A judge in Pottawattamie County has ruled a Council Bluffs man will not not have to spend an additional 10-years in jail beyond the 50-year sentence he’ll serve for attempted murder and robbery. Judge Timothy O’Grady said Thursday, that 34-year old David Maddox Jr.’s 10-year sentence for third-degree kidnapping, should be served concurrently. As it is, Maddox will have to serve a minimum of 34-years in prison, for his role in the December 2009 beating of Rodney Koehrsen.

Maddox, and Jeremy Gibler, who was 25 at the time, were convicted in April 2010, of attempted murder, 1^st degree robbery, and 1^st degree kidnapping, for beating Koehrsen, and tossing him into the Missouri River on December 17, 2009.

Last May, the Iowa Court of Appeals reduced the kidnapping charge — which would have meant a mandatory life sentence without parole — to 3^rd degree kidnapping. The court ruled there wasn’t enough evidence to support a finding of a serious injury, during the attack.

Chief Deputy Pottawattamie County Attorney Jon Jacobmeier told the Omaha World-Herald Thursday, he was satisfied with the judges’ decision. Defense attorney Greg Jones also said he was satisfied with the ruling.

One of three men who allegedly tried to burglarize a rural home northwest of Malvern, late Wednesday night, received a round of birdshot in his rear, from a farmer who didn’t take kindly to their intruding on his property. Mills County Sheriff Eugene Goos says the incident took place at around 10:30-p.m., Wednesday.

Goos says 30-year old Miguel Martinez, of Council Bluffs was shot in the rear, outside of the home, while attempting to flee. His wounds were not believed to be life threatening. Goos says Martinez, 19-year old Patrick Hover, of Council Bluffs, were charged with aiding and abetting a burglary, and 33-year old Yosvani Galindo, of Omaha, faces a charge of burglary. All three were being held in jail on $10,000 bond each. If convicted on the felony charges, the men would spend up to 10-years in jail.

The Sheriff says Hover is believed to have been the “wheelman” for the trio. It’s not clear if Martinez actually set foot in the home. One of the men allegedly kicked-in a door to the residence. The action awoke the unidentified farmer, who chased the men away from the scene. Two of the men fled on foot. They were arrested by deputies, with the aid of an Omaha Police Helicopter. Hover, who was driving a 1995 green Chevy pickup, was pulled over and arrested a short time later.

Sheriff Goos said the farmer’s actions were under investigation, but he was not arrested.

Water levels along the flooded Missouri River should start dropping a little faster today. The U.S. Army Corps of Engineers will start cutting its releases of water from Gavins Point Dam, near Yankton, South Dakota, by five-thousand cubic feet per second (CFS) each day. Those daily reductions will run through the end of the month. It’ll drop the releases from a peak of 160-thousand CFS at the flood’s crest two months ago. That translated to about a million gallons per second. The Corps wants to cut releases slowly so fragile levees don’t collapse. By September, the rate should be 90-thousand CFS. Daily cuts will start again in mid-September and should be down to 40-thousand CFS by October and down to 20-thousand by December.

(Radio Iowa)