AGCR012565

E-FILED 2014 JUN 11 1:33 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

RHONDA LEE MURR
GAVIEL V OCHOA
,
Defendant.

Case No: 02811 AGCR012565

INITIAL APPEARANCE

Charges:
01 - 708.2A(2)(c) - DOMESTIC ABUSE ASSAULT display OR USE WEAPON - 1ST OFFENSE

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 $Not less than $625 nor more than $6,250 plus 35% surcharge and court costs

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.

1 of 3
E-FILED 2014 JUN 11 4:18 PM SAC - CLERK OF DISTRICT 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:
You are not to have any contact with Graviel Ochoa nor he with you until further order of the court.
You shall not commit any further acts of domestic abuse assault.

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 06/30/2014 at 9:30 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
Sac County Sheriff
2 of 3
State of Iowa Courts
Case Number Case Title
AGCR012565 STATE VS RHONDA LEE MURR
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-06-11 16:18:20
3 of 3
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection Case No. 02811 AGCR012565

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

or anytime with the SAC County Sheriff's
Office at: (712) 662-7791 . NO CONTACT ORDER

ISSUE DATE: 06/11/2014

PROTECTED PARTY: Grariel Ochoa Other Protected Persons:

STATE OF IOWA,
VS
DEFENDANT: Defendant Date of Birth: 1-11-62

RHONDA LEE MURR
GAVIEL V OCHOA

Address for Defendant (not shared address with
protected party)
CAUTION: If checked, FIREARMS
WARNING for law enforcement

THE COURT HEREBY FINDS:
It has jurisdiction over the parties and subject matter, and the Defendant has been provided with
reasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:
1 of 4
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
(18U.S.C. 2262).

Federal law provides penalties for possessing, transporting shipping, or receiving any firearm
or ammunition (18 U.S.C. 922(g)(8)).

Only the court can change this order.

On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's
appearance, the court finds there is probable cause to believe that a violation of

Iowa Code section 708.2A Domestic Abuse Assualt has occurred.

the presence of the defendant in the alleged victim's residence poses a threat to the safety of the
alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate
family.

If checked, the court finds the defendant and protected party meet the definition of intimate
partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited with the person").
IF CHECKED, the court must check box 6, prohibiting the defendant from possessing
firearms.

Therefore, the court orders as follows:

1. Defendant shall not communicate with the protected party in person or through any means
including third persons. This restriction shall not prohibit communication through legal counsel.
2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the
protected party. Defendant shall stay away from the protected party and shall not be in that party's
presence except in a courtroom during court hearings.
3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest,
attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or
members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to
use physical force against the protected party that would reasonably be expected to cause bodily
injury.
4. If checked, defendant may enter the shared residence once in the company of a peace
officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the
law enforcement agency all devices that allow access or entry to the residence or outbuildings (for
2 of 4
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. If checked, the defendant shall not possess firearms while this order is in effect as a condition of
release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency)
on or before . The defendant is advised that the issuance of this protective order may also affect the
right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8).
7. This protective order is in effect immediately. The order may be extended prior to expiration or at
sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension).
8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may
occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release
defendant from restrictions contained in this order.
9. Except as specifically set out herein, this order shall not be construed as an award of personal or
real property to either the defendant or the protected party.
10. Bond is set at $
11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed.

Defendant was personally served with a copy of this order by the court.
The clerk of court shall provide copies of this order to the protected party, county attorney,
defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections
236.5(5) and 664A.4.
The SAC County Sheriff shall serve and return service of this order upon defendant.

NOTICE: If you have a disability and need assistance to participate in court proceedings, please call
the ADA Coordinator at (641) 421-0990.
If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

3 of 4
Type: NO CONTACT ORDER
So Ordered
4 of 4

Order of Protection Case No. 02811 AGCR012565

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

or anytime with the SAC County Sheriff's
Office at: (712) 662-7791 . NO CONTACT ORDER

ISSUE DATE: 06/11/2014

PROTECTED PARTY: Grariel Ochoa Other Protected Persons:

STATE OF IOWA,
VS
DEFENDANT: Defendant Date of Birth: 1-11-62

RHONDA LEE MURR
GAVIEL V OCHOA

Address for Defendant (not shared address with
protected party)
CAUTION: If checked, FIREARMS
WARNING for law enforcement

THE COURT HEREBY FINDS:
It has jurisdiction over the parties and subject matter, and the Defendant has been provided with
reasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:
1 of 4
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
(18U.S.C. 2262).

Federal law provides penalties for possessing, transporting shipping, or receiving any firearm
or ammunition (18 U.S.C. 922(g)(8)).

Only the court can change this order.

On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's
appearance, the court finds there is probable cause to believe that a violation of

Iowa Code section 708.2A Domestic Abuse Assualt has occurred.

the presence of the defendant in the alleged victim's residence poses a threat to the safety of the
alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate
family.

If checked, the court finds the defendant and protected party meet the definition of intimate
partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited with the person").
IF CHECKED, the court must check box 6, prohibiting the defendant from possessing
firearms.

Therefore, the court orders as follows:

1. Defendant shall not communicate with the protected party in person or through any means
including third persons. This restriction shall not prohibit communication through legal counsel.
2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the
protected party. Defendant shall stay away from the protected party and shall not be in that party's
presence except in a courtroom during court hearings.
3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest,
attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or
members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to
use physical force against the protected party that would reasonably be expected to cause bodily
injury.
4. If checked, defendant may enter the shared residence once in the company of a peace
officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the
law enforcement agency all devices that allow access or entry to the residence or outbuildings (for
2 of 4
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. If checked, the defendant shall not possess firearms while this order is in effect as a condition of
release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency)
on or before . The defendant is advised that the issuance of this protective order may also affect the
right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8).
7. This protective order is in effect immediately. The order may be extended prior to expiration or at
sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension).
8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may
occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release
defendant from restrictions contained in this order.
9. Except as specifically set out herein, this order shall not be construed as an award of personal or
real property to either the defendant or the protected party.
10. Bond is set at $
11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed.

Defendant was personally served with a copy of this order by the court.
The clerk of court shall provide copies of this order to the protected party, county attorney,
defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections
236.5(5) and 664A.4.
The SAC County Sheriff shall serve and return service of this order upon defendant.

NOTICE: If you have a disability and need assistance to participate in court proceedings, please call
the ADA Coordinator at (641) 421-0990.
If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

3 of 4
Type: NO CONTACT ORDER
So Ordered
4 of 4
I N THE I OWA DI STRI CT COURT FOR.
STATE OF I OWA or
Plaintiff/Petitioner,
vs.
Defendant/Respondent.
Sac
DISTRICT CtiuRi ui- iM'Ai
SAC COUNTY
FILED
20Ii JUN 12 AH 8:24
COUNTY
Criminal Civ il
X
No.
FI NANCI AL AFFI DAVI T/ APPLI CATI ON
FOR APPOI NTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned statesIJ
Name: Y V j ^ \ L A L l ( C ^ Birth Date:
Home Phone:
Street
Cell Phone:
n
mail:
*****4blK\hl(ihA. ^ Odihli /A
Street/P.O. Box Apt# Chy
Pending charges: I ^ D P P l g S l l C ^ A S ^ U I T : .
Do you have ajob? A j N o Job Yes, Full Time Yes, Part Time (List Hours/week:
r? ^
State Zip
In Jail? t%Yes No
. )
Who do you work for?
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?
How many family members are supported by or live with you? _J
If a spouse lives with you, how much money does your spouse make?
List all other mqjney you, or anyone else living in your household, has coming in:
other money you, <
per hour month year
List what you own including moHey in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: C_y
Lisamounts 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
Rev. 1/6/12

STATE OF IOWA,

PLAINTIFF,

VS.

RHONDA LEE MURR
GAVIEL V OCHOA
,

DEFENDANT.

02811 AGCR012565

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.

The defendant shall contact their attorney within 48 hours.

712-662-4715

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2

THE STATE OF IOWA, )
)
PLAINTIFF ) Crim No.AGCR012565
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
RHONDA LEE MURR )
)
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
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012565
Plaintiff,
vs.
TRIAL INFORMATION
RHONDA L. MURR,
DOB: 04/10/1969
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, Rhonda L. Murr of
the crime of DOMESTIC ABUSE ASSAULT WHILE DISPLAYING A DANGEROUS WEAPON,
an Aggravated Misdemeanor in violation of Iowa Code Sections 708.2A(1) and 708.2A(2)(c)
committed as follows:
The said Defendant, Rhonda L. Murr, on or about June 10, 2014 in the County of Sac
and State of Iowa, did unlawfully and willfully commit a domestic assault against Graviel Ochoa,
and Defendant did use or display a dangerous weapon.
A TRUE INFORMATION
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
2
THE STATE OF IOWA vs. RHONDA L MURR
Criminal No. AGCR012565
COUNT I: Domestic Abuse Assault
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
GRAVIEL V. OCHOA, LABORER, GOMACO
DUSTIN JOHN ACKERMAN, OCCUPATION UNKNOWN
Type: Approval of Trial Information
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 2014-06-27 09:14:01 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

RHONDA LEE MURR ,

Defendant.

Case No: 02811 AGCR012565

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

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 07/16/2014 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
Type: ORDER FOR ARRAIGNMENT
So Ordered
Electronically signed on 2014-06-27 09:14:02 page 2 of 2

AGCR012565

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E-FILED 2014 JUN 11 1:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

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