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.

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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)

The Cass County Sheriff’s Office wants the public to be aware of a scam that is circulating wherein someone calls the victim, claiming to be from a computer place, tells you there is something wrong with your computer, and asks you to log them on to fix it. Once you do that, the caller locks your computer and says you need to make a payment to them to unlock your computer. This is a scam! Do not allow individuals to log onto your computer unless you have sought them out for computer help yourself. If you receive a call like this, hang up.

The first extreme heat wave of the summer is forecast for Iowa this week, with highs in the 90s and the heat indexes in the 100s. With events like RAGBRAI and the State Softball Tournament occurring this week, The Iowa Department of Public Health (IDPH) reminds Iowans even young and healthy individuals can have a heat-related illness if they are active during hot weather.

“After a week of mild temperatures and relatively low humidity, this wave of heat will be a big adjustment for many. People suffer heat-related illness when the body’s temperature control system is overloaded. The body normally cools itself by sweating. But under some conditions, sweating just isn’t enough,” said IPDH Medical Director, Dr. Patricia Quinlisk. “In such cases, a person’s body temperature rises rapidly. Especially when the humidity is high, sweat will not evaporate as quickly, preventing the body from releasing heat quickly.”

Although anyone at any time can suffer from heat-related illness, the people are at greatest risk include:

People age 65 or older
Infants and young children
Overweight individuals
People who are performing manual labor or exercising outdoors
People who have a chronic illness, especially those with heart disease or high blood pressure, or who take certain medications, such as those for depression, insomnia, or poor circulation.

To protect your health when temperatures and humidity are high, remember to keep cool and use common sense. The following tips are important:

Increase fluid intake, regardless of your activity level. The best way to tell you are well-hydrated is if your urine is light yellow. If it gets dark, stop and rehydrate by drinking water immediately.
If experiencing a lot of sweating, replace salt and minerals by eating foods like bananas and salty crackers, or drink rehydrating beverages that contain salts such as sports drinks, and special rehydration fluids.
Choose lightweight, light-colored, loose-fitting clothing and wear sunscreen.
Wear hats that shade your face such as sun hats, visors, etc.
Keep in the shade or air conditioned areas as much as possible.
Work slowly if you are not used to working or exercising in heat and humidity. Stop immediately if you get dizzy, nauseated, or feel weak. Go into an air conditioned space and drink cool liquids.
Use a buddy system. Watch others for heat-induced illness, since some people may not realize that they are suffering heat-related illnesses and can become confused or lose consciousness.
For more information about preventing heat-related illness, visit http://emergency.cdc.gov/disasters/extremeheat/heat_guide.asp.

MONONA-HARRISON-SHELBY-POTTAWATTAMIE-MILLS-MONTGOMERY-FREMONT-
PAGE COUNTIES; 1055 AM CDT MON JUL 21 2014

…HEAT ADVISORY REMAINS IN EFFECT UNTIL 8 PM CDT TUESDAY…

A HEAT ADVISORY REMAINS IN EFFECT UNTIL 7-P.M. TUESDAY FOR THE REST OF WESTERN IOWA.

* TEMPERATURE…HIGHS THIS AFTERNOON WILL BE IN THE 90S TO AROUND 100 DEGREES.

* TIMING…HEAT INDEX VALUES WILL PEAK BETWEEN ABOUT 103 AND 110 DEGREES AT MOST LOCATIONS BETWEEN 4 PM AND 6 PM…THEN SLOWLY DECREASE OVERNIGHT. HEAT INDEX VALUES WILL AGAIN TOP OUT FROM 105 TO 110 DEGREES TUESDAY.

* IMPACTS…THE COMBINATION OF HOT TEMPERATURES AND HIGH HUMIDITY WILL COMBINE TO CREATE A SITUATION IN WHICH HEAT ILLNESSES ARE POSSIBLE. THE YOUNG AND ELDERLY ARE ESPECIALLY AT RISK TO THE HEAT AND HUMIDITY…CHECK UP ON RELATIVES AND
NEIGHBORS IF THEY DO NOT HAVE AIR-CONDITIONING.

PRECAUTIONARY/PREPAREDNESS ACTIONS…

A HEAT ADVISORY MEANS THAT A PERIOD OF HOT TEMPERATURES IS EXPECTED. DRINK PLENTY OF FLUIDS…STAY IN AN AIR-CONDITIONED ROOM AND STAY OUT OF THE SUN. CHILDREN AND PETS SHOULD NEVER BE LEFT UNATTENDED IN VEHICLES UNDER ANY CIRCUMSTANCES. THIS IS ESPECIALLY TRUE DURING WARM OR HOT WEATHER WHEN CAR INTERIORS CAN REACH LETHAL TEMPERATURES IN A MATTER OF MINUTES.

Sioux City wrapped up its commemoration of the 25th anniversary of the crash of United Airlines Flight 232 Sunday. A gathering at the Mid American Museum of Aviation and Transportation honored the 112 people who lost their lives in the 1989 crash, and a garden of reflection was dedicated in their honor. Captain Al Haynes, the pilot who guided in the stricken D-C-10 airliner and helped 184 people survive, was greeted with a standing ovation by a crowd of several hundred.

United Flight 232 with visible tail damage. Photo taken just before the plane landed, cartwheeled and exploded in Sioux City, in 1989.

“We are very grateful and very appreciative of everything that took place in Sioux City,” Haynes says. “And I don’t know how we can possibly explain to you — everybody’s tried — how much has come out of Sioux City. The way pilots are trained, the way flight attendants are trained, the way fire departments are trained, the communications services…that all came out of 232 and what all of you did.”

Jerry Schemmel survived the crash and went on to have a successful sportscasting career with Denver sports teams. Schemmel noted that everyone has a different way of coping, and while many moved forward, others were not able to. “But the world needs to know that out of this terrible tragedy there has also come great triumph for many of us,” Schemmel says. “There are endless stories of survivors and family members of those who have died who have picked up the pieces, who have dusted themselves off, who have moved on and refused to allow the crash of flight 232 and its aftermath to dictate their lives and take away their dreams. Fortunately, there are many more of those stories than the others.”

Schemmel says he will never forget those who died in the crash and says he keeps a list of their names with him in his daytimer. The names of the 112 people who died in the crash were read at the ceremony by the presidents of Briar Cliff University and Morningside College.

(Radio Iowa)

The Atlantic Area Ambassadors visited Tropical Sno recently, a shaved ice shack that serves flavored sno cones. Matt Mullenix and his family own Tropical Sno and explained to Ambassadors how the product is made. Tropical Sno is different from other sno cone businesses because the ice is shaved by a blade rather than crushed, allowing the ice to absorb all of the flavoring. Tropical Sno is open week nights from 6 p.m. to 10 p.m.

Mullenix Family Pictured: Collin, Matt, Michelle, Chloe, and Chase Mullenix
Ambassadors Pictured: Pat McCurdy, Ali Krogman, Rich Perry, Nedra Perry, Debbie Leistad, Sue Muri, Dolly Bergmann, Bill Saluk, JoAnn Runyan, Kathie Hockenberry, Tammy Waters, Carol Sedden, Tara Jennerjohn, Karry Jepsen, Karl Aldag, Lucas Mosier, Donnie Drennan, Doug Harris, Keith Leonard, Steve Anderson, Gerhard Marburg, Doreen Ellsbury, Tyler Mosier, Jim Kickland, Dr. Mitch Peerbolt & David Schwab.
(Chamber photo)

w/ Ric Hanson

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DES MOINES, Iowa – A big weekend is approaching for military veterans across the region who are ready to take their boots from the battlefields to the farm fields. The Midwest Conference for Farmer Veterans aims to connect vets and service members considering a career in agriculture with information and resources on everything from land access to food safety.

“For example, USDA,” says Matt Russell, state food policy project coordinator of the Agricultural Law Center at Drake University. “The USDA has tremendous programs to help family farmers. “If you didn’t grow up in agriculture, you might not understand all of those resources. So, just helping them navigate that, that would be one of the services that we’re providing as well.”

The farmer veterans conference will be held this Friday and Saturday at Drake University in Des Moines, and will include a tour of a diverse farm operation. More than 40 percent of military members come from farms and small towns, so Ed Cox, chairman of the Farmer Veteran Coalition of Iowa and staff attorney of the Agricultural Law Center at Drake University, says it’s also a vital for rural development to help veterans put down roots and grow a career in agriculture.

“So, if we can get these people that have a record of service to their country back in those rural communities, not only as farmers, but as leaders in the community, it can be a very valuable asset for those rural communities,” he says.

Cox also notes that some returning veterans are looking for a continued sense of service and purpose, and with farming, they can get that by helping to feed their communities and their country.

(Iowa News Service)

New versions of vintage toys from the 1950s and ’60s are helping to prod business leaders around the nation into building their next facility in Iowa. Tina Hoffman, spokeswoman for the Iowa Economic Development Authority, says about 25-hundred key corporate leaders across the U-S are receiving green-and-white care packages from the Hawkeye State. “We have a targeted list of prospects that we’re going out to,” Hoffman says. “One of the things that we’ve done is to send them things that are kind of different, that they’ll keep on their desk and will put Iowa at the top of their mind when they are considering their next business expansion or relocation project.”

The Viewmaster and discs.

One of the incentive gifts is a rebranded Viewmaster. It resembles a pair of binoculars but instead of being used to see far-away objects, several color photos of Iowa are pre-loaded in the devices.  “We have included with them one disc and there are about eight pictures,” Hoffman says. “It talks about everything from quality of life to business climate to commute times, all of those things that are important when you’re looking at a new business location.” While stereo-scopes were around decades earlier, the Viewmaster became a very popular toy starting in 1966, so there’s a clear, nostalgic appeal to business leaders who are in the Baby Boomer Generation.

“We also have done the Magic Eight Ball,” Hoffman says. “That’s a pretty cool thing. When you ask the Eight Ball a question, the answer always comes up, ‘Iowa.’ There are several different specific answers but ultimately, it’s always Iowa.” Each device costs about 15-dollars but Hoffman says it’s worth the price. Since January of 2011, she says the office has been working with projects that will result in more than nine-BILLION dollars in capital investment in Iowa.

(Radio Iowa)