012539 AGCR - Sac City Man Pleads Guilty to Simple Misdemeanor Disorderly Conduct

Complaint Item #: 14-0038STATE OF IOWA, COUNTY OF SAC

STATE OF IOWAVs.

Charles Wesley Paris

Before (Judge, Magistrate) _

Criminal Case No. _Defendant

Address 1316 Schaller Street Complaint

Sac City, Iowa 50583

Date of Birth 08-29-87 Aggravated Misdemeanor

The defendant is accused of the crime of Domestic Abuse Assault in violation of (Section 708.2A(2)(c) of the Code of

Iowa) or Ordinance No. __ of the City of __ , in that the defendant on the 2nd day of May ,2014, at the residence

of 1316 Schaller Street, Sac City in Sac County, did:

intentionally point a firearm at his cohabitating girlfriend and threw her on the ground causing bodily injury.

(State acts or omissions constituting offense) Dated (VIA" 2-) M ILj

Complainant

Statutory Reference 804.1 Code of Iowa Address .5CYDSTATE 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 Charles Wesley Paris the defendant committed the crime charged.

On Friday, May 2,2014, I was dispatched to the residence of 1316 Schaller for a report of a domestic assault. On the scene, I was metby Stephanie Bruns. She stated she had been assaulted by her cohabitating boyfriend Charles Paris, who had now locked himselfinside their residence. She stated they had been drinking alcohol and got into an argument so she walked away and then he pointed ahandgun at her poking her in the neck with the muzzle. Bruns admitted that she splashed beer in his face to defend herself and then hegrabbed her around the neck in a headlock and threw her on the ground causing injuries to her right hand and neck. She had swollenfingers on her right hand with abrasions on both sides. She also had marks on her neck. Paris came outside and admitted to causingthe injuries on Bruns. Paris was arrested and transported to the Sac County Law Enforcement where he was charged with domesticabuse assault and jailed. -'

Signature

Subscribed and sworn to before me by the slaid 4-C_~_C:....\_:"'.s"'_()____'_•.•..•.......____' , Complainant, onthe d- "-~day of M A'1 , 20 _,l._.

te, Clerk or ~otary P~Jj¢ in the State of Iowa---.--~.~-

Complaint and affidavit filed and probable cause found that the defendant committed the offense charged.

Magistrate

~,,'-'ll,c.._~~AT--ss»''''~

JENNIFER SCHRAMMCommission Numbel' 770001MY COMMISSIONr

OCTOBER6. 20

E-FILED 2014 MAY 03 1:56 AM SAC - CLERK OF DISTRICT COURT

Form 4.11: No Contact Order (Criminal Prosecution of Domestic Abuse Assault §708.2A or Misdemeanor Charge of Violating No Contact Order 664AiT). . - -••

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 C6TJNTY SHERIFF (law enforce

ment agency) at (712)-662i$7127

Case No.

Judge. (print or type name here)

County SAC State IOWA

NO CONTACT ORDER (Criminal Prosecution of Domestic Abuse

Assault § 708.2A or Misdemeanor Charge of Violating No Contact Order § 664A.7) ^ s

ISSUE DATE:

PROTECTED PARTY:

First ^5 Middle Last

Other Protected Persons:

_ 3

STATE OF IOWA V.

DEFENDANT: DEFENDANT Date of Birth

First

CAUTION:

Middle Last

If checked, FIREARMS WARNING for

Law Enforcement _

Address for Defendant (not shared address with Protected Party)

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.

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.

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

bhuSe Basis ^ finds there is probable cause tp believe that

h£a domestic abuse assault has occurred (§ 708.2A) or [ ] defendant has violated a prior no contact order or consent * \ agreement (§664A. 7)

and 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.

5 0 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 througtfany 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. ' ' fA^ " ' ; '4r l^ in the company.of a peace-officer to-retrieve d ^nckwork-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 Iowa 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). [Address of Law Enforcement Aqencvl, fCitvl. Iowa 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 664A5 (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.

[ ] 10. Bond is set at $

[ ] 11. If checked, defendant qualifies for court-appointed counsel, and attorney.: is appointed.

JUDGE. ; ^ / » _ JUDICIAL DISTRICT

n \ \ Defendant was personally served with a copy of this order by the court. 1S$-.„ 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 Iowa 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 ( ) If you are hearing-impaired, call Relay Iowa TTY at 1 -̂800-735-2942.

Effective date: December 2010

DISTRICT COURT OK IOWA SAC COUNTY

FILED

IN THE IOWA DISTRICT COURT FOR SAC COUNTY o n I l l l . u r t u n n

20(4 HflY -b An y- I U MAGISTRATE DIVISION

STATE OE IOWA,

Plaintiff

"VS.

MAGISTRATE NO.

INITIAL APPEARANCE

Defendant

On this ^'-V-Vs, day of \ \ \ , 20 V \ the Defendant herein appears before the undersigned Magistrate in and for Sac County, hating been charged with the crime of -ÛOre\yi<\y '{\Vte S *

W X l . weing a violation of Section^ ̂ 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, i f the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.

V _ , which is classified as:

.Felony-Class.

2. That he/she is charged with a violation of Sect ion}^ v

N / ^ Aggravated Misdemeanor Serious Misdemeanor

That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year Comity Jail

-£^—^ Years Prison And/Or $ „ Fine

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

fa) V _ You will be released from custody prior to trial on your own promise to appear at all further court proceedUngSjJtLy^njwilllnlly fail to appear before any court as required, you shall be guilty of a Class D felonjvs^ri»BS^mjsd§meanor; or - • (b) N y (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that yon will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: Q ^ V ^ - \ V~4^ ' s ^ | S v - . ' \ ' f g > ^

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 he filed by the County Attorney of this county.

efendan The Defendant is informed of his/her rights to a preliminary hearing and prehminary hearing is: Waived

_ Set for the day of , 20_, at A M . in the Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

i.If -a preliminary hearing date has been set, you shotdd 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 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. (Ef yon are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)

Copies to: County Attorney Defendant Sac County Sheriff

Complaint

STATE OF IOWA Vs.

Charles Wesley Paris

Item #: 14-0038 S T A T E OF IOWA, COUNTY OF S A C

Before (Judge, Magistrate),

9o a

Criminal Case No.

Defendant

Address 1316 Schaller Street

Sac City, Iowa 50583

Date of Birth 08-29-87

Complaint

Aggravated Misdemeanor

The defendant is accused of the crime of Domestic Abuse Assault in violation of (Section 708.2A(2)(c) of the Code of

Iowa) or Ordinance No. . of the City of. , in that the defendant on the 2^_ day of May , 2014, at the residence

of 1316 Schaller Street, Sac City in Sac County, did :

intentionally point a firearm at his cohabitating girlfriend and threw her on the ground causing bodily injury.

(State acts or omissions constituting offense)

Statutory Reference 804.1 Code of Iowa

Dated

Complainant

Address S o ^ ' P

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 Charles Wesley Paris the defendant committed the crime charged.

On Friday, May 2, 2014,1 was dispatched to the residence of 1316 Schaller for a report of a domestic assault. On the scene, I was met by Stephanie Bruns. She stated she had been assaulted by her cohabitating boyfriend Charles Paris, who had now locked himself inside their residence. She stated they had been drinking alcohol and got into an argument so she walked away and then he pointed a handgun at her poking her in the neck with the muzzle. Bruns admitted that she splashed beer in his face to defend herself and then he grabbed her around the neck in a headlock and threw her on the ground causing injuries to her right hand and neck. She had swollen fingers on her right hand with abrasions on both sides. She also had marks on her neck. Paris came outside and admitted to causing the injuries on Bruns. Paris was arrested and transported to the Sac County Law Enforcement where he was charged with domestic abuse assault and jailed.

Signature

Subscribed and sworn to before me by the said <E> \~*u-eoy cTo^cVô / -^ the 3 . * $ day of <^*M , 20

Complainant, on

£ 7 Magistta'te, Clerk or^No'tary Public in the State of Iowa

Complaint and affidavit filed and probable cause found that the defen

agistrate

JENNIFER SCHRAMM Commission Number 770007

MY COMMISSION EXPIRES OCTOBER 8.2QUL.

IN THE IOWA DISTRICT COURT FOR Sac

DISTRICT CGUri i" Or IUWA SAC COUNTY

FILED

W T V S PH 1=00

STATE OF IOWA or

Plaintiff/Petitioner,

Defendant/Respondent.

/•-^Criminal Civil

NO. AG-CR O)^ T3 </

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: Q/l U V ) CT P f l V f *V Birth Date: - <Z 9' "Z? ~7

Home Phone:

Street Address: j 3 \ j/

Cell Phone:-TU • J I Q - A E-mail:

5" o r ? ? Street/P.O.Box Apt# City State Zip

Pending charges: D ( > p t e . ? f i c A b l t S C A y S 0 t f f ~ f In Jail? r jYes^jSô

J

'am t,:

Do you have a job? • No Job ^f^Yes, Full Time • Yes, Part Time (List Hours/week:

Who do you work for? Q T~-X^

How much money do you currently make before taxes or deductions? ^ J Z ^ £ * vis per • hour Q-Tflonth • year

How much money have you made in the last 12 months from any source, before taxes or deductions? 2ffru • 0

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 • month • year

List all other money you, or anyone else living in your household, has coming in: f ^ l l V t. _

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

r anything «^ /3/q/ar <? f - ( ct>C

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 J - / j T / / y Signature r ^ Q ^ J j ^ ^ J - M - J c Z T

/ / Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. CHARLES WESLEY PARIS , DEFENDANT.

02811 AGCR012539

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 between 125%25 and 200%25 of the guidelines, not appointing wouldcause financial hardship. Attorney Charles Schulte, a contract attorney, is appointed. ATTORNEY SCHULTE'S PHONE NUMBER IS 712-662-4715 COPY PROVIDED TO DEFENDANT

1 of 2


State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-05-06 10:21:04

2 of 2



THE STATE OF IOWA, )

)

PLAINTIFF ) Crim No.AGR012539

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

CHARLES WESLEY PARIS )

)

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 FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CHARLES WESLEY PARIS , Defendant.

02811 AGCR012539

ORDER

The protected party has contacted the court and requested that the no contact order be dropped.The court denies that application at this early juncture. However the court does modify the order sothat the defendant may have limited contact both with the protected party and their son Garrett Brunsin a social situation so that the defendant may maintain a relationship with the child. During thosevisitation periods the defendant shall not use any alcohol or illegal drugs and shall commit no furtheracts of domestic abuse assault. No overnights shall occur at this time.

Copies of this order shall be mailed to the defendant at 1316 Schaller St in Sac City and to theprotected party at 109 S Main St in Lake View.

1 of 2


State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: OTHER ORDER

So Ordered


2 of 2


IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CHARLES WESLEY PARIS , Defendant.

02811 AGCR012539

ORDER

The protected party has contacted the court and requested that the no contact order be dropped.The court denies that application at this early juncture. However the court does modify the order sothat the defendant may have limited contact both with the protected party and their son Garrett Brunsin a social situation so that the defendant may maintain a relationship with the child. During thosevisitation periods the defendant shall not use any alcohol or illegal drugs and shall commit no furtheracts of domestic abuse assault. No overnights shall occur at this time.

Copies of this order shall be mailed to the defendant at 1316 Schaller St in Sac City and to theprotected party at 109 S Main St in Lake View.

1 of 2


State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: OTHER ORDER

So Ordered


2 of 2


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs CHARLES WESLEY PARIS , Defendant.

Case No: 02811 AGCR012539 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 isscheduled on 06/18/2014 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 suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney

E-FILED 2014 JUN 02 7:48 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARIS

So Ordered

Electronically signed on 2014-06-02 19:49:12 page 2 of 2


1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012539 Plaintiff, vs. TRIAL INFORMATION

CHARLES WESLEY PARIS,DOB: 08/29/1987 Defendant.

COUNT ICOMES 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, Charles Wesley Paris

of the crime of DOMESTIC ABUSE ASSAULT an Aggravated Misdemeanor in violation of Iowa

Code Sections 708.2A(1) and 708.2A(2)(c) committed as follows:

The said Defendant, Charles Wesley Paris, on or about May 2, 2014 in the County of

Sac and State of Iowa, did unlawfully and willfully commit domestic assault against his

cohabitating girlfriend, and did use or display a dangerous weapon while committing the assault,

to wit: On or about the 2nd day of May 2014, at 1316 Schaller Street, Sac City, Defendant did

intentionally point a firearm at his cohabitating girlfriend, Stephanie Bruns, and Defendant did

throw Ms. Bruns to the ground, causing bodily injury to Ms. Bruns.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]


mailto:[email protected]

2

THE STATE OF IOWA vs. CHARLES WESLEY PARISCriminal No. AGCR012539COUNT I: Domestic Abuse Assault

NAMES OF WITNESSES:

STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT

STEPHANIE LYNN BRUNS, OCCUPATION UNKNOWN



Type: Approval of Trial Information


On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered



IN THE IOWA DISRICT COURT FOR SAC COUNTY

s |ATD oF IOWA. ) CI{IMINAL NO AGCR0I2539l

Vs. ) WRITTFN ARRAIGI 'MI]NT.

CHARLES WESLL,Y PARIS ) PLEA OF NOT (JUILTY

Defendant )Date l'rial lnformation llled: 06i 02/20 I 4

coMES NOW the Defcndant in the above-captioned crir.r.rinal case and under oath states:

L I am represented by Attorney charles A. Scliultc, u'hose address and phone numbcr are

421 Main St. . PO Box 392. Sac Cit-v, IA. 50583: (712) 662-4715.

2. My current mailing and residence address and phone number are l3 16 Schaller St..

Sac City. IA 50583. M.v phone numbcr is: 712-210-2575. NIy date of birth is 08-29-

1987. I can read and understand the English language and have completed the follo$ing

level ofcducat ion: l2 Years.

,1. I have been advised by my attorney and understand that I have a right to arraignment

ir.r open Cour1. and I voluntarily waive that right, choosing instead to sign this Written

Arraignment and Plea of rr-ot Guilty. I understand that times for lurther proceedings

rvhich are computed fiom the date of anaignment will be computed tiom the date of

filing this Written Arraignncnt and Plea of Not (iuilty.

5. I have received a copy of the Trial Information r'vhich chargcs me u'ith the crimc of

COUNT I : DOMESTIC ABUSE ASSAULT in v iolat ion of Iowa Code Sect ion

708.2a(2Xc).

6. With regard to the namc by rvhich I am charged in thc l rial Information (either check

"a" or chcck ald completc "b" ) :

,/6y'u. tn" name on thc Trial lnlbrmation is ml true name. I have been advised

and undeistand that I am now precluded lioni objecting to thc Trial Infbrrnation upon the

ground that I am improperly named.

( )b. The name shorvt] on the l rial Information is r.rot m,v true name. My true

name is. I requcst that an entry bc made in the minutes shorving m1'truc name l have

been advised and undcrstand fi.rr1her proccedings u"ill be had against me by that nanle.

the Trial Information will be amended accordingly. and when the'frial Information is so

amcnded. I will bc precluded fiom obiecting upon thc grounds I anr improperly named.

7. I have been advised and understand that I ma'' plead guiltl', not guilty or formcr

conviction or acqr.rittal.

E-FILED 2014 JUN 17 10:21 AM SAC - CLERK OF DISTRICT COURT

8. For the purpose of tl.ris arraignment. I have had sulllcient time to discuss m-v casc with

my attorney. and I rvaive any further time in n'hich to enter a plea.

9. I plead NOT GUILTY to the charges in paragraph 5 above.

10. I have been advised and understand that I have a right under Rulc 2.33(2)(b) ofthe

Iov'tr Rules ofCriminal Procedure to a trial within ninety days/one year after the filing of

the Trial Information and (check either "a" or "b"):

r , . / - ,

1)Q. I demand speedy trial pursuant to ltule 2.3i(2)(b) and (c).

( ) b. I waive my right to a speedy trial pursuant to Rule 2.33(2)(b) and (c).

11. I request that a trial datc be set pursuant to Rule 8.1 ofthe 1ov'a Rules o./ Criminal

Procedure. My attorne)'and I will be available for trial on the following days: An1

Time.

Original to bc filed t'ith Clerk of CourtCopy provided to:County Attorney



IN THE IOWA D1SRICT COURT FOR SAC COUNTY

STATE OF IOWA. CRIMINAL NO AGCR012539

Vs. WRITTEN ARRAIGNMENT.

CHARLES WESLEY PARIS PLEA OF NOT GUILTY

Defendant Date Trial Information filed: 06/02/2014

COMES NOW the Defendant in the above-captioned criminal case and under oath states:

1. I am represented by Attorney Charles A. Scliulte, whose address and phone number are 421 Main St.. PO Box 392. Sac City. IA. 50583: (712) 662-4715.

2. My current mailing and residence address and phone number are 1316 Schaller St.. Sac City. IA 50583. My phone number is: 712-210-2575. My date of birth is 08-29-1987. I can read and understand the English language and have completed the following level of education: 12 Years.

4. I have been advised by my attorney and understand that I have a right to arraignment in open Court, and I voluntarily waive that right, choosing instead to sign this Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings w hich are computed from the date of arraignment will be computed from the dale of filing this Written Arraignment and Plea of Not Guilty.

5. I have received a copy ofthe Trial Information which charges me with the crime of COUNT I: DOMESTIC ABUSE ASSAULT in violation of lowa Code Section 708.2a(2)(c).

6. With regard to the name by which I am charged in the Trial Information (either check "a" or check and complete "b"):

(tyfa. The name on the Trial Information is my true name. I have been advised and understand that I am now precluded from objecting to the Trial Information upon the ground that I am improperly named.

( )b. The name shown on the Trial Information is not my true name. My true name is. I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings w ill be had against me by that name, the Trial Information will be amended accordingly, and when the Trial Information is so amended. 1 will be precluded from objecting upon the grounds I am improperly named.

7. I have been advised and understand that I may plead guilty, not guilty or former conviction or acquittal.


8. For the purpose of this arraignment. I have had sufficient time to discuss my case with my attorney, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY lo the charges in paragraph 5 above.

10. I have been advised and understand that 1 have a right under Rule 2.33(2)(b) ofthe lowa Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the Trial Infonnation and (check either "a" or "b"):

, 1 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(2)(b) and (c).

11. I request that a trial date be set pursuant to Rule 8.1 ofthe lowa Rules of Criminal Procedure. My attorney and 1 will be available for trial on the following days: Any Time.

Defendant / / Attorney tor Def endant

Original to be filed w ith Clerk of Court Copy provided to: County Attorney

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. CHARLES WESLEY PARIS , Defendant.

Case No: 02811 AGCR012539 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on June 17, 20104. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 08/06/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 08/26/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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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

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State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: ORDER SETTING TRIAL

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. CHARLES WESLEY PARIS , Defendant.

Case No: 02811 AGCR012539 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on June 17, 20104. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 08/06/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 08/26/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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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

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State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: ORDER SETTING TRIAL

So Ordered


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THE STATE OI- IOWA. )Ptaint i f f ) AGCR0I2539

)Vs. ) APPLICATION TO TERMINATE

) NO CONTACT ORDERCiTARLES WESLEY PARIS )Defendant

COMES NOW the defendant b1'his Attorne-v, Charles A. Schulte. and hereby

states as tbllon's:

I . On May 4'r'. 201 4, this Court entered a No Contact Order in this cause.

2. The Court modified the No Contact Ordcr on May 20. 2014. to providc that thepartics could have contact in social situations.

3. 'l 'here

have been no further dilficulties between the parties and both are attendingcounseling. l'hcy desire to reestablish their relationship

il, -fhc Sac County Attorr.rcy has no objection to tl.re termination of the No Contact

Ordcr at this time.

5. Attached is thc protected paftv's statement in suppoft ofthis requesl

WIIERIIFORB: The del-endant requests the Courl to terminate the No Contact

Order in this cause.

Rcspectfull-v subn.ritted.

/s/ Charles A. Schulte A f0007137

Schultc Larv Firm. L C421 Main St. , P.O. Box 392Sac Citv. IA 50583(t 12) 662-171 5Fax: (712) 662-4t184schul ar.v.4p!4ulgj n9!.tE1

E-FILED 2014 JUL 30 11:01 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 JUL 30 11:01 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA , Plaintiff(s), vs. CHARLES WESLEY PARIS , Defendant(s).

Case No: 02811 AGCR012539 Order Setting Hearing

The Court is in receipt of Motion to Lift No Contact Order and the same should be set for hearing. IT IS ORDERED that a Hearing is scheduled on 08/06/2014 at 9:30 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. Clerk to provide copy to victim.

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E-FILED 2014 JUL 30 4:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: ORDER SETTING HEARING

So Ordered


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E-FILED 2014 JUL 30 4:46 PM SAC - CLERK OF DISTRICT COURT


Order of Protection Case No. 02811 AGCR012539

This order can be verified during business hours with the SAC County Clerk of Court at:(712) 662-7791.

Judge Adria Kester

or anytime with the SAC County Sheriffs Office at: (712) 662-7791.

ISSUE DATE: 08/06/2014

PROTECTED PARTY: Stephanie Bruns Other Protected Persons:

STATE OF IOWA,

VS DEFENDANT: Defendant Date of Birth: 08/29/1987

CHARLES WESLEY PARIS

Caution: If checked, FIREARMS WARNINGFOR, Law Enforcement

Address for Defendant (not shared address withprotected party)

THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter, and the Defendant has been provided withreasonable notice and opportunity to be heard. Additional findings are set forth below. THE COURT HEREBY ORDERS: The previous order is hereby cancelled as of August 6, 2014. (see#1 below) This modified order expires on

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E-FILED 2014 AUG 06 10:05 AM SAC - CLERK OF DISTRICT COURT

Additional terms of this order are as set forth below._____________________________________________________________________________ WARNINGS TO DEFENDANT:This order shall be enforced, even without registration, by the courts of any state, the Districtof 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 firearmor ammunition (18 U.S.C. 922(g)(8)). Only the court can change this order._____________________________________________________________________________ On the 08/06/2014, this matter is before the court regarding the No Contact Order entered on . The court ORDERS as follows(check that appropriate option(s) below): (1) The order is hereby cancelled. (2) The order is modified as follows: The modification is effective immediately. upon service. To the extent not inconsistentherewith, the prior protective order shall also remain in force. (3) The court finds the defendant continues to pose a threat to the safety of the protectedparty(ies). THEREFORE the order is entered pursuant to the Iowa Code section is hereby extended. (4) The clerk of court shall reflect this change in status on the domestic abuse registry and shallnotify law enforcement regarding this order.

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 sections236.5(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 callthe ADA Coordinator at (641) 421-0990. If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

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State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: NO CONTACT ORDER LIFTED

So Ordered


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Order of Protection Case No. 02811 AGCR012539

This order can be verified during business hours with the SAC County Clerk of Court at:(712) 662-7791.

Judge Adria Kester

or anytime with the SAC County Sheriffs Office at: (712) 662-7791.

ISSUE DATE: 08/06/2014

PROTECTED PARTY: Stephanie Bruns Other Protected Persons:

STATE OF IOWA,

VS DEFENDANT: Defendant Date of Birth: 08/29/1987

CHARLES WESLEY PARIS

Caution: If checked, FIREARMS WARNINGFOR, Law Enforcement

Address for Defendant (not shared address withprotected party)

THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter, and the Defendant has been provided withreasonable notice and opportunity to be heard. Additional findings are set forth below. THE COURT HEREBY ORDERS: The previous order is hereby cancelled as of August 6, 2014. (see#1 below) This modified order expires on

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Additional terms of this order are as set forth below._____________________________________________________________________________ WARNINGS TO DEFENDANT:This order shall be enforced, even without registration, by the courts of any state, the Districtof 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 firearmor ammunition (18 U.S.C. 922(g)(8)). Only the court can change this order._____________________________________________________________________________ On the 08/06/2014, this matter is before the court regarding the No Contact Order entered on . The court ORDERS as follows(check that appropriate option(s) below): (1) The order is hereby cancelled. (2) The order is modified as follows: The modification is effective immediately. upon service. To the extent not inconsistentherewith, the prior protective order shall also remain in force. (3) The court finds the defendant continues to pose a threat to the safety of the protectedparty(ies). THEREFORE the order is entered pursuant to the Iowa Code section is hereby extended. (4) The clerk of court shall reflect this change in status on the domestic abuse registry and shallnotify law enforcement regarding this order.

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 sections236.5(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 callthe ADA Coordinator at (641) 421-0990. If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

2 of 3


State of Iowa CourtsCase Number Case TitleAGCR012539 STATE VS CHARLES WESLEY PARISType: NO CONTACT ORDER LIFTED

So Ordered


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STATE OF IOWA, Plaintiff, v. CHARLES WESLEY PARIS, Defendant.

Case No. AGCR012539

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On or around August 18, 2014, the parties conducted a Pretrial Conference as ordered or in anticipation of the same. The State appeared through Sac County Attorney Ben Smith. The defendant appeared through his attorney, Charles 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 State has agreed to amend the charge to Disorderly Conduct (IOWA CODE § 723.4), and Defendant has agreed to plead guilty to said amended charge. The purported victim in the case has since partially recanted statements made to law enforcement, and does not want Defendant prosecuted. The Defendant has agreed to be sentenced to time already served, and pay the minimum fine, court costs, and court appointed attorneys fees. The State further agreed that all weapons seized from Defendant should be returned to him after judgment has been entered. Defendant intends to submit a written guilty plea by September 8, 2014. 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: [email protected]



STATE OF IOWA, No. AGCR012539Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONCHARLES WESLEY PARIS,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I- Disorderly Conduct, a Simple Misdemeanor in violation of Iowa Code Section 723.4(1).

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substitutedand amended Trial Information.

Prosecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respectiveaddresses disclosed on the pleadings on August 21, 2104 by:

[ ] U.S. Mail [ ] Fax[ ] Hand Delivered [ ] Overnight Courier[ ] Certified Mail [x ] EDMS

Signature: /s/Norma Hecht

E-FILED 2014 AUG 21 3:15 PM SAC - CLERK OF DISTRICT COURT



STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012539 Plaintiff,

AMENDED TRIAL INFORMATION vs.

CHARLES WESLEY PARIS,DOB: 08/29/1987 Defendant.

COUNT ICOMES 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, Charles Wesley Paris

of the crime of DISORDERLY CONDUCT, a Simple Misdemeanor in violation of Iowa Code

Section 723.4(1) committed as follows:

The said Defendant, Charles Wesley Paris, on or about May 2, 2014, in the County of

Sac and State of Iowa, did unlawfully and willfully engage in fighting or violent behavior in a

public place or while in or near a lawful assembly of persons.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]



IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. CHARLES WESLEY PARIS, Defendant.

Case No. AGCR012539

ORDER

NOW, on this 22nd day of August, 2014, the Court is in receipt of the State’s

Request for Leave of Court to Amend Trial Information. The Request should be

granted.

IT IS THEREFORE ORDERED that the State’s Request is granted. The Trial

Information is amended to provide that Defendant is now charged with Disorderly

Conduct, a Simple Misdemeanor, in violation of Iowa Code Section 723.4(1).

Clerk to furnish copies to: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered




STATE OF IOWA,Plaintifl,

VS.

CHARLES WESLEY PARIS,DOB: 08/2911987

Defendant.

No. AGCR0l2539GUILTY PLEAAMENDED(Simple Misdemeanor)

COUNT I

I, the undersigned Defendant, have carefully read and fully understand the following:

I am charged with Domestic Abuse Assault, an Aggravated Misdemeanor, rr violation of IowaCode Section 708.2A(l) and 708.2A(2)(c). In conjunction with a Plea Agreement made with thcSac County Attomey whereby he will amend Count I to a charge of DISORDERLYCONDUCT, a Simple Misdemeanor, in violation of Iowa Code Section 723.4(l). I nowrequest that my plea ofnot guilty be changed to a Plea of Guilty to the amended charge.

The maximum punishment for a Simple Misdemeanor is imprisonment of not more than thirtydays in jail, and a fire ofnot more than $625.00 plus statutory surcharges, plus all court costsand all costs and fees incurred for legal assistance. There is a minimum fure of$65.00 which isinmediately due on the date of sentencing, unless a payment plan is approved by the courtwithin thkty days ofthe judgment entry. ln addition, ifthe charge is a violation of Iowa CodeChap te rs , 124 , 155A, 4538 , l 13 ,714 , 115A, ,716 , o r I owa Code Sec t i ons ,

' 719 .8 ,725 .1 ,

125.2 or 725.3, there is an additional surcharge of$125. I acknowledge that, the Court mayorder me to perform cornmunity service work if the Courl is of the opinion that comrnunityservice work will deter and discourage others liom similar criminal activity. (The rate atwhich community service shall be calculated against rny fine slnll be the federal mnimumwage.) ln addition, I rnay be required to pay correctional fees for incarceration andenrolhnent fees for probation. I am aware that, scntencing options may include deferral ofJudgment and Sentence, the grant ofprobation and the suspension ofthe sentence imposed.

I understand that, a criminal conviction, deferred judgrnent or deferred sentence rnay aflect mystatus under federal immigration laws.

If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(l). The right to a speedy and public trial bya juryof twelve people.(2). The right to have an attorney represent me at trial and, if the Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attomey to represent me.(3). At trial, I would be presumed innocent until such time, if ever; the State established mygui l t beyond a reasonable doubr.(4). At trial, a jury verdict of guilty would have to be unanimous.

B.

C.

D.


E.

F .

(5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forced totestifo, and ifI choose not to testi8/, the State may not comment on the fact ofmy failure totestiry and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testif .(6). At trial, the State would have to confront me with witnesses upon whose testimony itrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7). At trial, I would be entitled to present witnesses to testily on my behalf and tocompulsory process to secure those witnesses.

By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right totrial, and will be treated as if I had been tried and found guilty by ajury.

The Court, in determining whether there is a factual basis for this plea of guilty, may makesuch a determination by examining the Minutes of Testimony attached to the TrialInfonnation, by reviewing the investigative reports of larv enforcement agents who haveinvestigated the offense, or by asking me or counsel to recite and summarize the nraterial factsthat would be offered at trial.The Courl has the discretion to accept or reject any plea agreement made between the Stateand myselll The plea agreement is: The County Attomey will amend the charge toDisorderly Conduct. a Simple Misdemeanor. and I will plead guilty to the amended charge. Iwill be sentenced to time alreadv served in the Sac County Jail. with credit for time served of36 hours. I will pav a fine in the amou522.75. court apoointed attomev fees. and court costs: to be paid bv naying $50.00 ner

naid in full. As parl of the plea agreement. I understand that any weanons seized at the time ofarrest should be retumed to Defendant after Judgment has been entered.

This plea agreement includes that I will be responsible to pay court costs, pa;nnent of al.costs and fees incurred for legal assistance, victim restitution, coffection (ail) fee for any jai.time and all surcharges and mandatory punishments (see paragraph B) applicable to nly case.I now state to the Couft that I am, in fbct GUILTY and that no threats or promises have beenrnade to induce me to enter my plea of guilty. I have been informed that the elements ofthecrime are: A person engaged in fighting or violent behavior in a oublic place or rvhile inor near a lawful assemblv of Dersons.

I understand the nature ofthe charse asainst me.

This offense was committed by me in Sac County lowa by my doing the following: !!!!on or about the 2nn dav of Mav 2014 enqaqe in fiqhtins or violent behavior in a oublicplace or while in or near a lawful assemblv of persons, I hereby state that I submit thiswritten plea of guilty with full knowledge and waiver of my rights and I do so fieely andvoluntarily. No threats have been made against me to obtain this guilty plea. No promises ofleniency or favorable treatment have been made, except Ibr any plea bargain disclosed to theCourt at the trme of this guilty plea.


G. lfthe Court accepts my plea of guilty,I realize:(l). The Court will set a sentencing date not less than fifteen days after the date of its

acceptance of this guilty plea unless I waive this right. In order to contest this plea ofguilty. I

must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to

file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence

today.(2). Ifthe Court irnposes a sentenoe today, I will never be able to challenge this plea of guilty,

and I will be giving up my right to drectly appeal my guilty plea.

I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have

the Court address me personall,.

WAIVER OF MOTION IN ARREST OF JUDGMENTIfthe Court accepts rny plea of guilty, I wish to be sentenced now. I understand that:

L ln order to contest this plea of guilty, I must file a Motion in Arrest olJudgment no later

than 45 days afler a plea of guilty and no later than 5 days prior to pronouncement ofjudgment, and that the court will set a sentencing date not less than fifteen days after the

date of its acceptance of this guilty plea unless I waive this right, and the right to file a

Motion in Arrest of Judgment will be waived by having the court impose a sentence now.

2. By having the court impose my sentence now, I r.r'ill never bc able to challenge this plea of

guilty and I will be giving up rny right to directly appeal my guilty plea.

I hereby request the court sentence me now and I waive any time to which I may be entitled

for sentencing at a later date.

WAIVER OI 'RIGHT TO BE PRESENTI have been fully advised that I have a constitutional right to be present at my sentencurg

and present evidence in my own behall I understand that it is my choice to be present or not, and

that no one can exclude rne flom sentencing.With the above in mind, and frnther understanding that my decision whether to be present

or not is my own decision, I hereby knowingly and voluntarily waive the ri be present at my

sentencms Y (k^!* A/

STATE OF IOWA

SAC COLINTYSS

on this J2- *ay otState, personally appeared

2014 before me tlre undersigncd, a Notary Public in and

l - d , t cPar ' ,t S

known to be thc identical p..ron nutlti. infiThoiii,t.d-th. for"going inrtr*t"nt, ond

fbr saidto mcthat hc

Attomev for Defendant, Charles Schulte

executed thc sanle ofhis voluntary act and dccd.

tate oflowa


1


STATE OF IOWA, Plaintiff, v. CHARLES WESLEY PARIS, Defendant.

AGCR012539

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: August 25, 2014

CHARGE: Disorderly Conduct, a simple misdemeanor, as amended, in violation of Iowa Code § 723.4(1)

Defendant has filed a written guilty plea and a waiver of Defendant’s 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 Defendant’s 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 above-described crime and pursuant to Iowa Code Section 903.1.

2. Defendant is hereby sentenced as follows: a. Defendant shall pay financial obligations as follows:

(1) a fine in the sum of $65.00; (2) a 35% surcharge of $22.75; (3) court-appointed attorney fees as certified by Mr. Schulte; (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 today’s 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.


2

Defendant shall pay these financial obligations to the Clerk of Court

of this county or online at www.iowacourts.gov. Such financial obligations may be paid in monthly installments of at least $50.00 per month beginning on the 30th day of September, 2014, and continuing on the 30th day of each month thereafter until paid in full. If any installment is missed, in whole or in part, it may be considered a violation of this Order. In addition, if the installment payment becomes delinquent by 30 days or more, then, pursuant to Iowa Code Section 602.8107, this case shall be assigned to the Centralized Collection Unit of the Iowa Department of Revenue or its designee to collect the debts owed to the Clerk of Court. In the event this matter is assigned for collection, additional fees may be imposed pursuant to law; and

b. Defendant shall serve 24 hours in the county jail, with credit for time previously served. Mittimus on this sentence shall issue immediately and Defendant is discharged from further appearance requirements with regard to this sentence.

In compliance with Iowa Code Section 356.7, 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 Defendant’s 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.

3. The Court grants this sentence because it provides for Defendant’s 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 Defendant’s right of appeal. 5. Appeal Bond is set in the sum of $1,000.00, cash or surety. 6. Any cash bail posted by Defendant or on Defendant’s behalf by a third party that has acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations shall be applied toward Defendant’s financial obligations. All cash bail remaining, if any, after payment of Defendant’s financial


3

obligations and all cash bail posted by a third party that has not acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations is hereby exonerated and shall be returned to the person posting the cash bail. All non-cash bail bonds posted, if any, are hereby exonerated. Clerk Shall Furnish Copies To: County Attorney Defense Counsel County Sheriff



Type: OTHER ORDER


So Ordered




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012539 AGCR - Sac City Man Pleads Guilty to Simple Misdemeanor Disorderly Conduct

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