Here is the latest Iowa news from The Associated Press at 3:45 a.m. CDT

RED OAK, Iowa (AP) — Red Oak police have charged a man in the death of another man whose body was found near a street in the southwest Iowa city. Police found the body of 27-year-old Devin Alexander Davis about 4:15 a.m. Wednesday. They later determined he’d been killed by a single gunshot. Red Oak police say in a news release that investigators determined 39-year-old Kevin Duane Staley and Davis had a confrontation earlier Wednesday, leading to the shooting. Police charged Staley with voluntary manslaughter.

IOWA CITY, Iowa (AP) — Iowa’s prisons agency has fired a judge over a ruling in which she dismissed sanctions against an inmate because the meaning of a two-letter acronym was unclear to her in a report. The firing of Administrative Law Judge Renee Sneitzer has prompted her to allege retaliation and discrimination, and renewed questions about the independence of judges who work for the Department of Corrections. The department says she should have sent the report back for clarification rather than dismissing the case.

NASHUA, Iowa (AP) — Authorities say an 8-year-old boy was hit by a stray bullet while visiting an apple orchard with his parents in northeast Iowa. The sheriff in Chickasaw County says the boy is hospitalized in stable condition, though details about his condition haven’t been released. The sheriff says the bullet was fired Sunday at a shooting range less than a mile from the orchard. He tells the Charles City Press the shooting was a “freak accident” and isn’t being investigated as a crime.

CORRECTIONVILLE, Iowa (AP) — Authorities say a woman has died after her vehicle was rear-ended on a northwest Iowa road and pushed into the path of a school bus. The Sioux City Journal reports 68-year-old Linda Zahnley, of Correctionville, died in the Tuesday afternoon crash on state Highway 31. The Woodbury County Sheriff’s Office says Zahnley was stopped, waiting to turn east when her sports utility vehicle was rear-ended by a pickup truck. The crash pushed the SUV into the path of an oncoming River Valley school bus.

Water levels on the Missouri River are gradually falling as releases from Gavins Point Dam near Yankton have been cut back in the past several days. Dave Becker, operations manager for the U-S Army Corps of Engineers at Gavins Point, says it’s in response to high water and flooding in communities further south along the river basin.

“We cut our flows initially from 31,000 down to 29,000 cubic feet per second and now they’re down to 26,000 to help the folks out,” Becker says. “We just had some really heavy fall rains the last ten days downstream.”

River levels have dropped about three feet below the dam. Becker says releases are being reduced upstream as well so more water will be retained in the reservoirs. Becker says, “Our hydrologists really have to time the releases correctly between Fort Randall and us because it takes about a day for their water to get to us.”

Becker says all of the extra water being held back may mean a longer navigation season from Sioux City downstream. “Because we had a little wetter year than normal, we had about an additional 12% of water in the Missouri basin,” Becker says. “Our navigation season may even go a little beyond Thanksgiving.”

Higher-than-normal releases may be needed later this year to draw down the reservoirs to winter levels.

(Radio Iowa)

A central Iowa man is dead following the crash of a semi tractor-trailer on Interstate 80 this (Wednesday) morning, in Adair County. The Iowa State Patrol says 62-year old Michael Byers, of Des Moines, died after he was flown from the scene of the crash of Methodist Hospital in Des Moines.

Authorities say Byers was westbound on I-80 at around 6:45-a.m., when the 2018 Freightliner semi he was driving left the road at the Stuart exit and entered the north ditch before it rolled over. Byers, who was not wearing a seat belt, was ejected during the crash.

The semi’s tanker trailer contained hazardous materials. HAZ MAT crews were called to unload it. The accident remains under investigation. Several agencies assisted the Patrol at the accident scene.

(Updated 8:20-p.m.) The Red Oak Police Department has released details on the investigation of a deceased male found in Red Oak early this (Wednesday) morning. Officers were called to the 200 block of East Grimes Street at 4:17am Wednesday morning for a reported deceased body.  After investigation it was determined the deceased male was 27-year-old Devin Alexander Davis of Villisca.  Davis was found to have suffered from an apparent single gunshot wound.

After further investigation it was discovered that a confrontation had occurred earlier that morning between Davis and 39-year-old Kevin Duane Staley of Red Oak.  During that confrontation Staley allegedly shot Davis.  Law enforcement officials then obtained a search warrant for Staley’s residence at 502 W Coolbaugh Street in Red Oak and then found Staley inside the home. He was taken into custody without incident around 12:40pm by the Red Oak Police and Montgomery County Sheriff’s Office.

Staley was taken to the Montgomery County Jail and held on $100,000 cash bond.  He has been charged with Voluntary Manslaughter, a Class C Felony. It is believed that this is an isolated incident and there is no threat to the rest of the community.   The investigation is ongoing.

Red Oak Police are being assisted by the Iowa Division of Criminal Investigation, Red Oak Fire and Rescue, Montgomery County Sheriff’s Office, and Montgomery County Attorney’s Office.

The Iowa Court of Appeals today (Wednesday) denied a request for post-conviction relief (PCR) by a man convicted in Pottawattamie County of kidnapping a woman, beating her, handcuffing her and leaving her to die. Bryan Keith Bay was convicted of 1st degree kidnapping and sentenced to life in prison for the May 2012 incident with his victim, Tabitha Proplesch. She was found in a truck near Crescent.

He ultimately appealed to the Post Conviction Relief Court, arguing that he had ineffective assistance from his stand-by counsel, with regard to his right to counsel, which he had waived during his trial. The Appeals Court affirmed the order denying his PCR application on the grounds that had been addressed by the PCR Court.

For more on this case: http://www.iowacourts.gov/About_the_Courts/Court_of_Appeals/Court_of_Appeals_Opinions/Recent_Opinions/20171011/16-1536.pdf

Officials with the Nishna Valley YMCA in Atlantic report the YMCA will present a Family Fun Friday at the Y (located at 1100 Maple Street in Atlantic) on October 13th from 7-9pm. The night includes Roller Skating in the main gym thanks to Platime Roller Rinks’ donation of their skating equipment (Please note: outside use skates or inline skates are not allowed on the gym floor). Laser Tag will take place in the back gym, for all ages. A Bounce House will be available in the racquetball court, and there will be concessions available.

The cost for the entire family is only $16. Or, one child is only $8 and a parent gets in for free. For more information you can call the YMCA at 712-243-3934 or stop by the YMCA at 1100 Maple Street, Atlantic Iowa.

Cass County Treasurer Tracey J. Marshall appeared before the Cass County Board of Supervisors today (Wednesday), to explain expenses she incurred with regard to findings in a recent State Auditor’s report which reviewed Cass County employee travel and other expenses. The Audit report determined some officials used County credit cards improperly and a county employee was doing non-beneficial work on County time. The review was for the period of July 1, 2014 to June 30, 2016.

The report showed there was $1,334.39 worth of improper and unsupported disbursements made by County Employees. The Auditor said $590.53 was for improper disbursements, $743.86 is considered to be unsupported disbursements. The report was conducted as a result of citizen concerns regarding the frequency of County Treasurer Tracey Marshall’s travel and certain purchases made using a County credit card.

During her meeting with the Supervisors, Marshall said one of the expenses was for 30 miles not on the claim that should have been, because she forgot to reset her vehicles’ trip odometer, and did not properly identify where she went. Auditor Dale Sunderman said that County Officials, whether they serve as township officers or courthouse employees, need to have as much supporting documentation for their expenses as possible. More specifically, the date and where the meeting was held needs to be included in a claim. In Marshall’s case, she was able to back track where she went and the proper mileage. For all instances where mileage was cited as unsupported, Marshall agreed to repay the county. That amounted to $54.65.

Sunderman said the rest was accounted for and verified and the Board agreed the remainder of Marshall’s expenses was reasonable. The Board agreed also, that they have to play a more active role in reviewing employee claims and other, related matters on a timely basis. Supervisor Steve Green said they’re taking steps to follow the audit recommendations. In the future, that may include cutting back on the number of County credit cards issued, and stricter penalties for those who don’t support their expenditures with valid paperwork. There approximately 15 county-issued credit cards the hands of County employees or available in the various offices for them to use.

The Iowa Department of Public Health is reporting a second death from the mosquito-borne West Nile virus.  Department Medical Director Patricia Quinlisk says lab results confirm 10 cases across the state with several more under investigation. “To be honest a lot of people who have West Nile will have no symptoms whatsoever. It’s just the very unlucky few that get seriously ill with it and unfortunately every once in a while someone doe die of this disease,” according to Quinlisk.

The disease is carried by mosquitoes and Doctor Quinlisk says one way to reduce the risk of getting sick is to use ample amounts of insect repellent containing DEET and wear long sleeves and pants in areas prone to have mosquitoes.  She says even with cooler temperatures, you still face the threat of being infected. “The mosquitoes that carry West Nile actually are more prevalent now than they were at the beginning of the summer and we are still having cases of West Nile reported to us,” Quinlisk says.

She says use the preventative measures until the mosquito threat is over. “We will continue to see West Nile activity in Iowa until we get that first hard frost that kills all the mosquitoes,” Quinlisk explains. Quinlisk says West Nile virus can cause high fevers and brain-swelling.  The first West Nile death was reported September 29th.

(Radio Iowa)

Authorities in Montgomery County are investigating an apparent homicide.  At approximately 4:17-a.m. today (Wednesday), Montgomery County Communications received a call of a person lying near the street in the 200 block of East Grimes Street in Red Oak.  Red Oak police responded and found the individual deceased from an apparent gunshot wound.

Agents from the Iowa Division of Criminal Investigation were notified and they arrived on scene and began their investigation.  KETV in Omaha reports a woman was taken into custody. No names have been released at this time.  Agencies assisting include the Montgomery County Sheriff’s Office, Iowa Department of Criminal Investigation, Red Oak Fire Department, Montgomery County Emergency Management, Montgomery County Attorney and the Montgomery County Coroner.

More area and State news from KJAN News Director Ric Hanson.

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