E-FILED 2015 AUG 11 8:02 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: B-15-1031

Filed with Court Clerk (cc: CA)

Arrest Date: 08/10/2015

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA

VS.

OFFENDER
Last

First

Middle

KINGERY

JEFFERY

SCOTT

Suffix

Address

City

State

Zip Code

1613 ROLF AVE

NEWELL

IA

50568

Date of Birth

Gender

Race

Ethnicity

4/17/1971

MALE

WHITE - W

NOT OF HISPANIC ORIGIN - N

Height

Weight

Eye Color

Hair Color

5' 11"

245 LBS

BLUE - BLU

BROWN - BRO

State

OFFENSE
State Local

Code Section

Crime Description

Class

708.2A(2)(A)

DOMESTIC ABUSE ASSAULT- 1ST OFFENSE

SMMS

Location Type

20 - RESIDENCE/HOME
Literal Description

ROLF AVE
Address

City

State

1613 ROLF AVE

NEWELL

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

08/09/2015

Upper Date Range

Incident Time or Low Range

Zip Code

50568
Upper Time Range

10:45

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

assault Carla Weitzel, a residing household member.

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

Last

First

Middle

WEITZEL

CARLA

JEAN

Suffix

Business/Organization/State/County/Municipality Name

Address

City

State

Zip

1613 ROLF AVE

NEWELL

IA

50568

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

Carla Weitzel , mother to the defendant told this officer that yesterday (October 9, 2015) at about 10:45am while in her kitchen confronted her son about
his drug use. The defendant according to the victim became very angry and grabbed her by the arm. The victim reports

Printed At

SAC COUNTY SHERIFF'S OFFICE

8/11/2015

8:00 AM

Page 1

of 2

Form #:

B-15-1031

E-FILED 2015 AUG 11 8:02 AM SAC - CLERK OF DISTRICT COURT

that she feared for her safety at that point and that she often fears for her safety when her son is around. Victim also reports that the defendant earlier
in the week threw some books at her. Defendant lives with his mother at her residence at 1613 Rolf Ave.

MCCLURE, KEN

81-1

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

Defendant Implicated

07 - IDENTIFIED BY WITNESSES, 09 - NEAR SCENE OF CRIME, 14 - OTHER PHYSICAL EVIDENCE

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

VIDEO OF WITTNESS AND DAMAGE

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

SAC COUNTY SHERIFF'S OFFICE

08/10/2015

Signature of Verifying Party

Peace Officer

8/11/2015

8:00 AM

Page 2

of 2

Notary

Form #:

Prosecuting Attorney

B-15-1031

E-FILED 2015 AUG 11 8:10 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 AUG 11 8:10 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 AUG 11 11:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 SMCR012906
vs.
JEFFREY SCOTT KINGERY ,
Defendant.

APPEARANCE

Action: Defendant is released on his promise to appear subject to the no contact order.
Date Filed:
Charge(s):
01 - 716.6 - CRIMINAL MISCHIEF 5TH DEGREE
02 - 708.2A(2)(a) - DOMESTIC ABUSE ASSAULT- 1ST OFFENSE
The Defendant appears and enters a not guilty plea to the above listed charge(s). This charge
is a simple misdemeanor and conviction carries a maximum penalty of $625.00 Fine plus 35%
Surcharge and/or a term of confinement in the Sac County Jail not to exceed 30 days, plus Court
Costs.
OR
This matter should be set for Trial.
OR
Based upon Defendant's guilty plea, the Court orders Defendant to pay a Fine of $, Surcharge of
$ and Court Costs of $, all to be paid within days under penalty of Contempt.
In addition, Defendant shall pay a Law Enforcement Initiative Surcharge of $125.00 pursuant to
Section 911.3. (For violations under 124, 155A, 453B, 713, 714, 715A, 716, 719.8, 725.1 and 725.2 &
725.3).

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E-FILED 2015 AUG 11 11:25 AM SAC - CLERK OF DISTRICT COURT

In the event that the Fine, Surcharge, Court Costs are not paid within the prescribed period, then
Defendant shall appear on the day of , at o'clock to show cause why he/she should not be found in
Contempt of Court for failure to obey this Court Order.
Defendant is advised that the sentence for Contempt shall be a Fine of not less than $65.00 and not
more than $650.00 plus 35% Surcharge and Court Costs.
AND/OR
By confinement in the Sac County Jail for a period not to exceed 30 days and payment of Court
Costs.

TOTAL DUE: $ TO BE PAID BY .

All payments shall be made to: Clerk of Court
100 NW State Street, Suite 12
Sac City, IA 50583
Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant

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E-FILED 2015 AUG 11 11:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012906
Type:

Case Title
STATE VS JEFFERY SCOTT KINGERY
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2015-08-11 11:25:22

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E-FILED 2015 AUG 11 11:29 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

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

Case No. 02811 SMCR012906

Judge BUSH

NO CONTACT ORDER

ISSUE DATE: 08/11/2015

PROTECTED PARTY: CARLA WEITZEL

STATE OF IOWA,
VS
DEFENDANT:

Other Protected Persons:

Defendant Date of Birth: 4-17-71

JEFFREY SCOTT KINGERY

Address for Defendant (not shared address with
protected party)

CAUTION: If checked, FIREARMS

WARNING for law enforcement
THE COURT HEREBY 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.

THE COURT HEREBY ORDERS:

The above named Defendant is restrained from committing further acts of abuse or threats of abuse.
The above named Defendant is restrained from any contact with the Protected Party.
Additional terms of this order are as set forth below.
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E-FILED 2015 AUG 11 11:29 AM SAC - CLERK OF DISTRICT COURT

This order shall remain in effect until modified or terminated by further written order of the court, until
the case is dismissed, or until sentencing.
WARNINGS TO DEFENDANT:
This order shall be enforced, even without registration, by the courts of any state, the District
of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state,
territorial, or tribal boundaries to violate this order may result in federal imprisonment
(18U.S.C. 2262).
Federal law provides penalties for possessing, transporting shipping, or receiving any firearm
or ammunition (18 U.S.C. 922(g)(8)).
Only the court can change this order.
On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's
appearance, the court finds there is probable cause to believe that a violation of

the presence of the defendant in the alleged victim's residence poses a threat to the safety of the
alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate
family.
If checked, the court finds the defendant and protected party meet the definition of intimate
partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited with the person").
IF CHECKED, the court must check box 6, prohibiting the defendant from possessing
firearms.
Therefore, the court orders as follows:
1. Defendant shall not communicate with the protected party in person or through any means
including third persons. This restriction shall not prohibit communication through legal counsel.
2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the
protected party. Defendant shall stay away from the protected party and shall not be in that party's
presence except in a courtroom during court hearings.
3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest,
attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or
members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to
use physical force against the protected party that would reasonably be expected to cause bodily
injury.
4. If checked, defendant may enter the shared residence once in the company of a peace
officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the
law enforcement agency all devices that allow access or entry to the residence or outbuildings (for
example, keys or garage openers). The law enforcement agency shall contact the protected party to
provide notice of the intent of the defendant to return to the residence and to accommodate the safety
concerns of the protected party.
5. If checked, additional directives:
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E-FILED 2015 AUG 11 11:29 AM SAC - CLERK OF DISTRICT COURT

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

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E-FILED 2015 AUG 11 11:29 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012906
Type:

Case Title
STATE VS JEFFERY SCOTT KINGERY
NO CONTACT ORDER
So Ordered

Electronically signed on 2015-08-11 11:29:11

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E-FILED 2015 AUG 28 2:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff(s),

Case No: 02811 SMCR012906

vs

Order Setting Trial

JEFFREY SCOTT KINGERY ,

Defendant(s).

01 - 716.6 - CRIMINAL MISCHIEF 5TH DEGREE

02 - 708.2A(2)(a) - DOMESTIC ABUSE ASSAULT- 1ST OFFENSE

The defendant has entered a plea of not guilty.

Non Jury Trial is scheduled on 09/22/2015 at 11:00 AM at the Sac Co. Courthouse, 100 NW State
St., Sac City, Iowa.
NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirts
with inappropriate printing or clothing that is overly dirty or ragged.
The defendant's bond remains as set.

The court has provided a copy of this order to the defendant.

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E-FILED 2015 AUG 28 2:19 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012906
Type:

Case Title
STATE VS JEFFERY SCOTT KINGERY
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-08-28 14:19:09

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E-FILED 2015 SEP 21 1:31 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. SMCR012906

Plaintiff,

v.

MOTION FOR CONTINUANCE

JEFFREY SCOTT KINGERY,

Defendant.
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben Smith,
and states the following in support of its Motion for Continuance:
1. That the trial on the matter is scheduled for tomorrow.
2. That the State just learned that its witness, Sheriff McClure, is out of town
and will not be back until next week.
3. That for the foregoing reason, the matter should be continued.
WHEREFORE, for the reasons stated above, the State respectfully requests
that the Court grant the States Motion for Continuance and order such other relief
the Court deems just and equitable in the premises.

STATE OF IOWA

_________________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org

E-FILED 2015 SEP 21 9:11 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff

02811 SMCR012906

VS
JEFFREY SCOTT KINGERY

ORDER

Defendant

The motin to continue is sustained. The defendant shall be advised ASAP.

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E-FILED 2015 SEP 21 9:11 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012906
Type:

Case Title
STATE VS JEFFERY SCOTT KINGERY
OTHER ORDER
So Ordered

Electronically signed on 2015-09-21 21:11:09

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E-FILED 2015 NOV 23 3:45 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff(s),

Case No: 02811 SMCR012906

vs

Order Setting Trial

JEFFREY SCOTT KINGERY ,

Defendant(s).

01 - 716.6(2) - CRIMINAL MISCHIEF 5TH DEGREE

02 - 708.2A(2)(a) - DOMESTIC ABUSE ASSAULT- 1ST OFFENSE

The defendant has entered a plea of not guilty.

Non Jury Trial is scheduled on 12/29/2015 at 09:30 AM at the Sac Co. Courthouse, 100 NW State
St., Sac City, Iowa.
NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirts
with inappropriate printing or clothing that is overly dirty or ragged.

The court has provided a copy of this order to the defendant.

1 of 2

E-FILED 2015 NOV 23 3:45 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012906
Type:

Case Title
STATE VS JEFFERY SCOTT KINGERY
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-11-23 15:44:51

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E-FILED 2016 JAN 11 4:16 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

(Magistrate Division)
STATE OF IOWA,

No. SMCR012906

Plaintiff,
v.

ORDER GRANTING DISMISSAL

JEFFREY SCOTT KINGERY,

Defendant.
This matter came before the Court on the States request for the complaint
to be dismissed pursuant to Rule 2.33. The Court, upon reviewing the record and
being advised in the premises, FINDS the State informed the Court of the
following:
1.

That the purported victims have asked that the instant charges be

dismissed.
2.

That after examining the records and taking all things into

consideration, the State declines to prosecute this case at this time because the
interests of justice and judicial economy are best served by dismissal of the
complaint.
IT IS THEREFORE ORDERED that the complaint shall be and is
dismissed with costs to the Defendant.
IT IS FURTHER ORDERED that court costs in the amount of $60.00 and
costs associated with the execution of the arrest warrant in the amount of $40.04
are assessed to defendant. Said costs become past due if not paid within thirty
(30) days of this Order.

E-FILED 2016 JAN 11 4:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

DISMISSED PER COURT

Case Number
SMCR012906

Case Title
STATE VS JEFFERY SCOTT KINGERY
So Ordered

Electronically signed on 2016-01-11 16:16:58

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