Des Moines – The Iowa Insurance Division is beginning the claims process to reimburse customers harmed by Andrew Joyce of Joyce Funeral Home in Emmetsburg, Iowa, following a Polk County District Court ruling that approved the Iowa Insurance Division’s request to begin the claims process.

The claims process follows the Iowa Insurance Division’s appointment as receiver of the Joyce Funeral Home on June 5, 2020.  The Iowa Insurance Division sought to be appointed receiver when its investigation revealed a number of deposits that could not be matched to a burial, which suggested that thousands of dollars in preneed purchase agreements had been sold and the money had not been placed in trust, as required by Iowa law. The Iowa Insurance Division’s goal in the receivership has been to collect all the assets of the Joyce Funeral Home and to make them available to consumers who were harmed by this conduct.

The receivership action follows a previous cease and desist order issued in October of 2019.  The Iowa Insurance Division’s Fraud Bureau also investigated Joyce’s conduct and filed criminal complaints against Joyce charging him with one count of Ongoing Criminal Conduct (B Felony), one count of Theft 1st Degree (Class C Felony), one count of Theft 2nd Degree (Class D Felony), and one count of Failure to Trust Preneed Funeral Services (Class D Felony). “Letters via postal mail will be sent to those known to have been harmed in this case in the coming days, however, there may be more people still out there that have not yet come forward,” Iowa Insurance Commissioner Doug Ommen said.  “I encourage any and all Iowans that have been harmed to fill out a claim form either online or via mail for our office to review.”

Known customers that have been harmed will be sent a letter.  Customers harmed may submit a claim online or by sending the Iowa Insurance Division a completed paper claim form.  Claims must be submitted on or before Monday, November 7, 2022. Submitting any supporting documentation with the claim form will help the Iowa Insurance Division evaluate and process the claim.  Customers harmed may still make a claim even if they do not have all or any of the documentation for the claim.

If you have any questions regarding the claims process, contact Connie Dykstra by email at connie.dykstra@iid.iowa.gov or by phone at (515) 314-9380.

(Radio Iowa) – The Iowa Court of Appeals has denied a Muscatine man’s appeal of his murder conviction in the death of his pregnant girlfriend. David Hatfield called police in 2019 and told them his girlfriend Kaitlyn Palmer had shot herself with a handgun. He later changed his story and said he shot her as part of an assisted suicide. He was convicted of first-degree murder. Palmer’s mother testified during the trial her daughter had attempted suicide once, but the mother said it was a plea for attention and she told her she would never attempt suicide again. Hatfield said in his appeal the statement was hearsay and should not have been allowed. The Appeals Court ruling says the statement was relevant to the case and the district court properly allowed it.

(Radio Iowa) – Union Pacific says the timeline for repairs at the site of Monday’s train derailment in northeast Iowa is unknown. Forty-four Union Pacific train cars derailed on and around a railroad bridge north of Hampton. A statement from the company indicates most of the cars have been removed from the track and crews have started to repair the track and the bridge. Hazardous materials crews are back at the site today, removing asphalt that spilled from the train into Otter Creek. The cause of the derailment is still under investigation according to Union Pacific. No one on the crew was injured when the train’s cars started leaving the track at about 3:30 Monday morning.

(Atlantic, Iowa) – Atlantic Firefighters, Police and Cass EMS were dispatched to a report of smoke coming from the back of residence this (Tuesday) morning. The call about the incident at 304 Hazel Street went out at 10:54-a.m.  A resident the home was able to escape without injury. Fire crews remained on the scene until 11:45-a.m. Atlantic Police and Cass County Sheriff’s Deputies were conducting interviews with a couple of women when KJAN News arrived.

Photo submitted to KJAN

According to Fire Chief Tom Cappel, when crews arrived they found the back window had been knocked out, and a grill was at the base of the area where the fire appeared to have started.

Ric Hanson/KJAN News (photos)

An earlier reported indicated Cass County Sheriff Darby McLaren handcuffed a man at the scene, but it’s not clear if he was being detained in connection with the incident. No further information is available at this time. The fire remains under investigation.

(Red Oak, Iowa) – The Montgomery County Board of Supervisors, this (Tuesday) morning, approved cutting back the hours and days for the shredding of outdated and/or other County documents, by Nishna Productions, Inc., employees. The hours will be reduced effective this Friday, Sept. 9th, from two days/two hours per day, to one day per week, for two hours. Nishna Productions, Inc. provides a variety of vocational, residential and social support activities to persons with disabilities. Board member Donna Richardson explained the hours should be decreased due to a lack of work for the client.

Montgomery County Engineer Karen Albert mentioned to the Board, that there are some bridges closed for inspection, yet people are ignoring the danger and circumventing the safety measures in-place to keep traffic off those bridges until they are inspected and/or made safe for the posted limit.

Albert said there are snow fence-type barricades in place, and other forms of barricades are being considered to prevent their removal. She asked for patience in getting the bridges inspected and made ready for traffic.

In other business, Montgomery County Sheriff Jon Spunaugle requested the Board approve a front office employment position for his department. He says the current situation has resulted in his office being shut-down some business days after 2-p.m., due to scheduling conflicts between the Police and Sheriff’s Departments.

He says there is enough work, and the Sheriff can create enough work, to make the position viable.

The Supervisors approved his request to begin the process of filling the position, which he said would likely take 30-to 60-days. The position would cost $70,000 including benefits. The addition of an employee, Spunaugle said, would mean a change in hours, making front office staff available longer each day, staggered lunch hours, and at a minimum, match the courthouse hours.

Money for the position will come from a budget amendment which will be covered by increased bed and meal fees and other provisions.

(Radio Iowa) – The U-S Senate returns to work today (Tuesday) with two months until the midterm elections, and Iowa Senator Chuck Grassley says he has just two legislative priorities between now and then. One is passage of a bipartisan measure called the American Innovation and Choice Online Act. Grassley says it aims to restore competition online by stopping giant digital platforms from giving unfair preferences to their own products and services. Grassley says, “This would do away with what we call economic discrimination.” Grassley, a Republican, is co-sponsoring the bill with Minnesota Democrat Amy Klobuchar.

“We’re dealing with the practices of the big platforms like Amazon and Google prioritizing their own products,” Grassley says, “and then your small businesses using their platforms, you’re second or third or fourth or 50th to everything that Amazon or Google wants first.” Grassley says those internet Goliaths have deep pockets and they’ve been waging a expensive, extensive campaign against the legislation.

“I saw on television another one of these commercials that’s probably added up to about $36-million that some of these platforms are saying how godawful the Klobuchar-Grassley bill is,” Grassley says. “I’m not sure they named her and me, but there’s a lot of money being spent to kill this bill.” Grassley says his second priority over the coming weeks is passage of his Cattle Price Discovery and Transparency Act. It would force the nation’s largest beef packers to buy a percentage of their cattle through negotiated-type trades in order to level the playing field for more smaller producers.

(Harlan, Iowa) – The Shelby County Sheriff’s Office has issued a report on arrests from over the past month. Most recently, on August 30th, 34-year-old Sergio Ordonez, of Defiance, was arrested for Domestic Abuse Assault. On the 27th, 35-year-old Craig Steven Mumm, of Harlan, was arrested for Driving While Barred, and 31-year-old Samuel Allen Hays, of Harlan, was arrested August 23rd, also for Driving While Barred.

Other arrests include:

On August 21st: 22-year-old Cassandra Nathly Diaz, and 23-year-old Alberto Diaz, both of Omaha, were arrested in Shelby County following a traffic stop on Highway 59. Both were charged with a Controlled Substance Violation and Possession of Drug Paraphernalia. Cassandra Diaz was additionally charged with Keeping a premises or vehicle for a controlled substance violation, speeding, and failure to provide proof of automobile insurance (Financial liability).

On Aug. 19th, 31-year-old Uriah Simeon Joiner, of Tabor, was arrested after a traffic stop on Highway 37, in Shelby County. Joiner was charged with Driving While Revoked, and Speeding. On the 10th, 39-year-old Randi Lyn Riessen, of Shelby, was arrested in Shelby for Driving While License Denied or Revoked, and passing contrary to a highway sign or marking. On the 7th of August, Shelby County Sheriff’s Deputies arrested 35-year-old Craig Steven Mumm, of Harlan, for Driving While Barred., And, on August 4th, 39-year-old Brett Michael Thompson, of Council Bluffs, was arrested for Theft in the 5th Degree.

(Creston, Iowa) – The Creston Police Department reports two arrests and two break-ins. Monday night, 18-year-old James Landon Aberkalns, of Creston, was arrested at his home for Domestic Abuse Assault. He was being held without bond in the Union County Jail, until seen by a magistrate. And, Saturday afternoon, 30-year-old Steven Douglas Brinker, of Creston, was arrested for Driving While Suspended. He was cited and released at the scene.

Creston Police say a home and a business were broken into on August 25th. A woman residing in the 500 block of W. Spencer Street reported someone forced their way into her home and rifled through her purse. A wallet turned-up missing. A dollar amount of loss was not given. And, the Smoke Shop, in Creston, reported someone gained entry into the business by breaking the front window. Multiple vape cartridges were taken. The loss was estimated at around $100.

(Atlantic, Iowa) – Members of the Atlantic City Council will meet in a regular session 5:30-p.m. Wednesday, in their Chambers at City Hall. On their agenda is a Public Hearing on a proposed amendment to the plan for the Atlantic Urban Revitalization Area. City Administrator John Lund says Iowa Code requires the hearing as part of the steps in updating an Urban Revitalization Plan (URP) Area. The Council passed a Resolution providing notice of the hearing on August 17th. The hearing will be followed by action on a Resolution to Adopt the URP as amended. Lund said the City’s Finance Attorney, John Danos, has prepared the proceedings so that the Council may readopt the policy, which has expired. The only change would be to remove the expiration date, as the Council has not shown an interest in ending it, and “The sunsets are proving to be a bureaucratic burden,” according to Lund.

In other business, the Council will act to pass a Resolution “Setting the date for a public hearing on [a] proposal to enter into a General Obligation Land Acquisition Loan Agreement, and to Borrow Money thereunder in a principal amount not to exceed $700,000.” The hearing is expected to occur during the Council’s regular meeting on Sept. 17th.  As part of an effort to tackle the lack of housing in Atlantic, an option to secure land from the Comes Family Trust in the area northeast of 22nd and Olive Streets, was approved, thanks to the work of Bob Camblin, who also put down $10,000 of his own funds to lock down the option. The cost of the land is $830,000. The purchase will be financed through general obligation debt, according to Lund, who said also, the actual borrowing will be much lower than the $820,000 required. The principal borrowed would be $500,000, with the remainder coming from the City’s share of ARPA (Covid) relief funds, and supplemented with excess funding provided to the CDBG (Community Development Block Grant) Downtown Facade Project, and LOST (Local Option Sales Tax) Progress funds.

The Atlantic City Council will also hold the second reading of an amended panhandling ordinance, the first reading of: an amending mowing of properties ordinance; an amended ordinance pertaining to removal of solid waste; and, an amended ordinance with regard to the removal of snow and ice accumulations. In his report to the Council, Wednesday evening, John Lund will follow-up on Beautification Committee, and Personnel and Finance Committee, meetings. He’ll also discuss the possible renewal of an agreement with “The Retail Coach.”

(Radio Iowa) – The Iowa Racing and Gaming Commission is planning a study of the state’s horse racing industry. Racing and Gaming Administrator, Brian Ohorilko says the idea came after the Commission had discussions with administrators in the thoroughbred industry, quarter horse industry, and Prairie Meadows Racetrack.

Ohorilko says the Commission members felt it was best to get some help in dealing with some of those differences of opinion.

Ohorilko says the long-term goal is to consider what is needed to promote the long-term viability of the industry. The next step is to work with the Administrative Services Agency to get someone to do the study.

Ohorilko says it will take some time to get the study completed.

The Racing and Gaming Commission approved the plan to do the study at its recent meeting.