Tyrel Lynn Brouchous was charged with possession of a controlled substance (marijuana) for the third or subsequent offense, a class D felony. At his initial appearance, the court advised Brouchous of his rights and the maximum penalties. The court scheduled an arraignment and set bond. A trial information and witness list were filed, charging Brouchous with possession of marijuana and noting his two prior drug convictions. The court approved the trial information and set conditions for Brouchous' pre-trial release.
Original Description:
Original Title
Probation Violation Hearing Scheduled for Sac City Man Who Pleaded Guilty to Possesion and Driving While Barred
Tyrel Lynn Brouchous was charged with possession of a controlled substance (marijuana) for the third or subsequent offense, a class D felony. At his initial appearance, the court advised Brouchous of his rights and the maximum penalties. The court scheduled an arraignment and set bond. A trial information and witness list were filed, charging Brouchous with possession of marijuana and noting his two prior drug convictions. The court approved the trial information and set conditions for Brouchous' pre-trial release.
Tyrel Lynn Brouchous was charged with possession of a controlled substance (marijuana) for the third or subsequent offense, a class D felony. At his initial appearance, the court advised Brouchous of his rights and the maximum penalties. The court scheduled an arraignment and set bond. A trial information and witness list were filed, charging Brouchous with possession of marijuana and noting his two prior drug convictions. The court approved the trial information and set conditions for Brouchous' pre-trial release.
E-FILED 2013 JUL 01 2:49 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, Plaintiff,
vs.
TYREL LYNN BROUCHOUS , Defendant.
Case No: 02811 AGCR012346
INITIAL APPEARANCE POSSESSION OF A CONTROLLED SUBSTANCE
Charges: 01 - 124.401(5)C - POSS OF A CONTROLLED SUBSTANCE-MARIJUANA-3RD OR SUBSQ (AGMS)
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of Law. That he/she has the right to have an attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail 2 Years Prison And/Or $5000.00 You will lose your driver's license for a period of days.
1 of 3 E-FILED 2013 JUL 01 11:02 AM SAC - CLERK OF DISTRICT COURT 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: (1) You must not use any alcohol or illegal drugs during the pendency of this matter. (2) You must obey all laws of Iowa and the U.S. (3) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on at : AM at the .
If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.
Copies to: County Attorney The Court has provided a copy to the Defendant Defendant Sac County Sheriff 2 of 3 E-FILED 2013 JUL 01 11:02 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: HEARING FOR INITIAL APPEARANCE So Ordered Electronically signed on 2013-07-01 11:02:02 3 of 3 E-FILED 2013 JUL 01 11:02 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, DOB: 08-05-1991 Defendant. Case No. AGCR012346 TRIAL INFORMATION COUNT I COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses defendant, Tyrel Lynn Brouchous (defendant) of the crime of POSSESSION OF A CONTROLLED SUBSTANCE THIRD OFFENSE, a Class D Felony in violation of Iowa Code section 124.401(5), committed as follows: On or about July 1, 2013, the defendant knowingly or intentionally possessed marijuana, which is a controlled substance, and the defendant knew that the substance he possessed was marijuana, and defendant has one prior conviction for possession of marijuana, a controlled substance, and another prior conviction for possession of methamphetamine, also a controlled substance. (Sac County District Court Case Nos. AGCR012065, FECR012100) A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected] State of Iowa Courts Type: Approval of Trial Information Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered Electronically signed on 2013-07-31 11:43:04 page 2 of 2 E-FILED 2013 JUL 31 11:42 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Case No. AGCR012346
ATTACHMENT TO TRIAL INFORMATION: WITNESS LIST
TORY CUDABACK, Deputy, Sac County Sheriffs Office JOEL BURNS, Deputy, Sac County Sheriffs Office MARK HEINO, Marijuana Examiner, Carroll Police Department DONNA GERRY, Clerk of Court, Sac County Iowa District Court
E-FILED 2013 JUL 31 9:32 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,
VS.
TYREL LYNN BROUCHOUS, Defendant.
CRIMINAL NO. ACR!"#$%&
ORDER SETTIN ARRAINMENT AND BOND
T'e TRIAL INFORMATION and t'e MINUTES OF EVIDENCE in t'i( )atte* 'a+e ,een e-a)ined and f./nd t. 0.ntain (/ffi0ient e+iden0e, if /ne-1lained, t. 2a**ant a 0.n+i0ti.n in a t*ial ,3 4/*3, t'e*ef.*e, t'i( )atte* ('all ,e (et f.* A**ai5n)ent.
IT IS ORDERED, t'e Defendant ('all 1e*(.nall3 a11ea* f.* A**ai5n)ent at t'e Sa0 C./nt3 C./*t'./(e, Di(t*i0t C./*t*..), Sa0 Cit3, I.2a .n t'e 13 th da3 .f August 2013 at 9:00 a.m.. T'e Defendant i( ad+i(ed t'at fail/*e t. a11ea* 2ill *e(/lt in t'e i((/an0e .f an a**e(t 2a**ant.
IT IS FURTHER ORDERED, t'e Defendant6( ,.nd and 0.nditi.n( f.* *elea(e f*.) 0/(t.d3 in t'i( )atte* ('all ,e7 Defendant i( *elea(ed .n 1e*(.nal *e0.5ni8an0e. B.nd i( (et in t'e a)./nt .f 9::::::::::::::::. B.nd )a3 ,e /n(e0/*ed. B.nd )/(t ,e 0a(' .* (e0/*ed in t'e a)./nt .f t'e B.nd. "!; 0a(' )a3 ,e 1.(ted. Bond previously set shall continue. Cle*< .f C./*t ('all i((/e a (/)).n( f.* Defendant t. A11ea*. Cle*< .f C./*t ('all i((/e an a**e(t 2a**ant. Other Conditions of elease: !efendant shall o"ey all #ederal$ %tate$ and &ocal la's.
T'e Defendant ('all ,e .n 1*e=t*ial (/1e*+i(i.n t. t'e Se0.nd >/di0ial Di(t*i0t De1a*t)ent .f C.**e0ti.nal Se*+i0e(. Ot'e*7 ? @ Defendant i( O*de*ed t. i))ediatel3 .,tain a S/,(tan0e A,/(e E+al/ati.n and 1*.+ide it t. t'e C./*t. Fail/*e t. d. (. )a3 *e(/lt in t'e *e+.0ati.n .f Defendant6( P*e T*ial Relea(e.
E-FILED 2013 JUL 31 11:42 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2013-07-31 11:43:04 page 2 of 2 IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, 2D 13 AUG 13 AM 9: 2! PLAINTIFF NO VS. APPLICATION TO WAIVE ATTORNEY AND PROCEED (PRO SE) DEFENDANT In support of my application to waive attorney I state: 1. I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses. 2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me. 3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice. 4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney. Dated this Defendant IN THE IOWA DISTRICT COURT FOR Sac DiSTRtCr COUK'J UF |0W/. SAC COUNTY FILED 13 AH 9: 2j . COUNTY STATE OF IOWA or Plain tiffyPetitioner, vs. Defendant/Respondent. Criminal CivU No. 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: T ^ g l N M h V s b M. C ^0 (A 5 Birth Date: . Home Phone: Cell Phone: 1 1 0 $ 79 0 E-mail: Street Address: Street/P.O. Box Pending charges: j9 6f? 5 <?S'<7A/ O Apt # City SOLC. ^A- Wf i V Do you have a job? S No Job Yes, Full Time Yes, Part Time (List Hours/week: Who do you work for? State Zip In Jail? ^Yes [ / N O ) How much money do you currently make before taxes or deductions? per hour month year How much money have you made in the last 12 months from any source, before taxes or deductions? 0 How many family members are supported by or live with you? Q ; If a spouse lives with you, how much money does your spouse make? per hour month year List all other money you, or anyone else living in your household, has coming in: List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: . List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me. Date Signature / j K f f l ^ A ^ Rev. 1/6/12 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Case Ns. A!CR"#$%&'
ORDER FOR CONTINUANCE AND APPOINTIN! ATTORNEY Defendant(s A))ai*n+ent ,ill -e )es./ed0led t A0*0st $1, $"#%, at 23"" a.+. in t/e Sa. C0nt4 C0)t/0se, Sa. Cit4, I,a. Att)ne4 Pete) !lds+it/ is a55inted t )e5)esent Defendant. T/e Defendant and /is att)ne4 s/all a55ea) -ef)e t/e C0)t 0nless a W)itten A))ai*n+ent /as -een filed. If t/e Defendant fails t a55ea) -ef)e t/is C0)t as )de)ed, a ,a))ant +a4 iss0e f) /is a))est.
CLER6 TO FURNISH COPIES TO3
SAC COUNTY ATTORNEY
PETER !OLDS7ITH
E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2013-08-21 11:37:51 page 2 of 2 E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Case Ns. A!CR"#$%&'
ORDER FOR CONTINUANCE AND APPOINTIN! ATTORNEY Defendant(s A))ai*n+ent ,ill -e )es./ed0led t A0*0st $1, $"#%, at 23"" a.+. in t/e Sa. C0nt4 C0)t/0se, Sa. Cit4, I,a. Att)ne4 Pete) !lds+it/ is a55inted t )e5)esent Defendant. T/e Defendant and /is att)ne4 s/all a55ea) -ef)e t/e C0)t 0nless a W)itten A))ai*n+ent /as -een filed. If t/e Defendant fails t a55ea) -ef)e t/is C0)t as )de)ed, a ,a))ant +a4 iss0e f) /is a))est.
CLER6 TO FURNISH COPIES TO3
SAC COUNTY ATTORNEY
PETER !OLDS7ITH
E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2013-08-21 11:37:51 page 2 of 2 E-FILED 2013 AUG 21 11:37 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Case N. A!CR"#$%&'
ORDER RESCHEDULIN! ARRAI!N(ENT
It Is O)de)ed t*at t*e defendant+s a))ai,n-ent is )es.*ed/led t Se0te-1e) #", $"#%, .--en.in, at 23"" a.-. in t*e ./)t)- f t*e Sa. C/nt4 C/)t*/se, Sa. Cit4, I5a. If t*e defendant fails t a00ea) f) t*is *ea)in, a 5a))ant 5ill 1e iss/ed f) *is a))est.
CLER6 TO FURNISH COPIES TO3
Sa. C/nt4 Att)ne4 Defendant7s Att)ne4 Pete) !lds-it* E-FILED 2013 AUG 29 10:16 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2013-08-29 10:16:25 page 2 of 2 E-FILED 2013 AUG 29 10:16 AM SAC - CLERK OF DISTRICT COURT E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT E-FILED 2013 AUG 29 3:11 PM SAC - CLERK OF DISTRICT COURT 2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
TYREL LYNN BROUCHOUS ,
DEFENDANT.
Case No. 02811 AGCR012346
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 29, 2013.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant waives the right to speedy trial.
4. Defendant is represented by Peter Goldsmith.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m.
If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY 1 of 3 E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT PETER ANDREW GOLDSMITH DISTRICT COURT ADMINISTRATOR 2 of 3 E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2013-09-03 09:23:52 3 of 3 E-FILED 2013 SEP 03 9:23 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No: AGCR012346 Plaini!!,
"#$ ORDER SET DATE
TYREL LYNN BROUCHOUS, FOR PRETRIA% CONFERENCE D&!&n'an$
THE COURT FINDS T(ial in )& a*o"& +a,ion&' -a&( )a# *&&n #& !o( O+o*&( 2, 2013. )&(&!o(&, IT IS THE ORDER OF THIS COURT: 1$ P(&(ial +on!&(&n+& in )i# -a&( /n'&( I$R$C($P$ 10 1ill *& )&l' a 3:00 p.m. on )& 24th 'a2 o! September 2013, a )& Sa+ Co/n2 Co/()o/#&, Sa+ Ci2, Io1a, o +on#i'&(: a$ Po##i*ili2 o! #&l&-&n an' *$ 3a&(# o &4,&'i& )& (ial$ 2$ Ca#&# 1)i+) a(& 5oin5 o *& #&l&' i! a all ,o##i*l& a o( *&!o(& )& ,(&(ial #o )a )& (ial a##i5n-&n 1ill no *& +lo55&' 1i) +a#&# 1)i+) a(& no 5oin5 o *& (i&'$ 3$ D&!&n'an #)all ,&(#onall2 a,,&a($ 4$ I! )& P(&6T(ial Con!&(&n+& i-& 'o&# no 1o(7 !o( '&!&n#& +o/n#&l, +ona+ )& Co/n2 Ao(n&2 !o( ano)&( i-&$
E-FILED 2013 SEP 05 8:08 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR PRETRIAL CONFERENCE Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2013-09-05 08:08:06 page 2 of 2 E-FILED 2013 SEP 05 8:08 AM SAC - CLERK OF DISTRICT COURT Date: 09/18/2013 IN THE IOWA DISTRICT COURT FOR SAC COUNTY State of Iowa Plaintiff Vs. No. agcr012346 Tyrel Lynn Brouchous Defendant MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE OF TRIAL OR PROCEEDING COMES NOW the undersigned person, who states as follows: 1. Certain representatives of the news media want to use photographic equipment (__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding. 2. This filing is for all pre-trial motions, plea-taking, trial and sentencing. 3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods. 4. This notice of request(s) for expanded media coverage is filed at least 14 days in advance of the proceedings for which expanded media coverage is being requested or grounds for shorter notice are set out in an attached statement. 5. I sent a copy of this notice by ordinary mail directed to the last known address of all counsel of record, parties appearing without counsel, the district court administrator for this judicial district, and the judicial officer expected to preside at the trial or proceedings for which expanded media coverage has been requested, as follows: E-FILED 2013 SEP 18 4:35 PM SAC - CLERK OF DISTRICT COURT ATTORNEYS: PROSECUTOR: Sac County Attorney 701 Main Street Sac City, IA 50583 DEFENSE: Peter Goldsmith 500 Second St. Ida Grove, IA 51145 PARTIES APPEARING WITHOUT COUNSEL: DISTRICT COURT ADMINISTRATOR: Scott Hand PRESIDING JUDGE: CLERK OF COURT: Sac County, Iowa WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.
Jesse Helling Media Coordinator, Region 4 Third Judicial District of Iowa Address: Fort Dodge Messenger 713 Central Ave. Fort Dodge, IA 50501 Phone: (800)622-6613 Fax: (515)574-4529 E-FILED 2013 SEP 18 4:35 PM SAC - CLERK OF DISTRICT COURT 2RCR15
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
TYREL LYNN BROUCHOUS ,
DEFENDANT.
Case No. 02811 AGCR012346
O R D E R
The media coordinator has filed a Request for Expanded Media Coverage. If either the State or the Defendant has any objection to this request, they should file a document so indicating on or before October 1, 2013. If any objection is filed on or before October 1, 2013, the Court will schedule further proceedings to resolve the dispute. If no objection is filed on or before October 1, 2013, the pending Request for Expanded Media Coverage will be granted without further notice, order, or hearing. IT IS SO ORDERED.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER ANDREW GOLDSMITH MEDIA COORDINATOR 1 of 2 E-FILED 2013 SEP 23 9:55 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: OTHER ORDER So Ordered Electronically signed on 2013-09-23 09:54:22 2 of 2 E-FILED 2013 SEP 23 9:55 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Case Ns. A!CR"#$%&'
ORDER CONTINUIN! PRETRIAL CONFERENCE IT IS HEREBY ORDERED t(at t(e )*et*ial +nfe*en+e (eld Se)te,-e* $&, $"#%, s(all -e and is +ntin.ed t O+t-e* /, $"#%, at 01"" a.,., in t(e +.*t*, at t(e Sa+ C.nt2 C.*t(.se, Sa+ Cit2, I3a. If t(e defendant fails t a))ea* -ef*e t(is C.*t as *de*ed, a 3a**ant ,a2 iss.e f* (is a**est.
E-FILED 2013 SEP 27 12:02 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2013-09-27 12:02:37 page 2 of 2 E-FILED 2013 SEP 27 12:02 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYREL LYNN BROUCHOUS, Defendant. Case Ns. A!CR"#$%&'
ORDER SCHEDULIN! PRETRIAL CONFERENCE AND TRIAL IT IS HEREBY ORDERED t(at t(e P)et)ial Cnfe)en*e is )es*(ed+led t O*t,e) $#, $"#%, at #-%" ../., at t(e Sa* C+nt0 C+)t(+se, Sa* Cit0, I1a, and t(e T)ial is s*(ed+led f) De*e/,e) #2, $"#%, at 3-"" a./., als at t(e Sa* C+nt0 C+)t(+se. T(e defendant is HEREBY NOTIFIED if (e fails t a..ea) ,ef)e t(is C+)t as )de)ed, a 1a))ant /a0 iss+e f) (is a))est.
E-FILED 2013 OCT 08 11:02 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2013-10-08 11:02:02 page 2 of 2 E-FILED 2013 OCT 08 11:02 AM SAC - CLERK OF DISTRICT COURT 2RCR01 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
TYREL LYNN BROUCHOUS ,
DEFENDANT.
Case No. 02811 AGCR012346
O R D E R
This matter comes to the Court's attention for rescheduling of trial and pre-trial conference. IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014 at 11:30 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER ANDREW GOLDSMITH 1 of 2 E-FILED 2013 DEC 17 1:43 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: OTHER ORDER So Ordered Electronically signed on 2013-12-17 13:43:17 2 of 2 E-FILED 2013 DEC 17 1:43 PM SAC - CLERK OF DISTRICT COURT 2RCR01 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
TYREL LYNN BROUCHOUS ,
DEFENDANT.
Case No. 02811 AGCR012346
O R D E R
This matter comes to the Court's attention for rescheduling of trial and pre-trial conference. IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. IT IS FURTHER ORDERED that Pre-trial conference is scheduled for January 15, 2014 at 11:30 a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY PETER ANDREW GOLDSMITH 1 of 2 E-FILED 2013 DEC 17 1:43 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: OTHER ORDER So Ordered Electronically signed on 2013-12-17 13:43:17 2 of 2 E-FILED 2013 DEC 17 1:43 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 16 3:25 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 16 3:25 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No. AGCR012346 Plaintiff, REQUEST FOR LEAVE OF vs. COURT TO AMEND TRIAL INFORMATION TYREL LYNN BROUCHOUS, Defendant. COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial Information in the above entitled matter states to the Court: 1. The amendment will not materially change the issues nor work any hardship on the Defendant. 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: POSSESSION OF A SCHEDULE I CONTROLLED SUBSTANCE, MARIJUANA, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Section 124.401(5). 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 substituted and amended Trial Information. /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: [email protected] Copy to: PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on December 12, 2013 by: [ ] U.S. Mail [ ] Fax [ ] Hand Delivered [ x ] email [ ] Certified Mail [ ] EDMS Signature: /s/Norma Hecht E-FILED 2014 JAN 16 3:34 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012346 Plaintiff, AMENDED vs. TRIAL INFORMATION TYREL LYNN BROUCHOUS, DOB: 08/05/1991 Defendant. COUNT I COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses Defendant, Tyrel Lynn Brouchous of the crime of POSSESSION OF A SCHEDULE I CONTROLLED SUBSTANCE, MARIJUANA, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Section 124.401(5) committed as follows: The said Defendant, Tyrel Lynn Brouchous, on or about July 1, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a Schedule I Controlled Substance, to-wit: Marijuana, AND Defendant having been previously convicted of a drug related offense involving Methamphetamine, a Schedule II Controlled Substance. A TRUE INFORMATION /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: [email protected] E-FILED 2014 JAN 16 3:34 PM SAC - CLERK OF DISTRICT COURT IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff,
vs.
TYREL LYNN BROUCHOUS,
Defendant.
Case N. A!CR"#$%&'
ORDER
NOW, n t(is #) t( da* f +an,a-*, $"#&, t(e C,-t is in -e.ei/t f t(e State0s 1tin t A2end T-ial Inf-2atin and A2ended T-ial Inf-2atin. T(e 1tin t A2end s(,ld 3e 4-anted. IT IS THEREFORE ORDERED t(at t(e State0s 1tin t A2end T-ial Inf-2atin is 4-anted.
Cle-5 t f,-nis( ./ies t6 Sa. C,nt* Att-ne* Defense C,nsel
E-FILED 2014 JAN 17 8:59 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2014-01-17 08:59:03 page 2 of 2 E-FILED 2014 JAN 17 8:59 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
TYREL LYNN BROUCHOUS ,
Defendant.
02811 AGCR012346
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in this cause.
IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 02/05/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest being issued.
1 of 2 E-FILED 2014 JAN 17 9:28 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: OTHER ORDER So Ordered Electronically signed on 2014-01-17 09:29:19 2 of 2 E-FILED 2014 JAN 17 9:28 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 28 1:48 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 28 1:48 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 28 1:48 PM SAC - CLERK OF DISTRICT COURT THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, ) ) CRIM. NO. AGCR012346 Plai!i"", ) ) ORDER ACCEPTING P#EA $%. ) AND &UDGMENT ENTRY ) TYRE# #YNN 'ROUCHOUS, ) C(a)*+ , P-%%+%%i- -" Ma)i./aa, S+0-1 O""+%+, ) a A**)a$a!+1 Mi%1+2+a-), a% a2+1+1 ) S+0!i- , 124.40134), C-1+ D+"+1a!. )
COPIES TOD C-/!6 A!!-)+6 D+"+%+ C-/%+l Sa0 C-/!6 &ail Sa0 C-/!6 P)-7a!i- O""i0+ I-8a D.O.T. E-FILED 2014 JAN 29 11:33 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS So Ordered Electronically signed on 2014-01-29 11:33:02 page 3 of 3 E-FILED 2014 JAN 29 11:33 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TYRELL LYNN BROUCHOUS Defendant. CASE No. AGCR012346 STATES APPLICATION TO REVOKE DEFENDANTS PROBATION AND IMPOSE SENTENCE COMES NOW the State of Iowa and for its Application to Revoke Defendants Deferred Judgment and Impose Sentence states the following: 1. On or about January 28, 2014, in Sac County Case No. AGCR012346, defendant pleaded guilty to possession of a controlled substance second offense and was placed on probation for one year. 2. On February 3, 2014, defendant was charged with Driving While Barred, an Aggravated Misdemeanor - Sac County Case No. AGCR012500. 3. Additionally, defendant failed to report to the Sac County Probation Office following the Courts Judgment Entry made January 29, 2014. 4. By the very nature of defendants new charges, defendant has violated the terms and conditions of his probation. WHEREFORE, the State respectfully requests the Court set a hearing on this Application and revoke Defendants probation and, after the State establishes Defendants violations by a preponderance of the evidence, impose sentence pursuant to Iowa Rule of Criminal Procedure 2.24(3)(d). __________________________ 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] E-FILED 2014 MAY 28 10:29 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 FEB 11 2:46 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 28 10:29 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
TYREL LYNN BROUCHOUS ,
Defendant.
02811 AGCR012346
ORDER FOR ARREST WARRANT AND SETTING PROBATION REVOCATION HEARING
The State has filed an application alleging Defendant has violated the terms and conditions of Defendant's probation.
Based on the information presented, the Court finds that there is probable cause to believe Defendant has violated the terms and conditions of probation, that a warrant should be issued for the arrest of Defendant, and a probation revocation hearing should be set. IT IS, THEREFORE, ORDERED that a warrant for the arrest of Defendant shall be issued. Bail shall be set in the amount of $2,000.00, cash or surety. IT IS FURTHER ORDERED that a Revocation Hearing is scheduled on 07/02/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Defendant shall personally appear for the hearing.
Clerk to Send Copies to: County Attorney Defense Counsel Sheriff
1 of 2 E-FILED 2014 MAY 28 1:20 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: ORDER SETTING HEARING So Ordered Electronically signed on 2014-05-28 13:22:05 2 of 2 E-FILED 2014 MAY 28 1:20 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
TYREL LYNN BROUCHOUS ,
Defendant.
02811 AGCR012346
ORDER FOR ARREST WARRANT AND SETTING PROBATION REVOCATION HEARING
The State has filed an application alleging Defendant has violated the terms and conditions of Defendant's probation.
Based on the information presented, the Court finds that there is probable cause to believe Defendant has violated the terms and conditions of probation, that a warrant should be issued for the arrest of Defendant, and a probation revocation hearing should be set. IT IS, THEREFORE, ORDERED that a warrant for the arrest of Defendant shall be issued. Bail shall be set in the amount of $2,000.00, cash or surety. IT IS FURTHER ORDERED that a Revocation Hearing is scheduled on 07/02/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Defendant shall personally appear for the hearing.
Clerk to Send Copies to: County Attorney Defense Counsel Sheriff
1 of 2 E-FILED 2014 MAY 28 1:20 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title AGCR012346 STATE VS TYREL LYNN BROUCHOUS Type: ORDER SETTING HEARING So Ordered Electronically signed on 2014-05-28 13:22:05 2 of 2 E-FILED 2014 MAY 28 1:20 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 29 8:40 AM SAC - CLERK OF DISTRICT COURT CONTINENTAL HERITAGE insurance Company Continental Heritage Insurance Company 6140 Parkland Blvd., Ste 321 Cleveland, OH 44124 440.229.3420 FAX 440.229.3421 Mark W. Holtan A 1 Bail Bonds PO Box 12 Thor, IA 50591 Office 515-378-3286 Fax 515-576-3276 (PLACE BAIL AGENT'S ADDRESS STAMP HERE) I N T HE S AC COUNTY DIS TRICT COURT S AC CO U N T Y , ST AT E OF IOWA T HE ST AT E OF IOWA Plaintiff O i TO V S . Know Al l Men By These Presents: < } 3 2 I TO i />c 3>- No. A O C : Defendant That we, * rc2~l rs: co ro ?M5 as Principal, and Continental Heritage Insurance Company^ as Surety (Identified by attached Power of Attorney No. u u , , , u , u SAC COUNTY DISTRICT are held and firmly bound unto th in the sum of Uy Douna unto tne C o u r t , C i t y , C o u n t y , o r S t a t e Dollars ($ i . ^> O Q for the payment whereof well and truly to be made we bind ourselves, ourbeirs, executors, administrators, successors, and assigns, jointly and severally. "~S \ 1 \\ \ The condition of this obligation is such that if the said r ^ L . V / r ^ l ^ c K o K*j , Principal, shall S AC COUNTY DIS TRICT appear at thamext regular or special term ot the j k-Tsi i J-^t f k ^) Nam ? , lo f . Court and term tc to answer a charge of and shall appear from day to day and term to term of said court and not depart the jurisdiction of the Court without leave then this obligation shall be void, otherwise it shall remain in full force and effect. \ Signed and Sealed this Taken before and approved by me: Day of jy AP I ' S . Name Title CORPORATE' . ^ i ' ' if) SEAL I ' Principal CO N T I N E N T A L : HE RIT T AGE I N S CE COMPANY omo Attorney-ii MARK W. HOLTAN BAIL BONDS THIS BOND IS VOID IF WRITTEN FOR A N AMOUNT GREATER THAN THE POWER OF ATTORNEY ATTACHED HERETO, IF MORE THAN ONE SUCH POWER IS ATTACHED, OR IF WRITTEN AFTER THE EXPIRATION DATE SPECIFIED ON THE ATTACHED POWER OF ATTORNEY. Agency Name PO BOX 12 Address THOR, IA 50591 City, State, Zip Code CH 013 (10 05) Continental Heritage Insurance Co. POWER OF ATTORNEY POWER No. WC30-01111561 6140 Parkland Blvd., Ste 321 Mayfield Hts.. OH 44124 (440) 229-3420 (866) 489-6639 POWER AMOUNT 30,000.00 KNOW AL L ME N BY THESE PRESENTS that the Continental Heritage Insurance Company, a corporation duly organized and existing under the laws of the State of Florida and by the authority of the Resolution adopted by the Board of Directors by unanimous written consent on January 26, 1993, which said Resolution has not been amended or rescinded, does constitute and appoint and by these presents does make, constitute and appoint the named agent its true and lawful Attorney-in-Fact for it and in its name, place and stead, to execute, seal and deliver for and on its behalf and as its act and deed, as surety, a bail bond only. Authority of such Attorney-in-Fact is limited to appearance bonds and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitations, fines, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance. This Power-of-Attorney is for use with Bail Bonds only. Not valid if used in connection with Federal or Immigration Bonds. This power is void if altered or erased, void if used with other powers of this company or in combination with powers from any other surety company, and void if used to furnish bail in excess of the stated face amount of this power, and can only be used once. The obligation of the company shall not exceed the sum of: T HI R T Y T HO U S A N D D O L L A R S and provided this Power-of-Attomey is filed with the bond and retained as a part of the court records. The said Attorney-in-Fact is hereby authorized to insert in this Power-of-Attorney the name of the person on whose behalf this bond was given. IN WITNESS WHEREOF, THE CONTINENTAL HERITAGE INSURANCE COMPANY has caused these presents to be signed by it's duly authorized officers, proper for the purpose and its corporate seal to be hereunto affixed this ^ of ^ ^ 7 ^ U \ ^4 X I BLUE - ORIGINAL FOR COURT PINK - COPY FOR COMPANY By: By: FOR STATE USE ONLY NOT VALID IF ISSUED IN FEDERAL COURT VOID IF NOT ISSUED BY: David A. Can2onc. Chief Financial Officer 3/ 13/ 2015 YELLOW - COPY FOR AGENT WHITE - COPY FOR INDEMNITOR Form* CHI-01 (9/12) E-FILED 2014 JUN 02 10:37 AM SAC - CLERK OF DISTRICT COURT