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2 — Saturday, Nov. 23, 2019 oELWEIN daILy rEGIStEr Marty Fitzpatrick 400 Woodland Dr., Hazleton, IA 50641 319-636-2747 • 800-622-0077 [email protected] • www.fitzpatrickwater.com ASK THE EXPERT Q: When I run hot water the water has a sulfur like smell, what is causing this? A: If it’s just on the hot side, it’s most likely the adenoid rod in the hot water heater. Adenoid rods can start to break down over time and give you a sulfur smell. You can replace the adenoid rod with a magnesium rod and that should solve the problem. If you have a sulfur smell on both the hot and the cold side, that means you have naturally occurring sulfur-bearing water, which can be treated. If you would like some professional help with this issue, please feel free to give us a call. Submit death notices and obituaries to [email protected] Call the editor at 319-284-9263 regarding records published on this page. R ECORDS Jan. 12, 1925 — Nov. 20, 2019 DELHI — William John “Bill” Britt, 94, of Manches- ter and formerly of Earlville and Delhi, passed away on Tuesday, Nov. 20, 2019. He was born on Jan. 12, 1925, at the family farm south of Delhi, to John J. and Eunice (Bersley) Britt. Bill graduated from Buck Creek High School in 1942. Marriage: to Mary Ann Schemmel (d. 2014) on June 6, 1953. Survivors: 5 children, Tim, Connie, Jeff, Jill, and Dan, their spouses, 10 grandchildren, 5 great-grandchil- dren, and a sister, Mary Ann. Mass of Christian Burial: 10:30 a.m. Saturday, Nov. 30, at St. John Catholic Church in Delhi, with Rev. John Kremer officiating. Visitation: 4-7 p.m., on Friday, Nov. 29, at St. John Catholic Church in Delhi, where there will be a 4 p.m. Scripture Service. Friends may also call one hour before Mass at the church on Saturday. Interment with Military Rites: St. John Catholic Cemetery, Delhi. Online condolences may be sent to www.leonard-mul- lerfh.com. William John “Bill” Britt April 27, 1929 — Nov. 21, 2019 EDGEWOOD — Margaret Lou Faust, 90, of Edge- wood, died Thursday, Nov. 21, 2019, at the Edgewood Convalescent Home. She was born April 27, 1929, in Monticello, to Fritz, Sr. and Ethel (Winch) Marugg. Marriage: to Loren Faust, March 26, 1955 at Monticello (d. 1988). Survivors: 4 children, Kenneth, Paul, Karen, Larry, 9 grandchildren, 13 great-grandchildren, 2 sisters, nieces and nephews. Funeral service: 11 a.m. Monday, Nov. 25, Trinity Methodist Church, Edgewood, with Pastor Mike Jack- son officiating. Interment: Dubuque Memorial Gardens. Visitation: 3-7 p.m. Sunday, Nov. 24, Leonard-Muller Fu- neral Home, Edgewood, and after 10 a.m. at the church. Online condolences may be sent to www.leonard-mul- lerfh.com. Margaret L. Faust OBITUARIES COURTESY PHOTO As a way to promote a Happy Thanksgiving, these seven lucky bingo players attending Thursday night bingo at Hazleton received a turkey breast from the Hazleton Commercial Club. L to R: Goldie Iseton, John Crawford, Amanda Butterfield, Sandra Heins, Sharon Hinde, Carrie Tournier, and Peggy Clark. HAZLETON COMMERCIAL CLUB TURKEY GIVEAWAY with Iowa code section 622.62(1).” That section deals with how city ordinances are ad- mitted in the state’s courts. Leo’s attorney, Erich D. Priebe, had argued in a resistance to the city’s motion for reconsideration that the court was correct because of “the City’s own failure to assert any pertinent ordinances in this matter. To review, the Court dismissed the City’s cases because the City’s cited violations ... are sim- ply not present in the City Code ... The City acknowl- edges that the ordinances upon which it initially based suit were ‘amended’ and ‘remove[d]’ from the Oelwein City Code.” PROPERTY Continued from 1 of grain entrapment, the more we realized how passionate the communities of agricul- ture and fire rescue are about farm safety. “We never could have produced this film without the help of incredible part- ners behind the scenes who support farm safety in ways big and small. It is thanks to them that our low-budget independent film is having a tremendous impact,” Bur- nette concluded. Film Partners A number of companies and organizations helped make SILO a reality. • Sukup Manufactur- ing Company – “Safety is ingrained at Sukup,” and this incredible family-run business helped build all of the grain bin sets in Mason City. • Bardstown Fire Depart- ment – The Bardstown Fire Department in Kentucky gen- erously provided the use of a fire truck, and some of their firefighters acted as extras in the film. • Clear Lake Fire Depart- ment – The Clear Lake Fire Department in Iowa had three of its volunteer firefighters serve as actors in the film. They were rescuers inside of the grain bin. • New Hope Volunteer Fire Department – The New Hope Fire Department in Kentucky provided a vintage fire truck, and five of their volunteer firefighters acted as extras in the film. • Turtle Plastics – Turtle Plastics invested in the film and donated three of its grain tubes to local fire departments and farms on-set in Kentucky. • Kentucky Department of Agriculture – The Kentucky Department of Agriculture acted as the main point of contact for all of the fire res- cue scenes in the movie. By the numbers According to a 2018 summary of U.S. agricultural confined space-related inju- ries and fatalities: • Suffocation from engulf- ment is a leading cause of death in grain bin accidents • It takes only seconds to be completely engulfed in flowing grain or overcome by oxygen-deficient atmospheres • Thirty documented grain entrapments resulted in 15 deaths (50% fatality rate) in 2018, a 30 percent increase from 2017 when 23 were recorded • In 2018, the state with the most documented grain entrapments, was Iowa with five cases total, followed by Kansas and Wisconsin, each with three • The majority of grain entrapment cases – 83 percent – occurred in the Midwest • Grain entrapments ac- counted for 49 percent of the documented cases of entrap- ments in confined spaces Upcoming Showings in Iowa • Pella Community Schools, Pella, Iowa, Thurs- day, Dec. 5, 2019, 7-8 p.m. • Iowa Power Farming Show, Iowa Events Center, Des Moines, Tuesday, Jan. 28, 5:30-6:30 p.m. • Feed & Grain Live 2020, Altoona, Wednesday, Feb. 5. For more information, go to www.silothefilm.com. SILO Continued from 1 By MARGERY A. BECK Associated Press An Iowa law allowing people to use lethal force to defend themselves doesn’t apply to defendants who engaged in criminal activity prior to the perceived threat, the state Supreme Court ruled Friday. The ruling reverses an Iowa Court of Appeals’ order in May issuing a new trial to Miguel Angel Lorenzo Balta- zar, 21, of Des Moines. He is serving life in prison for the July 2017 shooting death of 23-year-old Jeffrey Mercado. Baltazar maintains he feared Mercado had a weapon and was acting in self-defense under the state’s stand-your- ground law. The Court of Appeals faulted Baltazar’s trial court for giving a faulty jury instruction in his case that did not abide by the state’s new stand-your-ground law, which was enacted 27 days before the killing. But the state Supreme Court cited the law’s language that “a person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force.” That implies, the high court wrote, that those en- gaged in illegal activity have a duty to retreat before using deadly force. In Baltazar’s case, he was illegally carrying a gun without a license to carry, the court said. Baltazar had argued he did not get a fair trial because of the faulty jury instruction, in which jurors were told he could not be found to have act- ed in self-defense if they found that “an alternative course of action was available to the defendant.” Baltazar also argued his public defender was ineffective for failing to object to the faulty instruction. The Supreme Court reject- ed both arguments, noting that Baltazar must be able to show that the outcome of his trial likely would have been different if the jury had been given the proper instruction. The court noted that pros- ecutors proved Baltazar took a handgun and went looking for Mercado to confront him and shot Mercado twice from behind as Mercado was running away. Baltazar then ran from police and hid in a drainpipe before he was found and arrested. “Evidence of Baltazar’s guilt was overwhelming, disproving any theory of his justification,” Justice Susan Christensen wrote for the court. “Given this over- whelming evidence, there is no reasonable probability that the result of Baltazar’s trial would have been different.” The Iowa Attorney Gen- eral’s Office lauded Friday’s ruling, saying in a written statement it “protects the community and upholds the Legislature’s judgment that trespassers and lawbreakers should not be allowed to stand their ground.” The State Public Defenders Office, which represented Baltazar, did not immedi- ately respond to requests for comment. Iowa Supreme Court says stand- your-ground law has limits CEDAR RAPIDS (AP) — Iowa’s farmer-dominat- ed conservation districts are calling for a state ban on planting crops with- in 30 feet of streams to improve water quality, but the state’s top agricultural official opposes the idea. The Conservation Dis- tricts of Iowa isn’t the first group to push for a buffer law, but it’s the first time a group made up mainly of farmers and retired farmers has advocated for some- thing more stringent than voluntary action, according to the Gazette. “I think there’s a grow- ing realization what we’re doing isn’t getting us the results we need to have,” said Dennis Carney, a Ma- son City farmer and pres- ident of the Conservation Districts of Iowa. “Some rules might be in order.” The group, which in- cludes 500 elected soil and water conservation district members, voted at its annu- al conference in August on a resolution titled “Require Permanent Buffer Strips to Protect Streams.” The resolution passed with a supermajority. It calls for legislation similar to Minnesota’s buffer law, which requires buffer strips or comparable conserva- tion practices. Laura Krouse, an eastern Iowa farmer who serves on the Linn Soil and Water Conservation District, said taking buffer space out of corn production would come with a cost for farm- ers, but there are other ways to make money off the land. Hay, perennial crops and fruit or nut trees could be planted in the buffer strips, she said. The state and federal government also offer subsidies for perenni- al buffers. Iowa Agriculture Secretary Mike Naig said he opposes a buffer strip requirement. Naig said installing buffer strips is a good conservation prac- tice with a long history in Iowa, but he doesn’t want to mandate it. He also questioned whether the conservation district reflects the views of most Iowa farmers. “This calls for regula- tion, a requirement for buffers, and that’s not the approach we’re taking here,” Naig said. “It’s counter to our philosophy.” Some Iowa farmers back crop buffer law to protect water Missing woman found dead in Moline, boyfriend dead at hotel MOLINE, Ill. (AP) — Northwestern Illinois police say a woman missing for weeks has been found dead at the home she shared with her boyfriend, who later apparently killed himself at a hotel. Moline Police Chief Darren Gault says officers found 37-year-old Jordan Burroughs’ body Thursday in the garage of a home she had shared with 38-year-old Kyle L. Dykeman. He says the mother of two, whom rela- tives last heard from in late October, had been dead for some time. An autopsy was expected to be performed Friday. An arrest warrant was issued Thursday evening for Dykeman for first-degree murder and concealment of a homicidal death. Police had Dykeman under surveillance and asked Davenport, Iowa, police to arrest him at a hotel, but they found him dead in his room from an apparent suicide.
Transcript
Page 1: Iowa Supreme Court says stand- - Newz Group · 11/23/2019  · lawfully present before using force.” That implies, the high court wrote, that those en-gaged in illegal activity

2 — Saturday, Nov. 23, 2019 oELWEIN daILy rEGIStEr

Marty Fitzpatrick400 Woodland Dr., Hazleton, IA 50641 319-636-2747 • 800-622-0077

fi [email protected] • www.fi tzpatrickwater.com

ASK THE EXPERTQ: When I run hot water the water has a sulfur like smell, what is causing this?

A: If it’s just on the hot side, it’s most likely the adenoid rod in the hot water heater. Adenoid rods can start to break down over time and give you a sulfur smell. You can replace the adenoid rod with a magnesium rod and that should solve the problem. If you have a sulfur smell on both the hot and the cold side, that means you have naturally occurring sulfur-bearing water, which can be treated.If you would like some professional help with this issue, please feel free to give us a call.

Submit death notices and obituaries to [email protected] • Call the editor at 319-284-9263 regarding records published on this page.

R e c o R d s

Jan. 12, 1925 — Nov. 20, 2019

DELHI — William John “Bill” Britt, 94, of Manches-ter and formerly of Earlville and Delhi, passed away on Tuesday, Nov. 20, 2019. He was born on Jan. 12, 1925, at the family farm south of Delhi, to John J. and Eunice (Bersley) Britt. Bill graduated from Buck Creek High School in 1942.

Marriage: to Mary Ann Schemmel (d. 2014) on June 6, 1953. Survivors: 5 children, Tim, Connie, Jeff, Jill, and Dan, their spouses, 10 grandchildren, 5 great-grandchil-dren, and a sister, Mary Ann.

Mass of Christian Burial: 10:30 a.m. Saturday, Nov. 30, at St. John Catholic Church in Delhi, with Rev. John Kremer officiating. Visitation: 4-7 p.m., on Friday, Nov. 29, at St. John Catholic Church in Delhi, where there will be a 4 p.m. Scripture Service. Friends may also call one hour before Mass at the church on Saturday. Interment with Military Rites: St. John Catholic Cemetery, Delhi.

Online condolences may be sent to www.leonard-mul-lerfh.com.

William John “Bill” Britt

April 27, 1929 — Nov. 21, 2019

EDGEWOOD — Margaret Lou Faust, 90, of Edge-wood, died Thursday, Nov. 21, 2019, at the Edgewood Convalescent Home. She was born April 27, 1929, in Monticello, to Fritz, Sr. and Ethel (Winch) Marugg. Marriage: to Loren Faust, March 26, 1955 at Monticello (d. 1988). Survivors: 4 children, Kenneth, Paul, Karen, Larry, 9 grandchildren, 13 great-grandchildren, 2 sisters, nieces and nephews.

Funeral service: 11 a.m. Monday, Nov. 25, Trinity Methodist Church, Edgewood, with Pastor Mike Jack-son officiating. Interment: Dubuque Memorial Gardens. Visitation: 3-7 p.m. Sunday, Nov. 24, Leonard-Muller Fu-neral Home, Edgewood, and after 10 a.m. at the church.

Online condolences may be sent to www.leonard-mul-lerfh.com.

Margaret L. Faust

Obituaries

COURTESY PHOTO

As a way to promote a Happy Thanksgiving, these seven lucky bingo players attending Thursday night bingo at Hazleton received a turkey breast from the Hazleton Commercial Club. L to R: Goldie Iseton, John Crawford, Amanda Butterfield, Sandra Heins, Sharon Hinde, Carrie Tournier, and Peggy Clark.

HAZLETON COMMERCIAL CLUB TURKEY GIVEAWAY

with Iowa code section 622.62(1).”

That section deals with how city ordinances are ad-mitted in the state’s courts.

Leo’s attorney, Erich D. Priebe, had argued in a resistance to the city’s motion for reconsideration that the court was correct

because of “the City’s own failure to assert any pertinent ordinances in this matter. To review, the Court dismissed the City’s cases because the City’s cited violations ... are sim-ply not present in the City Code ... The City acknowl-edges that the ordinances upon which it initially based suit were ‘amended’ and ‘remove[d]’ from the Oelwein City Code.”

PROPERTY

Continued from 1

of grain entrapment, the more we realized how passionate the communities of agricul-ture and fire rescue are about farm safety.

“We never could have produced this film without the help of incredible part-ners behind the scenes who support farm safety in ways big and small. It is thanks to them that our low-budget independent film is having a tremendous impact,” Bur-nette concluded.

Film PartnersA number of companies

and organizations helped make SILO a reality.

• Sukup Manufactur-ing Company – “Safety is ingrained at Sukup,” and this

incredible family-run business helped build all of the grain bin sets in Mason City.

• Bardstown Fire Depart-ment – The Bardstown Fire Department in Kentucky gen-erously provided the use of a fire truck, and some of their firefighters acted as extras in the film.

• Clear Lake Fire Depart-ment – The Clear Lake Fire Department in Iowa had three of its volunteer firefighters serve as actors in the film. They were rescuers inside of the grain bin.

• New Hope Volunteer Fire Department – The New Hope Fire Department in Kentucky provided a vintage fire truck, and five of their volunteer firefighters acted as extras in the film.

• Turtle Plastics – Turtle Plastics invested in the film and donated three of its grain

tubes to local fire departments and farms on-set in Kentucky.

• Kentucky Department of Agriculture – The Kentucky Department of Agriculture acted as the main point of contact for all of the fire res-cue scenes in the movie.

By the numbersAccording to a 2018

summary of U.S. agricultural confined space-related inju-ries and fatalities:

• Suffocation from engulf-ment is a leading cause of death in grain bin accidents

• It takes only seconds to be completely engulfed in flowing grain or overcome by oxygen-deficient atmospheres

• Thirty documented grain entrapments resulted in 15 deaths (50% fatality rate) in 2018, a 30 percent increase from 2017 when 23 were recorded

• In 2018, the state with the most documented grain entrapments, was Iowa with five cases total, followed by Kansas and Wisconsin, each with three

• The majority of grain entrapment cases – 83 percent – occurred in the Midwest

• Grain entrapments ac-counted for 49 percent of the documented cases of entrap-ments in confined spaces

Upcoming Showings in Iowa

• Pella Community Schools, Pella, Iowa, Thurs-day, Dec. 5, 2019, 7-8 p.m.

• Iowa Power Farming Show, Iowa Events Center, Des Moines, Tuesday, Jan. 28, 5:30-6:30 p.m.

• Feed & Grain Live 2020, Altoona, Wednesday, Feb. 5.

For more information, go to www.silothefilm.com.

SILO Continued from 1

By MARGERY A. BECK Associated Press

An Iowa law allowing people to use lethal force to defend themselves doesn’t apply to defendants who engaged in criminal activity prior to the perceived threat, the state Supreme Court ruled Friday.

The ruling reverses an Iowa Court of Appeals’ order in May issuing a new trial to Miguel Angel Lorenzo Balta-zar, 21, of Des Moines. He is serving life in prison for the July 2017 shooting death of 23-year-old Jeffrey Mercado. Baltazar maintains he feared Mercado had a weapon and was acting in self-defense under the state’s stand-your-ground law.

The Court of Appeals faulted Baltazar’s trial court

for giving a faulty jury instruction in his case that did not abide by the state’s new stand-your-ground law, which was enacted 27 days before the killing.

But the state Supreme Court cited the law’s language that “a person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force.” That implies, the high court wrote, that those en-gaged in illegal activity have a duty to retreat before using deadly force.

In Baltazar’s case, he was illegally carrying a gun without a license to carry, the court said.

Baltazar had argued he did not get a fair trial because of the faulty jury instruction,

in which jurors were told he could not be found to have act-ed in self-defense if they found that “an alternative course of action was available to the defendant.” Baltazar also argued his public defender was ineffective for failing to object to the faulty instruction.

The Supreme Court reject-ed both arguments, noting that Baltazar must be able to show that the outcome of his trial likely would have been different if the jury had been given the proper instruction.

The court noted that pros-ecutors proved Baltazar took a handgun and went looking for Mercado to confront him and shot Mercado twice from behind as Mercado was running away. Baltazar then ran from police and hid in a drainpipe before he was found

and arrested.“Evidence of Baltazar’s

guilt was overwhelming, disproving any theory of his justification,” Justice Susan Christensen wrote for the court. “Given this over-whelming evidence, there is no reasonable probability that the result of Baltazar’s trial would have been different.”

The Iowa Attorney Gen-eral’s Office lauded Friday’s ruling, saying in a written statement it “protects the community and upholds the Legislature’s judgment that trespassers and lawbreakers should not be allowed to stand their ground.”

The State Public Defenders Office, which represented Baltazar, did not immedi-ately respond to requests for comment.

Iowa Supreme Court says stand-your-ground law has limits

CEDAR RAPIDS (AP) — Iowa’s farmer-dominat-ed conservation districts are calling for a state ban on planting crops with-in 30 feet of streams to improve water quality, but the state’s top agricultural official opposes the idea.

The Conservation Dis-tricts of Iowa isn’t the first group to push for a buffer law, but it’s the first time a group made up mainly of farmers and retired farmers has advocated for some-thing more stringent than voluntary action, according to the Gazette.

“I think there’s a grow-ing realization what we’re doing isn’t getting us the results we need to have,” said Dennis Carney, a Ma-son City farmer and pres-ident of the Conservation Districts of Iowa. “Some rules might be in order.”

The group, which in-cludes 500 elected soil and water conservation district members, voted at its annu-al conference in August on a resolution titled “Require Permanent Buffer Strips to Protect Streams.”

The resolution passed with a supermajority. It calls for legislation similar

to Minnesota’s buffer law, which requires buffer strips or comparable conserva-tion practices.

Laura Krouse, an eastern Iowa farmer who serves on the Linn Soil and Water Conservation District, said taking buffer space out of corn production would come with a cost for farm-ers, but there are other ways to make money off the land.

Hay, perennial crops and fruit or nut trees could be planted in the buffer strips, she said. The state and federal government also offer subsidies for perenni-al buffers.

Iowa Agriculture Secretary Mike Naig said he opposes a buffer strip requirement. Naig said installing buffer strips is a good conservation prac-tice with a long history in Iowa, but he doesn’t want to mandate it. He also questioned whether the conservation district reflects the views of most Iowa farmers.

“This calls for regula-tion, a requirement for buffers, and that’s not the approach we’re taking here,” Naig said. “It’s counter to our philosophy.”

Some Iowa farmers back crop buffer law to

protect water

Missing woman found dead in Moline, boyfriend dead at hotel

MOLINE, Ill. (AP) — Northwestern Illinois police say a woman missing for weeks has been found dead at the home she shared with her boyfriend, who later apparently killed himself at a hotel.

Moline Police Chief Darren Gault

says officers found 37-year-old Jordan Burroughs’ body Thursday in the garage of a home she had shared with 38-year-old Kyle L. Dykeman.

He says the mother of two, whom rela-tives last heard from in late October, had been dead for some time. An autopsy was expected to be performed Friday.

An arrest warrant was issued Thursday evening for Dykeman for first-degree murder and concealment of a homicidal death.

Police had Dykeman under surveillance and asked Davenport, Iowa, police to arrest him at a hotel, but they found him dead in his room from an apparent suicide.

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