for those proceedings. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 1. The clerk of court shall issue a statewide warrant for the Defendant's arrest. Bond on that warrant shall be $2,000.00 cash only. 2. When the Defendant has been arrested and is available for the Arraignment proceedings, the State shall so notify the Court. The Arraignment hearing will then be rescheduled. ORDER

CLERK TO FURNISH COPIES TO: BENJAMIN JOHN SMITH ROBERT EUGENE PETERSON SAC COUNTY SHERIFF

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E-FILED 2014 FEB 19 11:37 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012490 Type: Case Title STATE VS MICHAEL SHANE MOHR ORDER TO ISSUE PUBLIC/BENCH WARRANT So Ordered

Electronically signed on 2014-02-19 11:38:16

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