MONTEZUMA, Iowa (AP) — Part of the case against a former farmhand charged with first-degree murder in the killing of 20-year-old University of Iowa student Mollie Tibbetts appears to be in jeopardy because an officer failed to properly read him his Miranda rights.

Prosecutors have agreed to exclude at trial some statements that 25-year-old Cristhian Bahena Rivera made to police, the Des Moines Register reported . Court documents prosecutors filed Friday acknowledge that the initial Miranda warning given to Rivera around 11:30 p.m. on Aug. 20, 2018, was incomplete because the officer “inadvertently” failed to inform Rivera that anything he said could be used against him in court.
His Miranda rights were accurately read to him a second time at 5:50 a.m. the following day as police were in a cornfield where Tibbetts’ body was found.

Tibbetts disappeared while out for a run July 18, 2018, in Brooklyn, Iowa. Investigators recovered her body a month later. She had been stabbed to death. Prosecutors agree in their filings Friday that any statements Rivera made between 11:30 p.m. and 5:50 a.m. should be suppressed but argue they should be able to use those statements to rebut testimony. Defense attorneys for Rivera want the statements fully suppressed.

Chief Deputy Attorney General Eric Tabor on Friday declined to comment or answer questions about which of Rivera’s statements would be excluded from trial evidence. Police have said Rivera led them to Tibbetts’ body after confessing during a lengthy interrogation to following Tibbetts in his car, getting out on foot and chasing after her. Rivera told investigators that he panicked after Tibbetts threatened to call police on her cellphone. Police said Rivera told investigators he blacked out and later came to when he was unloading her bloody body from the trunk of his car.

Rivera is set to appear in court Oct. 22, when a judge will decide what evidence will be allowed at his trial, which is set to start in February.

DES MOINES, Iowa — The Division of Criminal Investigation’s (DCI) Major Crimes Unit said Friday afternoon, they are continuing to investigate an officer-involved shooting that took place late Thursday night, in Stuart. Authorities say once the investigation is complete, the DCI will provide the Adair County Attorney’s Office with all reports, evidence, and body camera video collected as part of this investigation. This process may take several weeks to complete.

Authorities investigate the scene after multiple law enforcement officers were shot Thursday, Oct. 17, 2019 in Stuart, Iowa. A man opened fire on sheriff’s deputies serving a warrant at a central Iowa apartment complex overnight, wounding two of them and setting off a gunbattle in which he, too, was wounded, authorities said Friday. (Zach Boyden-Holmes/The Des Moines Register via AP)

At this time, the DCI is releasing the following information concerning the shooting investigation:

On October 17, 2019, at approximately 10:40 p.m., Guthrie County Deputy Kent Gries, Guthrie County Deputy Steven Henry, Guthrie County Deputy Jim Mink, and Stuart Police Officer Tyler DeFrancisco attempted to serve an arrest warrant on 52-year old Randall Comly at 615 SW 7th Street, Apartment #1, in Stuart. The law enforcement officers were attempting to arrest Comly on outstanding felony warrants.

The officers knocked on the apartment door, where they were met by an adult male, not Randall Comly. The officers entered the apartment, and while searching for Comly, the officers were met with gunfire. The officers returned fire. In the exchange of gunfire two deputies sustained non-life threatening gunshot wounds and a third deputy sustained a gunpowder burn. Comly sustained a non-life threatening gunshot wound. All those injured were transported to Des Moines hospitals. Also inside the apartment at the time of the shooting were two adult females, neither of which was injured.

More than 50 police officers, deputies, and troopers responded to the report of shots fired. Arriving officers were able to secure the area, evacuate neighbors, negotiate a peaceful ending to the incident, and take Comly into custody. He is currently is in law enforcement custody at a Des Moines Hospital on outstanding warrants. No criminal charges have been filed related to this shooting.

Deputy Kent Gries is a 13-year veteran of the Guthrie County Sheriff’s Office. Deputy Steven Henry is a seven-year veteran of the Guthrie County Sheriff’s Office. Deputy Jim Mink is a five-year veteran of the Guthrie County Sheriff’s Office. Officer Tyler DeFrancisco has one year of service with the Stuart Police Department.

DES MOINES, Iowa (AP) — In the weeks after an August groundbreaking ceremony for a $136 million federal courthouse, an unusual building has slowly arisen in the heart of downtown Des Moines. The two-story white building with wood siding and a gable roof would fit in well in the suburbs but at this spot, along the Des Moines River and facing the three-story elegant City Hall, it’s an oddity. Even a city spokesman expressed puzzlement at the house going up downtown.

Project manager Brad Thomason said builder Ryan Companies opted for a building rather than more common trailers for staff because a lot of space was needed on a small site. Office space for up to 24 people was required, and there wasn’t room at the 2-acre site for so many trailers. Thomason also noted that after the seven-story courthouse is completed in 2022, workers will deconstruct the house, which was built with screws rather than nails. All will be reused or donated except components such as insulation and wiring, which will be recycled.

IOWA CITY, Iowa (AP) — The Iowa Supreme Court has ended an effort in Iowa City to save an elementary school, saying that even as residents are voting on a preservation proposal, the district has a right to ignore their views and demolish the building. The decision Friday comes on a lawsuit brought by Iowa City Community School District patrons in 2017, after the school board refused to place on a special election ballot a measure asking voters whether to approve demolition of Hoover Elementary School. The school was dedicated in 1954 by former President Herbert Hoover, an Iowa native.

The state supreme court reversed a lower court’s ruling ordering the vote be held. The high court says state law only allows voters to weigh in on the sale, lease or other disposition of property, not demolition of property. Early voting on the measure opened two weeks ago. Johnson County officials now say votes on the issue won’t be tallied.

(UPDATE 10/21) – She has been found safe. Thank you!

Police in Glenwood are asking for your help in locating a Glenwood teen who has been missing since Thursday. Authorities have circulated a picture of 15-year old Brooklyn Handley. She was last seen wearing black leggings and a hoodie, but authorities say she has probably already changed clothes. If you have seen her or know where she is,  call the Glenwood Police Department at 712-527-4844. No other details concerning her disappearance are currently available.

Brooklyn Handley