The State Has Reached A Plea Agreement With Lake View Man Accused of Threat of Terrorism

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,

vs.

JAMES VERLYN FERTIG ,
Defendant.

Case No: 02811 FECR012499

INITIAL APPEARANCE

Charges:
01 - 708A.5 - THREAT OF TERRORISM (FELD)
02 - 724.26(1) - DOMINION/CONTROL OF FIREARM/OFFENSIVE WEAPON BY FELON

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 D: 2 counts
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
5 X 2 Years Prison
And/Or $fine of not less than $750 nor greater than $7,500 plus 35%urcharge and costs
X 2

1 of 4
E-FILED 2014 FEB 11 4:51 PM SAC - CLERK OF DISTRICT COURT
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.

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:
Based on the nature of the charges, the court finds at this point that the defendant should be held
without bond for the protection of law enforcement personnel and others. Defendant is to fill out a
court appointment application and the court will appoint Charles Schulte to represent him. The court
will confer with the sheriff and the county attorney on February 12, 2014 to gain their perspective
on whether defendant should be released and the conditions that should be attached to any such
release. In the meantime defendant shall consider what assurances he can give the court that he will
not further offend if released and that the safety of himself and others will not be compromised by
such release.

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 02/24/2014 at 10:00 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
2 of 4
Sac County Sheriff
3 of 4
State of Iowa Courts
Case Number Case Title
FECR012499 STATE VS JAMES VERLYN FERTIG
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-02-11 16:52:36
4 of 4
IN THE IOWA DISTRICT COURT FOR
Sac
DISTRICT COUKI' OF IOWA
SAC COUNIY
FILED
201^ FEB 12 AM 8:29
COUNTY
STATE OF IOWA or
Plaintiff/Petitioner,
vs.
^VAivve^ Mevlvjn fW-riot
Defendant/Respondent. ^
V Criminal Civil
No. FECKO WW\
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: A ^ M - l V \ / g V l v ] r \ f ^ Z - f j Oj Birth Date: OS>~ Q 5 ~ 1 \ 4 0
Home Phone: "7/ 2' 1^ 0 ~ fffi 7 2 Cell Phone: E-mail:
Street Address: 3\ 2 *\ & ~ j ' 0 ^ U M . V ^ W f r T 6 ( 4 ^
Street/P.O.Box Apt# City State Zip
Pending charges: ^ In Jail? Yes No
Do you have ajob? M*No Job Yes, Full Time Yes, Part Time (List Hours/week: )
Who do you work for? &- \ l Vc{ . ' ^
o i l
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?^ 12^ 74*"/ . Q O
How many family members are supported by or live with you? Q
If a spouse lives with you, how much money does your spouse make? per hour month year
List all other money you, or anyone else living in your household, has coming in: .
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than$100: 2-0 qCN"-. Q-f~ \(to\3 , L/h-eA| ^iO 1003, V\(k*
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
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 02-1 h 20ty Signature
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

02811 FECR012499

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 Charles Schulte, a contract attorney, is appointed.

1 of 2
E-FILED 2014 FEB 12 9:40 AM SAC - CLERK OF DISTRICT COURT
Type: ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 FECR012499

ORDER

Defendant comes before the court for bond review. After discussion with the defendant and the sheriff
it was agreed that the defendant should be released on the following conditions:
(1) He shall obey all laws of Iowa and the U.S.; (2) He shall not consume any alcohol or illegal drugs;
and (3) He shall attend a minimum of two AA meetings per week and provide the clerk of court with
proof on a weekly basis.

1 of 2
Type: OTHER ORDER
So Ordered
2 of 2

THE STATE OF IOWA, )
)
PLAINTIFF ) Crim No.FECR012499
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
JAMES VERLYN FERTIG )
)
DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884

Original filed
Copy to: County Attorney
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. FECR012499
Plaintiff,
vs.
TRIAL INFORMATION
JAMES VERLYN FERTIG,
DOB: 03/05/1940
Defendant.
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, James Verlyn Fertig of
the crime of THREAT OF TERRORISM, a Class D Felony in violation of Iowa Code Sections
708A.5 and 708A.1 committed as follows:
The said Defendant, James Verlyn Fertig, on or about February 8, 2014 in the County
of Sac and State of Iowa, did unlawfully and willfully threaten to commit terrorism or threaten to
cause terrorism to be committed, causing a reasonable expectation or fear of the imminent
commission of such an act.
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, James Verlyn Fertig of
the crime of FELON IN POSSESSION OF FIREARM OR OFFENSIVE WEAPON, a Class D
Felony in violation of Iowa Code Section 724.26 committed as follows:
The said Defendant, James Verlyn Fertig, on or about February 10, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully, being a convicted felon, knowingly
have under his dominion and control, receive, transport or cause to be transported, a firearm or
offensive weapon, to-wit: Five guns and ammunition for said guns, at his residence at 3129
340
th
Street Lake View.
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
THE STATE OF IOWA vs. JAMES VERLYN FERTIG
Criminal No. FECR012499
COUNT I: Threat of Terrorism
COUNT II: Felon in Possession of Firearm or Offensive Weapon
NAMES OF WITNESSES:
KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFFS DEPARTMENT
LINDA WIRTJES, 911 DISPATCHER, SAC COUNTY E911
LAURA FELDHANS, 911 DISPATCHER, SAC COUNTY E911
Type: Approval of Trial Information
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 2014-02-26 16:09:33 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

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 03/19/2014 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.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
Electronically signed on 2014-02-26 16:09:34 page 2 of 2
Date Type of Meeting Location Verified By Phone #
09-
1
- ' 7 ^ ^
ri
2- 4A>
AL
V
f i UH vT.,..6-
'! WO; 3VS
3 loiaism
IN THE IOWA DISRICT COURT FOR SAC COUNTY
51ATE OF I OWA.
CRIMINAL NO FECRO12499
WRITTEN ARRAIGNMENT,
PLEA OF NO' I- GUILTY
Date Trial Information ftled: 0212612014
Vs.
JAMES VI:I{LYN Ftrltflc
Defendant
CON4ES NOW thc Defendar.rt in the abovc-captioned criminal case and under oath states:
l. I anr reprcserlted by Attorney Charles A. Schulte. tvhosc address and phone number are
. 121
Mai n St . . PO Box 392. Sac Ci t y. I A. 50583:
(712) 662-4715.
2. Ml culrcnt rnailir.rg and residence address and phone number arc 3129 J40' h St.' Lake
View. IA 51450. My phonc number is:712-790-8872. My date of birth is 03-05-1940. I
can read and understand the English language and have completed the following level of
educat i ou: l 2 Years.
'1.
I have bcen adviscd b-v my attorney and understand that I have a right to arraignment
in open Court. ar.rd I volr-u.rtarily waivc that right. choosing instead to sign this Written
Arraignnrent and Plea ofNot Guilty. I understand that times for further proceedings
which are conputed fror.n the date of arraignment will bc computed from the date of
filing this Written Arraignment and Plea of Not Guilty.
5. I have received a copy of the Trial lnformation which charges me r.l' ith the crime of
COUNT I: TIIREAT OF TERRORISM in violation of Iowa Code Section 7084.5;
COUNT II: DOMINION OR CONTI{OL OF A FIREARM BE A FELON in
violation of lowa Code Scction 724.26(l)'
6. With regard to the name by which I am charged in the' frial Information
(either check
' ' l . r' '
. rl chcek a}d currl pl et e
"b"):
,/
/
0 /c,.
The name on the l'rial Information is my true name. I have been advised
and und(rstend that I anr nou,precluded from objecting to the Trial Information upon the
ground that I an, improperly named.
(
)b.
The namc shomr on the Trial Information is not my true name. My true
namc is. I request that an entry be made in the minutes showing my true name. I have
been advised and understand further proceedings will be had against me by that name.
thc Trial lnlbrmation will be amended accordingly, and when the Trial Information is so
amended. I n' ill be precluded lrom objecting upon the grounds I am improperly named
7. I have been advised and understand that I may plead guilty, not guilty or lbrmer
E-FILED 2014 MAR 18 9:52 AM SAC - CLERK OF DISTRICT COURT
conviction or acquittal.
8. For the purpose of this araignment, I have had sufficient time to discuss my case with
m)' attorney, and I n'aive any further time in which to enter a plea.
9. I plead NOT GUILTY to thc charges in paragraph 5 abovc.
10. I have been advised and understand that I have a right under Rule 2.33(2)(b) of thc
Iowa Rules o.f Crimfool Procedure Io a trial within ninetl days/one year after the filing of
the Trial Infonyt{ton and
(check either "a" or "b"):
/t
i . ' /
(
1/a.
I demand speedy trial pursuant to Rule 2.33(2)(b) and (c).
(
)
b. I waive my right to a speedy trial pursuant to Rule 2.33(2Xb) and (c).
11. I request that a trial date be set pursuant to Rule 8.1 ofthe lou' u Rules of' Criminal
Procedure. My attomey and I will be available for trial on the following days: Any
Ti me.
lbr bndar.rt
Original to be filed with Clerk of Court
Copy provided to:
Sac County Attorney
E-FILED 2014 MAR 18 9:52 AM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on March 18, 2014.

The defendant DEMANDS the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 05/07/2014 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 05/13/2014 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
E-FILED 2014 MAR 18 12:41 PM SAC - CLERK OF DISTRICT COURT
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
DISTRICT COURT OF IOWA
SAC COUNTY
FILED
i m MAY -7 AH 8=50
Name
Date Type of Meeting Location Verified By Phone #
i j -
L
(- r< Qflfrol/
/ / / *
/ ) . # i n f i l l -3Sfe/
fl.ArtrcH Z^L
\ 7*
f
r r
A A
STATE OF IOWA,
Plaintiff,
v.
JAMES VERLYN FERTIG
Defendant.
Case No. FECR012499
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On May 7, 2014, the parties conducted a Pretrial Conference as ordered or in
anticipation of the same. The State was / is represented by Sac County Attorney
Ben Smith. The defendant was / is represented by Attorney Chuck Schulte. The
parties, through the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows: The
defendant has agreed to 1) plead guilty to Count 1 amended to First Degree
Harassment (Aggravated Misdemeanor) in violation of Iowa Code 708.7(2)
(threat of forcible felony) 2) serve a 364 day jail sentence with all but time
served suspended 3) be placed on informal probation 4) pay the minimum fine
and all applicable costs and fees, and the State agrees to 5) recommend the
foregoing 6) dismiss count 2 without prejudice with costs to defendant and 7)
recommend that the weapons seized by law enforcement be returned to
defendants grandson.
Defendant intends to submit a written guilty plea by May 21, 2014.
Defendant intends to waive presence at sentencing (if known at this
time).
Defendant intends to waive time between plea and sentencing (if
known at this time).
__________________________
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
E-FILED 2014 MAY 07 11:55 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 FECR012499

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 05/21/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2
Type: OTHER ORDER
So Ordered
2 of 2

The State Has Reached A Plea Agreement With Lake View Man Accused of Threat of Terrorism

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