OWCR012712 - Odebolt Man Pleads Guilty To OWI 1st Offense PDF

E-FILED 2014 DEC 1 9:50 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 2014066581
Filed with Court Clerk (cc: CA)
Arrest Date: 11/28/2014
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
WERKMEISTER
CLINT
WILLIAM
Suffix
Address
City
State
Zip Code
309 W 2ND ST
ODEBOLT
IA
51458-0000
Date of Birth
Gender
Race
Ethnicity
6/5/1972
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
State
Height
Weight
Eye Color
Hair Color
IA
5' 10"
180 LBS
BLUE - BLU
BROWN - BRO
OFFENSE
State Local
Code Section
Crime Description
Class
124.401(5)
POSSESSION OF CONTROLLED SUBSTANCE 1ST OFFENSE
SRMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
IRA AVE 1/4 MI SOUTH OF 350TH ST

Address
City
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
11/28/2014
State
Upper Date Range
Incident Time or Low Range
Zip Code
Upper Time Range
13:56
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
knowingly or intentionally possess a controlled substance, to-wit: METH____, A Schedule _1___ Controlled Substance
VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

Last
First
Middle
WERKMEISTER
CLINT
WILLIAM
Suffix
Business/Organization/State/County/Municipality Name
Address
City
State
Zip
309 W 2ND ST
ODEBOLT
IA
51458-0000
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
CONTAINER LAW. THE VIOLATION WAS OBSERVED ON IRA AVENUE APPROXIMATELY 14 MILE SOUTH OF 350TH STREET. THE TRAFFIC
STOP WAS INITIATED JUST SOUTH OF D-59 ON IRA AVENUE. A PROBABLE CAUSE SEARCH WAS CONDUCTED. SITTING IN PLAIN VIEW IN
THE CONSOLE BETWEEN THE FRONT SEATS WAS A SMALL ZIP LOCK BAG CONTAINING A WHITE POWDERY
Printed At
IOWA STATE PATROL - DIST 05
12/1/2014
9:45 AM
Page 1
of 2
Form #:
2014066581
SUBSTANCE. ANOTHER BAG WAS FOUND IN A SUITCASE ON THE REAR SEAT. ALSO LOCATED WAS A PIPE USED TO SMOKE
MARIJUANA.
Luke, C
492
Signature of Complainant or Officer, Officer Name & Number
GENERAL PROBABLE CAUSE

Defendant Implicated
01 - POSSESSED DRUGS/PARAPHERNALIA
Operating Motor Vehicle in County
Other Physical Evidence
Attempted To Inflict Injury
POSSESSION
Possession of a Controlled Substance
1 - POSSESSED DRUGS
Schedule Drugs
06 - METHAMPHETAMINE
Other Drugs
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
DENISE WOLTMAN
Commission Number
786032
My Commission Expires
09/11/2017
11/28/2014
Signature of Verifying Party
Peace Officer
12/1/2014
9:45 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
2014066581

IN THE IOWA DISTRICT COURT IN AND FOR
SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 2014066581
Filed with Court Clerk (cc: CA)
Arrest Date: 11/28/2014
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
WERKMEISTER
CLINT
WILLIAM
Suffix
Address
City
State
Zip Code
309 W 2ND ST
ODEBOLT
IA
51458-0000
Date of Birth
Gender
Race
Ethnicity
6/5/1972
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
State
Height
Weight
Eye Color
Hair Color
IA
5' 10"
180 LBS
BLUE - BLU
BROWN - BRO
OFFENSE
State Local
Code Section
Crime Description
Class
321J.2(2)(B)
OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE
AGMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
IRA AVE 1/4 MI SOUTH OF 350TH ST

Address
City
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
11/28/2014
State
Upper Date Range
Incident Time or Low Range
Zip Code
Upper Time Range
13:56
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
operate a motor vehicle by one or more of the following means:

a. While under the influence of an alcoholic beverage or drugs or a combination of
such substances;
b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine;
c. while any
amount of a controlled substance is present in the person as measured in the person's blood or urine; and having been convicted of/received a deferred
judgment for the crime once before; the said CLINT WERKMEISTER having been convicted of/received a deferred judgment for the crime of Operating
While Intoxicated in _SAC_____ County, Iowa Cause No. 2014066581 on __11-28-2014
AFFIDAVIT
STATE OF IOWA,
SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
THE DEFENDANT APPEARED TO BE UNDER THE INFLUENCE OF A SUBSTANCE OTHER THAT ALCOHOL. FIELD SOBRIETY TESTS WERE
PERFORMED. THE DEFENDANT DID CONSENT TO A BREATH TEST ON THE DATA MASTER. THE RESULT WAS BELOW THE LEGAL LIMIT.
A DRUG RECOGNITION EXPERT WITH THE IOWA STATE PATROL ADMINISTERED SEVERAL TEST. THE RESULT OF THESE TESTS
SHOWED THE DEFENDANT TO BE UNDER THE INFLUENCE OF CANNABIS.
Printed At
12/1/2014
10:15 AM
Page 1
of 2
Form #:
2014066581

Luke, C
492
Signature of Complainant or Officer, Officer Name & Number
GENERAL PROBABLE CAUSE

Defendant Implicated
05 - OPERATING MOTOR VEHICLE, 06 - POSSESSED ALCOHOLIC BEVERAGES/CONTAINERS, 01 - POSSESSED DRUGS/PARAPHERNALIA
Operating Motor Vehicle in County
Other Physical Evidence
Attempted To Inflict Injury
Sac - 81
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
DENISE WOLTMAN
Commission Number
786032
My Commission Expires
09/11/2017
11/28/2014
Signature of Verifying Party
Peace Officer
12/1/2014
10:15 AM
Page 2
of 2
Notary
Form #:
2014066581
DISTRICT CGUHi OF IOWA

SAC COUNTY
FILED
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
2IMDEC-! PH 3:33
MAGISTRATE DIVISION
STATE OF IOWA,
Plaintiff
vs
MAGISTRATE NO
INITIAL APPEARANCE
0 W I
- )hJ2.
Defendant
the Defendant herein appears before the
day of
On this
undersigned Magistrate in and for Sac County, having heen charged with the crime of Operating While
Intoxicated - O\\JL+T offense, being a violation of Section 3 3 \ 3 . <K. 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 of the proceeding and, if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.
That he/she is charged with a violation of Section 3^-1 J ^ , which is classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor
That the maximum punishment for a plea of guilty or conviction of the above charge is
a) ^
One 63rCounty Jail - Minimum / days
b) Vj
ok. Years Prison
'^7
And/Or a fine of not less than $ "
d).
ins
4.
or more than $
_ You will lose your licenyCfor a minimum of'jLS days and cannot obtain
a work permit for "31 ^ days.
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
(a)
this Court. 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/serious 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:
(1) You must not use alcohol or drugs during the pendency of this matter.
(2) You must not drive while your license is under suspension.
J3) You must obey the laws of the State of Iowa and the United States.
\4) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac Citv - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 7325136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within
30 days to the Sac County Clerk of Court at P.O. Box 368. Sac City, IA 50583. YOU
A R E NOTIFIED THAT THIS IS MANDATORY. AND YOUR FAILURE TO
C O M P L Y W I L L RESULT IN ISSUANCE OF A N ARREST WARRANT AND
REVOCATION OF YOUR PRETRIAL RELEASE.
* 3poO i ?|i
WIS
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 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:
Magistrate Courtroom, Courthouse, Sac City, Sac County, 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 H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS
F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS F R O M THIS DATE, T H E SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
CONVENIENCE 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^ (641) 421-0990. (If you are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.)
Copies to:
County Attorney
Defendant
Sac County Sheriff
DISTRICT COUtfrQF IOWA

SAC COUNTY
FILED
2011DEC-! PH 3: 33
COUNTY
Sac
IN T H E I O W A DISTRICT COURT F O R _
Civil
Criminal
STATE O F I O W A or
Plaintiff/Petitioner,
vs.
FINANCIAL AFFIDAVIT/APPLICATION
F O R APPOINTMENT O F C O U N S E L
Defendant/Respondent.
Home Phone:
Street A d d r e s : 7 ^ f * S
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Street/P.O.
T
'Apt*
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City"
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State
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In Jail? ydKes
Pending charges:
Do you have ajdbj}>^3 No Job

Who do vou work for?
; ;
Yes, Full Time
AS/T
n.
Yes, Part Time (List Hours/week:
How much money do you currently make before taxes or deductions?
V \? * P
e r
n o u r
5 / > ^ V
*
Zip
'~
^ month year
How much money have you made in the last 12 months from any source, before taxes or deductions?
~> 77'
How many family members are supported by or live with you?

If a spouse lives with you, how much money does your spouse make?
.''per
hour/Q month year
List all other money you, or anyone else living in your household, has coming in:
ris/
List what you own including money in banks, cars, tracks,-other vehicles, land, houses, buildings-, qash, or anything
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else worth more than S100: / . y } / A _
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List amounts you pay monthly for mortgages, rent car loans, credit cards, child support, or anv other debts:
JU
I understand I may be required to repay the State for all or parjoTvmy attorney fees and costs, I m'ay^be
r ^ n n i r w l
Date)
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Rev. 1/6/12
DISTRICT CGUHi OF IOWA

SAC COUNTY
FILED
BAIL BOND
2011.DEC-1 PM 3:33
<
ZZXhCL
S T A T E O F IOWA, C O U N T Y O F
STATE OF IOWA
VS.
Before (Judge, Magistrate)

Criminal Case No.
BAIL BOND
Defendant
An indictment (or charge) having been found (or made) in the District Court (or other appropriate Court) of the County of
on the
g^A
-20
20
- dav
day of -
, charging
with the crime of"

(designating it as in the warrant, indictment, or complaint), and suctyperson having been duly admitted to bail in the sum of
DOLLARS:
Defendant, and
We,
Lederman Bonding Company
CC-A
\ V \ - V ^ - ^ L S Y " V . YY\f( ^ " H ^ -
Court of the County of
Surety, hereby undertake that the said

Y
'
, on the
, Defendant, shall appear at the
PJstricL
-day of
answer the said indictment (or charge), and submit to the orders and judgment of said court, and not depart without leave of same
or if such person fails to perform either of these conditions, that such personjvjJJ p ^ t o the State of lof/a|the sum of
(Insert the sum in which the Defendant is admitted to bail).
(
WARNING! DO NOT ACCEPT THIS DOCUMENT UNLESS YOU CAN SEE A TRUE WATERMARK AND VISIBLE FIBERS FROM BOTH SIDES.
POWER OF ATTORNEY
VALID IF POSTED BY:
September 1, 2015
INSURANCE COMPANY. INC

160 WATER ST., NEW YORK, NY 10038
POWER AMOUNT $
6,000
POWER NO. S 0 6
02294878
KNOW ALL MEN BY THESE PRESENTS that Seneca Insurance Company. Inc., has constituted and appointed, and does hereby constitute and appoint the.named Executing Agent its true and lawful Attorneyin-Fact, with full power and authority to sign the company's name and affix its corporate seal to, and deliver on its behalf as surety, any and all obligations as'herein provided, and the execution of such obligations
in pursuance of these presents shall be as binding upon the company as fully and to all intents and purposes as if done by the regularly elected officers of said company at its home office in their own proper
person; and the said company hereby ratifies and confirms all and whatsoever its said Executing Agent may lawfully do and perform in the premises by virtue of these presents.
SIX THOUSAND DOLLARS
The obligation of the company shall not exceed the sum of
\ \ \ *^
The authority of the Executing Agent under this Power of Attorney is limited to appearance bonds only and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitation,
fines, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance of the defendant. This Power of Attorney is for use with Bail Bonds only
and is void if altered, erased, or used'with other powers of this company. It is not valid if used in connection with Federal Immigration Bonds or-Civil Bonds. A separate Power of Attorney must be attached
to each bond executed. STACKING OF POWERS IS STRICTLY PROHIBITED! No more than one power from this Surety may be used to execute any one bond. Powers of Attorney must not be returned
lo Executing Agent, but should remain a permanent part of the court records.
\
'
IF BOND FORFEITS, attach a copy of this.Power of Attorney to the forfeiture notice and mail to SENECA INSURANCE COMPANY, INC., ATTN: BAIL BOND DEPT., 160 WATER ST., 16TH FL..
NEW YORK, NY 10038 and the Executing Agent named below at:
j ( 1
^ f Y \ ^ . Y \
IN WITNESS WHEREOF, Seneca Insurance Company. Inc. has caused these presenls'to
Executing Agent and Attorney-in-Fact, proper for the purpose
presents to be
be signed
signed by
by its
its duly
duly authorized
author
V
and its corporate seal to be hereunto affixed this ^ ^ y " ^
day of
Bond Amount $
_Premium Charged $
Appearance
D.O.B.
Defendant
Case No. /
Court
ci. ^h>^,r. C ' r M ^ . . ^
State.
Cou
If rewrite.
Original No.
Charge
Executing Agi
Attorney-in-Fac7
Amount $
j
f
Secretary
Executing Agent
License No.
Chairman
MARC T.A. WOLIN
DOUGLAS M. LIBBY
>
FOR STATE USE ONLY

NOT VALID IF USED IN FEDERAL COURT
IT IS UNLAWFUL TO PRINT OR REPRODUCE THIS FORM.

SENPOA121-0198/Rev. 5-14
COURT COPY
STATE OF IOWA,
PLAINTIFF,
VS.
CLINT W WERKMEISTER ,
02811 OWCR012712
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
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 A. Goldsmith (712) 364-2421, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.
1 of 2
State of Iowa Courts

Case Number
OWCR012712
Type:
Case Title
STATE OF IOWA VS WERKMEISTER, CLINT W
ORDER APPOINTING
So Ordered
Electronically signed on 2014-12-02 10:06:58
2 of 2
E-FILED 2014 DEC 22 4:01 PM SAC - CLERK OF DISTRICT COURT
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
Case No: 02811 OWCR012712

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 is
scheduled on 01/07/2015 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
Case Number
OWCR012712
Case Title
So Ordered
page 2 of 2
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR012712
Plaintiff,
vs.
TRIAL INFORMATION
CLINT WILLIAM WERKMEISTER,
DOB: 06/05/1972
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, Clint William
Werkmeister of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Clint William Werkmeister, on or about November 28, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or
more of the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. While having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. While any amount of a controlled substance is present in the person as measured in the
person's blood or urine.
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, Clint William
Werkmeister of the crime of POSSESSION OF METHAMPHETAMINE, A SCHEDULE II
CONTROLLED SUBSTANCE, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa
Code Section 124.401(5) committed as follows:
The said Defendant, Clint William Werkmeister, on or about November 28, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a
controlled substance, to-wit: Methamphetamine, A Schedule II Controlled Substance.
A TRUE INFORMATION
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. CLINT WILLIAM WERKMEISTER

Criminal No. OWCR012712
COUNT I: Operating While Intoxicated, First Offense
COUNT II: Possession of Methamphetamine, a Schedule II Controlled Substance, First
Offense
NAMES OF WITNESSES:
CHARLES LUKE, TROOPER, IOWA STATE HIGHWAY PATROL, POST 5
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
SCOTT DEVEREAUX, TROOPER / DRUG RECOGNITION EXPERT, IOWA STATE
HIGHWAY PATROL POST 7
KERI DAVIS OR DESIGNATED EVIDENCE TECHNICIAN, EVIDENCE
TECHNICIAN, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
AMANDA KILGORE OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA
DEPARTMENT OF PUBLIC SAFETY CRIMINAL INVESTIGATION DIVISION,
CRIMINALISTICS LABORATORY

Type:
Approval of Trial Information
Case Number
OWCR012712
Case Title
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
E-FILED 2015 JAN 07 10:28 AM SAC - CLERK OF DISTRICT COURT

02811 OWCR012712
STATE OF IOWA,
Plaintiff,
v.
ORDER RESCHEDULING ARRAIGNMENT

Defendant.
Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 01/21/2015
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel
1 of 2

Case Number
OWCR012712
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2
IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
Case No: 02811 OWCR012712

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on January 22, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 03/04/2015 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 04/07/2015 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

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

Case Number
OWCR012712
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2015 MAR 11 10:56 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
No. OWCR012712
Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
CLINT WILLIAM WERKMEISTER,

Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On March 5, 2015, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Peter Goldsmith. The parties, through
the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1, pay the minimum fine and all
applicable costs. In consideration, the State has agreed to dismiss Count 2
WITHOUT prejudice, dismiss the companion paraphernalia charge filed in
SMCR012711, recommend that Defendant receive a suspended 90-day jail
sentence and be placed on informal probation through the Sac County
Probation Office.
Defendant intends to waive presence at sentencing. Defendant intends to
waive time between plea and sentencing.
__________________________
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 2015 MAR 11 2:01 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
02811 OWCR012712
Plaintiff,
vs.
ORDER
Defendant.
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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 03/18/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
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

Case Number
OWCR012712
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
OWCR012712
Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER
CLINT W. WERKMEISTER,
Defendant.
CHARGE:
Count I: Operating While Intoxicated, First Offense, a serious

misdemeanor, in violation of Iowa Code 321J.2
Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, First Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,250.00;
(2)
a 35% surcharge of $437.50;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
(5)
the court costs of this action, including court-appointed

attorney fees as certified by Mr. Goldsmith. The Court finds
through information provided by the parties, the Defendant
is reasonably able to pay this expense.
Defendant shall pay all financial obligations to the Clerk of Court of

this county or online at www.iowacourts.gov. Defendant shall
make payments according to a plan of payment to be developed by
his probation officer.
b.
Defendant shall serve thirty (30) days in the county jail, with all but
two (2) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by May 18, 2015.
Defendant may participate in a 48-hour Weekend Alcohol Program

and receive credit towards 48 hours of the jail sentence. If
Defendant does not serve the jail sentence by that date, in addition
to Defendant being subject to contempt of court or probation
revocation proceedings, upon written request from the Sheriff, the
Clerk of Court shall issue a warrant for mittimus of the
unsuspended portion of the sentence and such warrant shall issue
without further court order.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;
c.
As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:
(1)
Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;
(2)
Defendant shall obey all laws;
(3)
Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location; and
(4)
Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;
d.
Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and
e.
Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
7.
IT IS FURTHER ORDERED that Count II of the Trial Information as well as
Case No. SMCR012711 are dismissed upon motion of the county attorney and pursuant
to plea agreement. Costs are taxed to the Defendant.
Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

Type:
OTHER ORDER
Case Number
OWCR012712
Case Title
So Ordered
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OWCR012712 - Odebolt Man Pleads Guilty To OWI 1st Offense PDF

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E-FILED 2014 DEC 1 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Agency Case Number: 2014066581

Filed with Court Clerk (cc: CA)

Arrest Date: 11/28/2014

Submitted to County Attorney

THE STATE OF IOWA

NOT OF HISPANIC ORIGIN - N

POSSESSION OF CONTROLLED SUBSTANCE 1ST OFFENSE

IRA AVE 1/4 MI SOUTH OF 350TH ST

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

Upper Time Range

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

IOWA STATE PATROL - DIST 05

E-FILED 2014 DEC 1 9:50 AM SAC - CLERK OF DISTRICT COURT

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

IOWA STATE PATROL - DIST 05

Signature of Verifying Party

E-FILED 2014 DEC 1 10:22 AM SAC - CLERK OF DISTRICT COURT

This Complaint and Affidavit is to be:

Agency Case Number: 2014066581

Filed with Court Clerk (cc: CA)

Arrest Date: 11/28/2014

Submitted to County Attorney

THE STATE OF IOWA

NOT OF HISPANIC ORIGIN - N

OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE

IRA AVE 1/4 MI SOUTH OF 350TH ST

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

Upper Time Range

operate a motor vehicle by one or more of the following means:

IOWA STATE PATROL - DIST 05

E-FILED 2014 DEC 1 10:22 AM SAC - CLERK OF DISTRICT COURT

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

05 - OPERATING MOTOR VEHICLE, 06 - POSSESSED ALCOHOLIC BEVERAGES/CONTAINERS, 01 - POSSESSED DRUGS/PARAPHERNALIA

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

IOWA STATE PATROL - DIST 05

Signature of Verifying Party

DISTRICT CGUHi OF IOWA

Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

DISTRICT COUtfrQF IOWA

Do you have ajdbj}>^3 No Job

Yes, Full Time

Yes, Part Time (List Hours/week:

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

How many family members are supported by or live with you?

hour/Q month year

DISTRICT CGUHi OF IOWA