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Appeals Court rules school could search player’s gym bag

News

June 24th, 2015 by Ric Hanson

The Iowa Court of Appeals rules the Dunkerton School District superintendent’s search a football player’s gym bag in 2013 was legal. Mar’Yo Lindsey was seriously injured during a football game and was taken to the hospital. Lindsey asked about his gym bag several times — which raised concern and prompted the Dunkerton superintendent to confiscate and search the bag.

The search turned up a loaded gun and drug paraphernalia. Lindsey was charged and later convicted of possession of a firearm as a felon, carrying weapons on school grounds, going armed with a dangerous weapon, and possession of a controlled substance.

The district court denied Lindsey’s request to throw out the evidence on the grounds the search of the gym bag was an unconstitutional invasion of his privacy. The Iowa Court of Appeals upheld Lindsey’s conviction — saying as a student athlete using a school-issued equipment bag — Lindsey had a lowered expectation of privacy.

The court says the superintendent knew of previous drug and weapons charges against Lindsey, and Lindsey’s preoccupation with his bag while in the hospital would have led a reasonable person to suspect the bag contained something illicit. Lindsey is serving consecutive sentences on the charges, which means he could spend five years in jail.

(Radio Iowa)

Court of Appeals sends brass knuckle case back to district court

News

June 24th, 2015 by Ric Hanson

The Iowa Court of Appeals says there’s not enough evidence in a Polk County case to show that brass knuckles are a dangerous weapon. Jason Eaton was pulled over in April of 2014 after a deputy noticed the windshield on his pickup was cracked. Eaton told the deputy he had a set of brass knuckles in the glove box because friends of his ex-girlfriend had been bothering him.

Eaton was charged and entered a written plea to carrying weapons. He later asked to have the plea thrown out — saying his lawyer had given him insufficient representation as prosecutors did not prove the brass knuckles were a deadly weapon. The Iowa Court of Appeals says there is a question as to whether all brass knuckles can be considered deadly. It says there was no evidence presented, and Eaton did not admit that his set of brass knuckles were deadly.

The Appeals Court vacated Eaton’s sentence, but sent the case back to district court to allow the state a chance to present more evidence on whether Eaton’s brass knuckles may be a deadly weapon.

(Radio Iowa)

3 arrests in Mills County

News

June 24th, 2015 by Ric Hanson

The Mills County Sheriff’s Office says a Bellevue, NE., man was arrested Tuesday night on drug charges. 20-year old Chey Matthew Bullis faces charges that include Possession of a Controlled Substance and Possession of Drug paraphernalia after the Mills County K-9 was used to locate the drugs. Bullis was being held on $1,300 bond in the Mills County Jail.

On Monday, deputies in Mills County arrested 45-year old Tony Dennis Gustin, of Omaha. Gustin was charged with Theft in the 2nd degree and hold on $2,000 bond.

And on Sunday, 19-year old Mariah Clare Storrow, of Plattsmouth, NE., was arrested in Mills County on a warrant for Failure to Appear in court. Her bond was set at $1,000.

(12-p.m News)

Atlantic woman arrested for assault

News

June 24th, 2015 by Ric Hanson

The Atlantic Police Dept. reports the arrest on Tuesday of 26-year old Kasandra Mesa. Officials say the Atlantic woman was arrested on a charge of Domestic Abuse Assault. Mesa was booked into the Cass County Jail.

Court: Iowa universities can’t be sued for unpaid state fees

News

June 24th, 2015 by Ric Hanson

IOWA CITY, Iowa (AP) – Iowa’s public universities can’t be sued for allegedly refusing to pay their share into a state program that subsidizes insurance for Iowans with health risks. The Iowa Court of Appeals upheld the dismissal Wednesday of a lawsuit that seeks millions in assessments from the University of Iowa, Iowa State University and the University of Northern Iowa.

The Iowa Individual Health Benefit Reinsurance Association contends that the universities, like other agencies that offer self-funded health insurance plans, are legally required to pay those fees. ISU and UNI had paid them for years but all three universities refused to participate when the University of Iowa became self-insured in 2010. The Board of Regents contends the schools aren’t covered by the law.

The court says the program doesn’t have the authority to sue.

Hit-and-run accident north of Exira Tue. Night

News

June 24th, 2015 by Ric Hanson

The Audubon County Sheriff’s Department is investigating a hit-and-run accident that caused $10,000 damage north of Exira, Tuesday night. Officials say a 1992 Toyota pickup was hit from behind at around 11-p.m. on 280th Street, near Highway 71. The vehicle responsible for the damage backed-off and hit the pickup again before accelerating and shoving the pickup into the north ditch, where the vehicle hit a culvert.

The suspect vehicle, light colored, possibly large passenger car, continued westbound on 280th Street. The driver of the pickup was not hurt. Anyone with information about the incident is asked to call Audubon County Crimestoppers at 712-563-2234, or the Audubon County Sheriff’s Office at 563-2631. A Crimestopper’s reward is being offered leading to the arrest and conviction of the person involved in the incident.

Atlantic School Board fills last 2 positions for 2015-16

News

June 24th, 2015 by Ric Hanson

Members of the Atlantic School District’s Board of Education, Tuesday evening, acted on approving the hiring of persons to fill two teaching positions, which completes the process for the 2015-16 school year. Contracts were approved for 8th grade Science teacher Kara Martin, and 5th grade Elementary teacher Chelsea Germer.

The Board also reviewed staff reductions for the upcoming school year. The District has made cuts amounting to nearly $340,000 through certified staff reductions and $150,000 in para-educator salaries, for a total of about $490,000.

Dozens gather for Adair-Casey Community meeting Tue. Evening

News

June 24th, 2015 by Ric Hanson

About 110 people gathered at the Adair-Casey High School Tuesday evening for a Community Meeting on current enrollment numbers and district finances, and to discuss the results of a recent community survey, along with options for the district’s future and potential Whole Grade Sharing partners.Adair-Casey logo

Adair-Casey Superintendent Steve Smith told KJAN News, he hopes those who attended the meeting and viewed a PowerPoint presentation, came away with a firm sense of what it was the Board intends to do with regard to the future of the district. He said the Board is committed to Whole Grade Sharing.

The District has explored its options with regard to Whole Grade Sharing, reaching out to the CAM, Guthrie Center and West Central Valley School District Board of Education and holding discussions with those entities. Smith said the decision on what course of action they will take is coming soon. He said they plan to narrow down their choice in July or August [late Summer or early Fall]. Smith says the decision will affect not only Adair-Casey, but plans other districts may already have in-place, so it’s not a decision they’ll make lightly.

According to the Iowa Dept. of Education, 17-percent of school districts in Iowa are involved in Whole Grade Sharing. 26 districts didn’t offer high schools, seven new districts merged in 2014-15 and one district dissolved. Since 1984, there are 101 fewer schools districts, in Iowa.

In the PowerPoint presentation to district patrons, the Board explained it’s goals are to: Put children and academics 1st; Provide direction for the future of the district based on data; Maintain a pre-K through 8th grade facility; preserve local control over decision that impact the communities; and listen to all constituents’ views and opinions.

The current data shows next year’s enrollment will not support a balanced budget at Adair-Casey, and that eight out of 13 classes will have less than 20 students, in-all. For 2015-16, the enrollment data shows A-C will be down about 15 students, which means $100,000 less revenue for the district. An additional 15 students will be lost for the 2016-17 school years, creating a $195,000 financial impact, lowering the district’s cash reserve and spending authority.

More information is on the PowerPoint presentation that you can view for yourself on the district’s website at http://www.accs.k12.ia.us/a-c-community-meeting-62315.cfm

Non-injury accident in Griswold

News

June 24th, 2015 by Ric Hanson

The Cass County Sheriff’s Office says no injuries were reported following an accident Tuesday afternoon, in Griswold. The mishap happened at around 4-p.m., in the alley between 4th Street and Highway 92, in Griswold. Authorities say a 2013 Chevy Equinox owned and driven by 58-year old Debra Lee Alexander, of Griswold, was backing from a residential drive into the alley when the vehicle struck a westbound 2004 Buick Lesabre owned and driven by 81-year old Virginia Lou Askeland, also of Griswold. Damage from the collision amounted to $4,600.

4 arrests in Creston

News

June 24th, 2015 by Ric Hanson

The Creston Police Department reports four arrests and an incident of theft. Officials say 28-year old Kevin Jungers, of Lenox, was arrested Tuesday night near the intersection of Spruce and Irving, on Possession of Controlled Substance and Possession of Drug Paraphernalia, charges. And, early this (Wednesday) morning, 26-year old Dusten Thrasher, of Creston, were arrested on similar charges. Both men were being held in the Union County Jail on $1,000 bond, each.

In addition, 37-year old Lindsey Frey, and 34-year old Jeremy Seddon, both of Creston, were arrested Tuesday, on Union County warrants for Probation Violation. Frey was later released on $10,000 bond, while Seddon remains in the Union County Jail awaiting a bond hearing.

And, a Creston resident reported to Police Tuesday afternoon, someone took a cordless DeWalt Hammer Drill from his shop sometime between Noon and 5-p.m. on Monday. The same person said someone smashed out the back window of his truck and took two car batteries from his shop located near his residence. That happened sometime between 5-pm June 19th and 5-pm June 22nd.