E-FILED 2014 FEB 11 4:51 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012499 vs. JAMES VERLYN FERTIG , Defendant. INITIAL APPEARANCE

Charges: 01 - 708A.5 - THREAT OF TERRORISM (FELD) 02 - 724.26(1) - DOMINION/CONTROL OF FIREARM/OFFENSIVE WEAPON BY FELON 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 D: 2 counts 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 5 X 2 Years Prison And/Or $fine of not less than $750 nor greater than $7,500 plus 35%urcharge and costs X2

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E-FILED 2014 FEB 11 4:51 PM 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: Based on the nature of the charges, the court finds at this point that the defendant should be held without bond for the protection of law enforcement personnel and others. Defendant is to fill out a court appointment application and the court will appoint Charles Schulte to represent him. The court will confer with the sheriff and the county attorney on February 12, 2014 to gain their perspective on whether defendant should be released and the conditions that should be attached to any such release. In the meantime defendant shall consider what assurances he can give the court that he will not further offend if released and that the safety of himself and others will not be compromised by such 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 02/24/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU 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

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E-FILED 2014 FEB 11 4:51 PM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

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E-FILED 2014 FEB 11 4:51 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012499 Type: Case Title STATE VS JAMES VERLYN FERTIG HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2014-02-11 16:52:36

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DISTRICT COUKI' OF IOWA SAC COUNIY FILED

2 0 1^ F E B1 2 A M 8:29
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, vs. Sac V Criminal COUNTY Civil

No. FECKO WW\

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL ^

^ V A i v v e ^ Mevlvjn fW-riot
Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: A ^ M - l V \/gVlv]r\ f ^ Z - f j Oj Birth Date: OS>~ Q 5 ~ 1 \ 4 E-mail: U M . V ^ W Apt# ^ Yes, Full Time . per hour month year Yes, Part Time (List Hours/week: City f rT State 6 ( 4 ^ Zip 0

Home Phone: " 7 / 2 ' 1 ^ 0 ~ fffi 7 2 Cell Phone: Street Address: 3 \ 2 * \ &~j'0^

Street/P.O.Box Pending charges: Do you have ajob? M*No Job Who do you work for?

In Jail? Yes No ) '^

o i l

&-\lVc{

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

How much money have you made in the last 12 monthsfromany source, before taxes or deductions?^ 12^74*"/. Q O How many family members are supported by or live with you? Q per hour month year .

If a spouse lives with you, how much money does your spouse make? 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: 2-0 qCN"-. Q-f~ \(to\3 , L/h-eA| ^iO 1003, V\(k*

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 02-1h 20ty

Signature
Rev. 1/6/12

E-FILED 2014 FEB 12 9:40 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. JAMES VERLYN FERTIG , DEFENDANT. 02811 FECR012499 ORDER RE: APPLICATION FOR APPOINTMENT OF 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 at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

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E-FILED 2014 FEB 12 9:40 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012499 Type: Case Title STATE VS JAMES VERLYN FERTIG ORDER APPOINTING So Ordered

Electronically signed on 2014-02-12 09:41:53

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E-FILED 2014 FEB 12 10:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ORDER JAMES VERLYN FERTIG , Defendant. 02811 FECR012499

Defendant comes before the court for bond review. After discussion with the defendant and the sheriff it was agreed that the defendant should be released on the following conditions: (1) He shall obey all laws of Iowa and the U.S.; (2) He shall not consume any alcohol or illegal drugs; and (3) He shall attend a minimum of two AA meetings per week and provide the clerk of court with proof on a weekly basis.

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E-FILED 2014 FEB 12 10:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012499 Type: Case Title STATE VS JAMES VERLYN FERTIG OTHER ORDER So Ordered

Electronically signed on 2014-02-12 10:28:41

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E-FILED 2014 FEB 13 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 4:07 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, PLAINTIFF Vs. JAMES VERLYN FERTIG DEFENDANT

) ) ) Crim No.FECR012499 ) ) Appearance and Waiver of ) Preliminary Hear ) ) )

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

E-FILED 2014 FEB 26 4:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JAMES VERLYN FERTIG, DOB: 03/05/1940 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, James Verlyn Fertig of the crime of THREAT OF TERRORISM, a Class D Felony in violation of Iowa Code Sections 708A.5 and 708A.1 committed as follows: The said Defendant, James Verlyn Fertig, on or about February 8, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully threaten to commit terrorism or threaten to cause terrorism to be committed, causing a reasonable expectation or fear of the imminent commission of such an act. COUNT II COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses Defendant, James Verlyn Fertig of the crime of FELON IN POSSESSION OF FIREARM OR OFFENSIVE WEAPON, a Class D Felony in violation of Iowa Code Section 724.26 committed as follows: The said Defendant, James Verlyn Fertig, on or about February 10, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully, being a convicted felon, knowingly have under his dominion and control, receive, transport or cause to be transported, a firearm or offensive weapon, to-wit: Five guns and ammunition for said guns, at his residence at 3129 340th Street Lake View. A TRUE INFORMATION

CRIMINAL CAUSE NO. FECR012499

TRIAL INFORMATION

/s/Benjamin John Smith

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2014 FEB 26 4:09 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. JAMES VERLYN FERTIG Criminal No. FECR012499 COUNT I: Threat of Terrorism COUNT II: Felon in Possession of Firearm or Offensive Weapon

NAMES OF WITNESSES:
KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT SCOTT BROUWER, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFFS DEPARTMENT LINDA WIRTJES, 911 DISPATCHER, SAC COUNTY E911 LAURA FELDHANS, 911 DISPATCHER, SAC COUNTY E911

E-FILED 2014 FEB 26 4:09 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012499 Approval of Trial Information Case Title STATE VS JAMES VERLYN FERTIG

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 2014-02-26 16:09:33

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E-FILED 2014 FEB 26 4:09 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs JAMES VERLYN FERTIG ,

Case No: 02811 FECR012499 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is scheduled on 03/19/2014 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 such hearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show cause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to: County Attorney Defendant/Defense Attorney

E-FILED 2014 FEB 26 4:09 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012499 ORDER FOR ARRAIGNMENT Case Title STATE VS JAMES VERLYN FERTIG So Ordered

Electronically signed on 2014-02-26 16:09:34

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