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Keep up-to-date with Fox News Radio, Radio Iowa, Brownfield & the Iowa Agribusiness Networks!
Iowa Western Community College’s Board of Trustees held their regular monthly meeting in Atlantic, Monday afternoon.
Iowa Western President Dr. Dan Kinney (Center, tan sport jacket) speaks at the meeting held in Atlantic.
During the 75-minute meeting, which was held at the Atlantic Center of IWCC, College President Dr. Dan Kinney introduced the newest member of the Board, Marge Welch, who officials came on board June 30th, and has been putting together some new initiatives for the college. Welch is originally from Afton, in Union County. She started her career in higher education at Southwestern Community College, where she served for 11-years, before working at the university level (Buena Vista University) for the past eight years. She said she’s wanted to get back to get back to the community college scene, which is where she says more emotionally grounded.
In his report to the Board, Dr. Kinney said Summer Graduation is set for 7-p.m. this Friday (July 25th). Approximately 80 students are set to receive their diplomas. Fall classes at Iowa Western begin August 18th. Kinney was also pleased to report he received a letter recently indicating the college will be receiving another Iowa Great Lakes Grant for IWCC’s innovative program designed to keep more students enrolled and on track academically, socially, and financially for program completion. The program is called “Intrusive Advising.” Kinney says he thinks it’s making a difference in student proficiency.
The latest grant amounts to $197, 340. Last year, the college received a grant amounting to $214, 790 to helping 150 students navigate their first year of studies through weekly advising meetings, supplemental instruction, and tutoring.
And, Iowa Western/Cass County Center Director Ann Pross reported to the Board of Trustees on the status of construction projects and enrollment. She said the new Student Activity Center which is currently under construction should be finished by the beginning of the Fall semester, and ready for occupancy by the start of the Spring semester.
Pross also reported there are now five full-time faculty members at the Cass County Center, and the enrollment numbers have held steady, with a small amount of growth. She said also the Design Technology Program continues to grow. 13 students graduated from the program in May. Another dozen students are involved in internships this summer. All of the students who take internships and graduate have received multiple job offers, with starting salaries of $35,000-45,000.
SAC CITY, Iowa (AP) – A 60-year-old inmate caught trying to escape from the jail in Sac City faces additional criminal charges. The Sioux City Journal reports Randy George Barney, of Rockwell City, was charged with felony attempted escape. The Sac County Sheriff’s office says Barney climbed a security fence and a barbed-wire barrier while exercising in an outside enclosure with three other inmates on Friday morning.
The sheriff’s office reported the incident Monday in a statement. It says deputy sheriff’s caught Barney while he was still on the property. He was the only inmate in the exercise yard to climb the fence. Officials say Barney had minor lacerations that did not require medical treatment.
He’s been in jail on burglary charges filed in April in neighboring Calhoun County. He has pleaded not guilty.
Iowa moved up four spots in the annual “Kids Count” survey released today. Iowa Kids Count director, Michael Crawford says “We moved up to third this year, we were seventh last year, so obviously a move up four places is very good,” Crawford says. The survey by the Anne E. Casey Foundation looks at 16 factors believed to be an indication of how well kids are doing in each of the 50 states. Massachusetts and Vermont were ranked one and two. Crawford says the move by Iowa shows how close the states in the top 10 are.
“I think some of it is attributed to the policies we have in place as far as helping children — particularly in the health areas — we ranked first in the health areas of all 50 states, which is very good,” Crawford says. “But I think also some of it has to do with the fact that maybe the other states are slipping in the work they do, so I think it’s kind of a combination of those two things has helped Iowa move up.” The four health areas ranked are the number of low birth weight babies, the number of children without health insurance, the number of child and teen deaths and the number of teens who use drugs or alcohol. Iowa also saw an improvement in all four education areas.
“We’ve improved the number of children going to pre-school — which is a good idea, a good thing — fourth in eighth graders improving their proficiency in their reading and math scores, and our tests. And also, we are lowering the number of kids who are dropping out of school or not graduating on time,” Crawford says. Iowa saw the state’s marks drop in some areas.
“We’ll be seeing an increase in the number of children living in poverty, which is a bad sign. And also, the number of children living in single parent homes,” Crawford says. Also on the negative side, Iowa saw an increase in the number of kids living in a situation where housing costs are a burden and the number of teens not in school and not working. Crawford says measuring the state against the rest of the country is good, but not the only way to find out how we are doing.
“I think it is import also to keep in mind, not only to compare Iowa to other states, but to compare Iowa to Iowa,” Crawford says. “Maybe compare Iowa to where we were 10 years ago, to where Iowa is now and really not look at the others states to see if our policies and programs in place are really helping families.” New Hampshire and Minnesota rounded out the top five in the survey behind Iowa. Arizona, Louisiana, Nevada, New Mexico and Mississippi ranked lowest among the states.
(Radio Iowa)
Here is the latest Iowa news from The Associated Press
OTTUMWA, Iowa (AP) — State agents are assisting the Wapello County Sheriff’s Office in investigating the death of an Ottumwa area man. Authorities received a call just after 1 a.m. Monday to a rural residence four miles southwest of Ottumwa. Deputies found 49-year-old Clinton Gus Leedom unresponsive from a gunshot wound. Officials say the shooting “appears to be an isolated incident and no future danger appears to be imminent.”
EDDYVILLE, Iowa (AP) — The city of Eddyville is getting more than $1 million to improve its stormwater handling system to protect the city from Des Moines River flooding. The project includes funding for the extension and rerouting of more than 4,000 feet of storm sewers, installation of larger inlets and manholes, and four high capacity pumps to move water over the city’s levee.
DES MOINES, Iowa (AP) — Democrat Jack Hatch has just $183,000 in the bank for his campaign for governor, putting him at an extreme disadvantage against Republican Gov. Terry Branstad, who has amassed $4 million. Hatch raised nearly $270,000 during the latest fundraising period, which ended July 14. After expenses, he was left with $183,000 in cash. Branstad is running for an unprecedented sixth term.
SIOUX RAPIDS, Iowa (AP) — A Sioux Rapids man accused of stabbing a 19-year-old man last week now faces an attempted murder charge. Forty-three-year-old Pedro Orozco was initially charged with willful injury but an attempted murder charge was added Monday. Buena Vista County Sheriff Doug Simons says the additional charge was added after police discussed the case with the county attorney. Orozco is accused of stabbing a Spencer man at a Sioux Rapids home on July 9.Iowa
A new scoreboard at Sunnyside Park should be ready to go in-time for Tuesday night’s baseball game at Trevor Frederickson Memorial Field. Atlantic Parks and Rec Director Roger Herring said Brown Electric is slated to hook up the power Tuesday, and then it’s just a matter of programming the scoreboard in preparation for use.
3 Atlantic Park and Rec employees finishing the scoreboard installation. Thanks to Bill Welter, CEO of Concept Builders, for donating his time and
machinery to install the scoreboard and to the Cass County Community Foundation for
their grant to purchase the scoreboard. (Roger Herring photo)
Herring said the new board is wireless, which means the umpires can keep track of the score, pitch count and other facets of a ball game with a hand-held device. Before, the process was cumbersome and sometimes not very accurate. Herring said the old scoreboard was removed and the new one installed Monday.
He said the new score board made possible through a $6,000 grant from the Cass County Community Foundation. The Frederickson Foundation also contributed a tremendous amount of volunteer labor for work on the bleachers, landscaping and fencing, to make the field attractive and functional. The scoreboard will feature the name “Trevor Frederickson Memorial Field, ” and “Sunnyside Park,” since the park is City property.
In other business, Herring said there won’t be a Vision Iowa Grant this year to help with improvements at the Schildberg Recreation Area. That’s because Herring and SWIPCO’s Courtney Harter couldn’t get the application submitted by the July 15th deadline, due to some missing information. That includes a monetary commitment made by the Cass County Board of Supervisors when the area was created years ago, and a Resolution from the City, as to what it’s commitment would be.
In fact, the Cass County Board of Supervisors contributed $20,000 toward the project, because part of the Schildberg land is county property. Herring said the thoroughness of the information they needed to submit was no where near what was submitted when the City first applied for a $100,000 Vision Iowa grant in about 2004. The City received the funds, but was forced to repay the entire amount in 2009, when it failed to meet the requirement of the grant and a fifth request for an extension to complete the project, was denied. Herring said that probably left a bitter taste with the Vision Iowa Board, and was one of the other reasons they decided not to try for a grant this year.
He said all is not lost, however. There are other sources for funds that can be applied for until a more thorough application can be submitted by June of 2015. That includes a REAP grant (Resource Enhancement and Protection) from the DNR, Funds from the IA DOT and by requesting more funds from the Schildberg Foundation.
The Atlantic Parks and Recreation Department’s Board of Directors Monday evening received an update from Park and Rec Director Roger Herring on several matters, one of which was the legality of Bow fishing at the Schildberg Quarry Rec Area. Herring said the question came about after a couple of the Park Board’s members who were planting flowers at Schildberg and pulling weeds, saw a few people bow fishing off of the south bank. He said the question was raised, “Is that legal?”
Herring says he spoke with law enforcement and Brian Hayes, Fisheries Biologist at Cold Springs State Park. The answer is the that bow fishing is no different than rod and reel fishing. To be legal, you must still have an adult fishing license. Herring said there are limitations on the types of fish that can be obtained by bow fishing, however. The fish must be of the “rough” variety, such as carp, river fish, and gar. Game fishing is not allowed through bowfishing. That means you cannot catch bass, perch, bluegill, crappie and catfish.
Board member Charlene Beane said she spoke with the local bow fisherman. She said they spent at least 20-minutes explaining the sport to her. She said “It was one of the coolest things I’ve ever seen in my life. I was so impressed with these young men and what they know and what they do. I came away absolutely enthralled and excited about it.”
Board member Erin McFadden said the bow fishing devices themselves are not dangerous, and not armed until they are cocked by having the string drawn back. Herring stressed again, that bow fishing is allowed by City Ordinance within the City limits because it’s on public water. State regulations also allow bow fishing in public waters.
Page County Sheriff Lyle Palmer reports a Clarinda man faces numerous charges following a chase last Friday afternoon. 41-year old Merlin Glenn Lininger was apprehended at a residence in Villisca, after leading authorities on a chase that began with a traffic stop in Clarinda at around 3:25-p.m., Friday. Palmer says when a deputy tried to stop the Mazda Lininger was driving, the car sped off with two occupants inside.
The vehicle went on paved and gravel roads at a high rate of speed. Authorities eventually called-off the pursuit for a variety of reasons. After Lininger was located and taken into custody, he was brought to the Page County Jail and charged with Driving While Barred, along with numerous other traffic offenses. His bond was set at $2,000. The identity of the other individual in the vehicle was not released, as the investigation remains on-going. That person was however found, near where they exited the car.
Cass County Attorney Dan Feistner reports the Iowa Court of Appeals last week affirmed Cass County District Court Judge Jeffrey L. Larson’s sentencing last November of Rex Dean McDermott to 5-years in prison on one count of Domestic Abuse Assault by Strangulation.
McDermott pleaded guilty to the charge on September 2nd, 2013. During his sentencing hearing, the District Court Judge Jeffrey Larson declined to suspend the sentence, which McDermott appealed, arguing the court did not properly consider factors such as McDermott’s lack of criminal history, the maximum opportunity for rehabilitation, or considerations relating to the protection of the community, given McDemott’s mental health issues and availability of treatment.
The Appeals Court, said “An abuse of discretion is only found when the court exercises its discretion on grounds clearly untenable or to an extent clearly unreasonable.” In affirming the judge’s decision, the Appeals Court said they found no abuse of discretion in the decision made by Judge Larson. The court also rejected McDermott’s request that any ineffective-assistance of-counsel claims be preserved for future post conviction relief proceedings.
Feistner said McDermott can make an Application for further Review to the Iowa Supreme Court before twenty days expires from the Iowa Court of Appeals’ decision on July 16th, 2014 and Procedendo issues. However, once Procedendo issues, the appeal process terminates and jurisdiction reverts back to the District Court order which was for prison and then Mittimus for that sentence issues immediately. Until that time, McDermott would remain out of custody on appeal bond and would not be subject to the District Court’s sentencing order for the jurisdictional reasons as stated herein.
**************************************
The complete transcript of the decision follows: STATE OF IOWA,
Plaintiff-Appellee,
vs.
REX DEAN MCDERMOTT,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Cass County, Jeffrey L. Larson, Judge.
Rex McDermott appeals his sentence to one count of domestic abuse assault by strangulation causing bodily injury. AFFIRMED.
Sean P. Spellman of Spellman Law, P.C., West Des Moines, for appellant.
Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, and Daniel Feistner, County Attorney, for appellee.
Considered by Vogel, P.J., and Doyle and Mullins, JJ.
VOGEL, P.J.
Rex McDermott appeals his sentence to one count of domestic abuse assault by strangulation causing bodily injury, asserting the district court abused its discretion in sentencing him to a period of incarceration not to exceed five years. Because we conclude the district court properly considered the appropriate factors when sentencing McDermott, we affirm.
This case arises from an incident on October 13, 2012, in which McDermott strangled his wife, Beth McDermott, and shoved her head in a bucket containing diesel fuel. The State filed a trial information, and later an amended trial information, charging McDermott with willful injury, in violation of Iowa Code section 708.4(2) (2011); domestic abuse assault, in violation of Iowa Code sections 236.2, 708.1(1), and 708.2A(2)(b); and domestic abuse assault by strangulation causing bodily injury, in violation of Iowa Code section 708.2A(5). McDermott pleaded guilty to the domestic-abuse-assault-by-strangulation charge on September 23, 2013.
A sentencing hearing was held on November 12, 2013, at which Chase Roller, who prepared the presentence investigation report, and Beth testified. It was established McDermott suffered from bipolar disorder and alcohol dependence. Beth’s letter described how McDermott planned ahead to harm her and how she questioned whether he would attack again. Several letters were also submitted to the court on behalf of McDermott, describing his good character, service to the community, devotion to his family, and how this act was completely “out of character.” After hearing the testimony, McDermott’s statements, and the arguments of the parties, the district court sentenced
McDermott to a period of incarceration not to exceed five years, declining to suspend the sentence. McDermott appeals, claiming the court did not properly consider factors such as McDermott’s lack of criminal history, the maximum opportunity for rehabilitation, or considerations relating to the protection of the community, given McDermott’s mental health issues and the availability of treatment.
We review sentencing decisions for an abuse of discretion. State v. Evans, 672 N.W.2d 328, 331 (Iowa 2003). An abuse of discretion is only found when the court exercises its discretion on grounds clearly untenable or to an extent clearly unreasonable. Id. “Sentencing decisions are cloaked with a strong presumption in their favor. A sentence will not be upset on appellate review unless the defendant demonstrates an abuse of trial court discretion or a defect in the sentencing procedure, such as trial court consideration of impermissible factors.” State v. Grandberry, 619 N.W.2d 399, 401 (Iowa 2000).
The district court set forth the following reasons for imposing the five-year sentence:
Mr. McDermott, I’ve read and considered all the letters that have been submitted in your support as well as what you’ve told me. I understand that you have a substance abuse and a mental health issue that you’ve been battling with. I note that’s been an ongoing issue for several years. I also considered the fact that you’ve been in and out of several treatment programs, normally walking out of them on your own.
I would like to think that this horrific incident that was very violent would be a wake-up call for you and motivate you to stay with your treatment programs that you’re currently taking part in, but I have no way of guaranteeing to your wife or to the community that that’s going to happen. That’s a risk that I’m not willing to take. For that reason, I’m not going to suspend the sentence.
This was a terribly violent offense that caused injury to your wife, one that you have talked about and threatened to commit and that you did, and you knew it was wrong at the time.
Like I said, I think—I would like to think that this is enough of a wake-up call to prevent this from happening again and to prevent you from walking away and stopping your voluntary treatment programs, but I can’t make that guarantee to the community or to your wife; and for that reason, I think a five-year imprisonment is an appropriate one under the circumstances, and a suspended sentence is not appropriate.
I understand your—the argument that your counsel and experts provided concerning the treatment that will be available to you through the Department of Corrections and that it is undisputed that that’s not the best treatment that you’re going to get; you’ll get better treatment where you’re at or through some private resource. But that’s not the only reason for my sentence, and it’s not just to get you the treatment you needed. It’s also to protect the community, and you’re also being punished for what you did.
We find no abuse of discretion in this decision. The court acknowledged McDermott’s many letters of support and considered the appropriate factors, including the nature of the crime, the potential for rehabilitation, as well as McDermott’s mental health and substance abuse issues. See State v. August, 589 N.W.2d 740, 744 (Iowa 1999) (noting that the nature of the offense, the attendant circumstances, and the defendant’s age, character, propensities, and chances for reform are the “minimal essential factors” to be considered by the sentencing judge). Consequently, we affirm the sentence pursuant to Iowa Rule of Court 21.26(1)(a), (d), and (e).
McDermott also requests that any ineffective-assistance-of-counsel claims be preserved for potential future postconviction relief proceedings. However, no specific preservation of claims is necessary, given any potential claims are deemed preserved under Iowa Code section 814.7(1) (2013).
AFFIRMED.
The Atlantic Police Department reports three recent arrests. On Sunday, 22-yearold Thea Sherman, of Atlantic, was arrested for Public Intoxication. Sherman was booked into the Cass County Jail. And, 17-yearold Nicholas Frederick, of Corning, was arrested in Atlantic for Possession of a Controlled Substance, and Possession of Drug Paraphernalia. He was cited and then released to a relative.
On Friday, officers with the A-PD arrested 49-year old Eric Asay, of Atlantic, for 2nd offense Public Intoxication. He was booked into the Cass County Jail.
(12:40-p.m. News)