A man has survived after being partially submerged in grain at a co-op near Boone. The Boone Fire Department was called to the Landus Elevator east of Boone early Friday morning to help an employee that became trapped in a pile of corn. When the on-duty crew arrived at the scene, a conscious individual was found partially buried in an outdoor grain storage area. Rescue efforts were underway by facility staff and a Boone County Deputy Sheriff. The responding fire department crew was able to use their grain rescue equipment, along with Landus equipment, and were able to rescue the unidentified individual from the corn. There were no serious injuries reported.

(Radio Iowa)

An Iowa judge is once again deliberating how to apply the state’s Stand Your Ground law. Sixth District Judge Patrick Grady held a hearing this week in the case of Michael Hodges in Linn County. The 23-year-old Hodges, of Cedar Rapids, faces an attempted murder charge in the shooting of 21-year-old Zevon Johnson of Urbandale. Hodges’ lawyer, Tyler Johnston, argues his client should be immune from prosecution because he feared for his life. “I think it was obvious to anybody in there that he was telling the truth and that the way the law is written now, that he complied with every provision of that law,” Johnston said. “The state had their opportunity to try to prove otherwise and they chose not to.”

The two men shot at each other outside of a downtown Cedar Rapids pub in January. Hodges claims he should be immune from prosecution because Johnson pulled his gun first. The state’s lawyer, Rena Schulte, sees it differently. “It’s my belief that the Legislature didn’t intend for someone to be able to aggressive towards another person, shoot that person, and then claim self-defense,” Schulte said.

If Judge Grady rules in Hodges’ favor, he would sidestep a trial. Hodges shot and injured Johnson, who fired at Hodges at nearly the same time, but missed. Johnson is also claiming self-defense and will have a hearing on his immunity claim. This is the latest test case of Iowa’s Stand Your Ground law, passed in 2017, and another chance for a judge to weigh in on the legislature’s intent. A judge in a previous case in Johnson County labeled the law “void for vagueness.” In another case, in Montgomery County, a judge ruled a Red Oak man was justified when he shot and killed one of two men who attacked him in an alley while wearing hoodies and bandannas.

(Radio Iowa w/Thanks to Kate Payne, Iowa Public Radio)

The Atlantic Police Department, Friday, released a report on arrests covering the period from June 18th through the 27th. This past Wednesday, 54-year old Dick Cook, of Atlantic, was arrested on a Cass County warrant for Violation of a No Contact Order, and 38-year old Melissa Wheeler, of Atlantic, was arrested on a Cass County warrant for Forgery. Both were booked into the Cass County Jail.

Last Monday, 49-year old Tammie Sempek, of Atlantic, was arrested on a Montgomery County warrant for Failure to Appear (In court). Sempek was held in the Cass County Jail until being transferred to Montgomery County. On June 23rd, 19-year old Sommer Wickham, of Omaha, was arrested in Atlantic  on Nebraska warrants for Possession of a Controlled Substance. And, on June 18th, 54-year old Elvin Shrimpton, of Council Bluffs, was arrested on a Cass County warrant for Domestic Abuse Assault. Wickham and Shrimpton were booked into the Cass County Jail.

The Union County Sheriff’s Office reports 20-year old Kessler Allen Tomas, of Creston, was arrested at around 1:50-a.m., Friday. He was taken into custody for OWI/2nd offense, and later released from the Union County Jail on a $2,000 bond.

A man from Madison County died Friday afternoon during a single-vehicle rollover accident in northeast Iowa. The Iowa State Patrol reports 72-year old Richard L. Martin, of Earlham, who was wearing his seat belt, died at the hospital in Waverly after the 2004 Ford Ranger he was driving crashed at around 2:11-p.m., Friday.

The Patrol says Martin was traveling north on Highway 218 in Bremer County, when for reasons unknown, his pickup left the road and entered a ditch at the Janesville interchange. The truck rolled several times before coming to rest in the ditch.

The accident remains under investigation.

A new state law that takes effect this Sunday will force ANYONE with a drunk driving conviction to install an “ignition interlock” on their vehicle if they want to legally drive during their probationary period. The devices test a driver’s breath and prevent the vehicle from starting if the driver has been drinking, but until now only repeat drunk drivers and first time offenders with a high blood alcohol level have been forced to use them in Iowa. Brad Fralick is a spokesman for Intoxalock, a Des Moines-based company that makes and installs the devices.

“Currently there’s about 5400 of these devices in use in Iowa,” he says. “We expect that with this law that number will jump to between 8000 and 9000 devices in use in the state.” It costs about 80 dollars to install the device, another 70-dollars a month to rent it and then about 40 dollars to have it removed when the probationary period is over. Those fees are all paid by the convicted drunk driver.

“When they install it, it goes in the ignition module, so it’s going to be up under the dash,” he says. “It’s going to have a cord attached to it. It’s a relatively short cord…enough to allow you to take the test, but not so long that it would be easy for someone else to try to blow for you.”

After the engine starts, the devices periodically require another breath test to make sure the driver is sober and that no one else blew into the device to start the engine. Several states also require cameras which provide visual confirmation the driver is testing his or her own breath. “We think that Iowa is going to go to camera devices,” Fralick says, “probably through the administrative rule process, so I would expect those to be in use in Iowa relatively soon.”

Iowa is now one of 30 states which require everyone convicted of drunk driving to install these devices. “Unfortunately, with ignition interlocks, it’s a numbers game,” Fralick says. “The more of these you get into the vehicles, you see a corresponding impact on fatalities, crashes and arrests.”

A study published last year in the American Journal of Medicine indicated there had been a seven percent decrease in fatal drunk driving crashes in states where everyone convicted of drunk driving must test their breath before their vehicle will start. According to the Centers for Disease Control, the devices reduce repeat arrests for drunk driving by about 70 percent while they are installed. Another alcohol-related state law goes into effect today. It reduces liability for bars and restaurants accused of over-serving alcohol to someone involved in a drunk driving accident.

(Radio Iowa)

The Cass County Board of Supervisors, minus Mark Wedemyer, met Friday morning in Atlantic, during a regularly scheduled session. According to Cass County Auditor Dale Sunderman, during the meeting, Dave Sturm, with Snyder & Associates, filed an eight application for partial payment on the URA Road paving construction project. The Board then motioned for and approved Manatt’s Inc. application for partial payment No. 8 on the Glacier-to Buck Creek-to Echo Road paving project, in the amount of $232,263.90.

County Engineer Charles Bechtold then reviewed current road projects, and the Board approved an application for a permit to display fireworks. The permit was granted to Ron Schroeder, of Lyman, for the display of fireworks on July 3rd.

Auditor Sunderman reported that a resolution for end of fiscal year budget considerations was necessary, and the Board unanimously approved a motion to adopt the resolution to “Amend Expense Appropriations for Fiscal Year 2017-18.”

An earlier Resolution (2018-019) directed that a loan in the amount of $350,000 be advanced for the funding of projects in the 2017 Cass County Agribusiness Urban Renewal Area to be repaid from future incremental property tax revenues to be derived from the Urban Renewal Area. The amended Resolution (2018-022) allows a county budget transfer adjustment (change in transfer/loan authority) for FY2018, as follows: Transfer $350,000 from “Fund 26000 Local Option Sales Tax Fund” to “Fund 34000 2017 Cass County Agribusiness Urban Renewal Area Capital Projects Fund.”  Resolution adopted this 29th day of June, 2018.

The Cass County Supervisors also conducted the second and final hearing and reading on proposed amendment to Ordinance 7. Hearing or receiving no objections, the Board elected to waive a third hearing, and to adopt amendment to Ordinance 7 by striking all text of current Ordinance 7-Veterans Emergency Assistance Program and replacing with new text. (a copy of which is on file with County Auditor).

The Mills County Sheriff’s Office reports the arrest Thursday night, of a man from Pottawattamie County, on drug charges. 27-year old Clayton Morris Scott, of Council Bluffs, was arrested in the vicinity of 221st & 225th Streets at around 9:50-p.m., for Possession of a Controlled Substance and Possession of Drug Paraphernalia. His bond was set at $1,300.

Gov. Kim Reynolds announced appointments today (Friday) to fill Iowa’s boards and commissions. The following (area) appointees are unpaid and are not subject to Senate confirmation:

Council on Agricultural Education:

Ryan Burger, Earlham

City Finance Committee:

Dawn Meyer, Manning

College Student Aid:

Cassandra Bond, Earlham

Barbara Sloniker, Sioux City

Iowa Developmental Disabilities Council:

Roxanne Cogil, Jamaica

Iowa Council for Early ACCESS:

Angie Hance, Creston

State Historical Society of Iowa Board of Trustees:

Dawn Meyer, Manning

Iowa Council on Homelessness:

Joanie Poore, Underwood

Rural Health and Primary Care Advisory Committee:

Mike Dickinson, Logan

State Historical Society of Iowa Board of Trustees:

Dawn Meyer, Manning

Northwest Regional STEM Advisory Board:

John Bedward, Storm Lake

Derek Brower, Orange City

Eric Forseth, Sioux Center

MacKenzie Reiling, Sioux City

Southwest Regional STEM Advisory Board:

Mitsy Gray, Atlantic

Luann Langel, Manning

Tom Lesan, Creston

Jason Plourde, Council Bluffs

Josh Shatava, Clarinda

Katherine Somers, Atlantic

Vocational Rehabilitation Council:

Monalisa McGee, Council Bluffs

Daryn Richardson, Crescent

Iowa Commission on Volunteer Service:

Cynthia Hanson, Sioux City

TOLEDO, Iowa (AP) — A September trial has been scheduled for a former executive director of the Tama County day care accused of using thousands of its dollars to buy things for herself. Tama County District Court records say written pleas of not guilty were filed Thursday for 46-year-old Kristine Daniel. She’s charged with theft and other crimes. Her trial is set to begin Sept. 24 at the courthouse in Toledo.

The state auditor’s office says auditors have identified nearly $279,000 in improper and unsupported spending, undeposited collections and forgone grant revenue involved in the finances of the day care, Kids’ Corner. The audit covered December 2009 through May 31, 2016, the time period Daniel worked for Kids’ Corner.