(Radio Iowa) — The Iowa Supreme Court heard oral arguments in Red Oak Tuesday evening in a review of an Iowa Court of Appeals decision that reversed a murder conviction in northwest Iowa. An Emmet County jury found Lee Samuel Christiansen of Estherville guilty of second-degree murder in the 2016 shooting death of Thomas Bortvit. Bortvit had been seeing a woman Christiansen had dated and his defense argued he should be found guilty of involuntary manslaughter. Christiansen appealed the verdict alleging jurors found him guilty of a more serious charge because of a Facebook post threatening a riot if he wasn’t found guilty of first-degree murder. Assistant Attorney General Tyler Buller asked the Supreme Court justices to vacate the appeals court’s ruling that the jury was prejudice — arguing it was based on innuendo — and not the fact finding used in the district court’s decision.

“What we have in this case is something that’s happened in every Iowa courtroom going back 150 years,” Buller said. “Every time there is a small town, high profile prosecution, there are rumors, there’s innuendo, and there’s gossip. This case is nothing more than that, with the added twist of 21st Century technology.” Iowa City Attorney Leon Spies represented Christiansen, and argued social media tainted the jury’s ruling. “Mr. Christiansen had the right to have a trial decided by 12 impartial jurors–not 11, not 10,” Spies said. “The other aspect of this case, besides the misconduct issue, is the bias issue. And, the bias issue is the one, I think, that gives pause to any comfort being found in Mr. Christiansen being found guilty of only second-degree murder.”

Justice Edward Mansfield questioned whether the alleged Facebook post had any impact in the jury’s murder conviction. “What we’re talking about is a Facebook post of a rumor of a riot,” Mansfield said, “and then somebody talked about that post to a juror, and it’s not even clear if that was discussed prior to the murder verdict having been reached.” Chief Justice Mark Cady says the justices will continue to deliberate on the case, and file a ruling within “a couple of months.”

(Radio Iowa) — A report from the Iowa Division of Criminal Investigation has cleared a Creston police officer in a fatal shooting. Sergeant Jared Auten will not face any criminal charges. The incident which happened back in mid August involved several officers responding to a person in McKinley park with a weapon. The person later identified as Christopher Cameron did not respond to officers commands as he remained in a position of concealing an item in his right hand. Cameron eventually after several attempts by officers to get him to show his hands advanced on Sergeant Auten. It was found that Auten acted appropriately and within the scope of his lawful duty as a peace officer in a life threatening situation.

MASON CITY, Iowa (AP) — A woman has been accused of stealing prescription drugs turned in to the Mason City Police Department. Cerro Gordo County court records say 43-year-old Melinda Severs, of Dumont, is charged with two counts of unlawful possession of prescription drugs. The records don’t list the name of an attorney who could comment for her. Severs’ next hearing is scheduled for Oct. 26.

Authorities say Severs was working as an administrative assistant for the department when she took the medications. The department building is a collection site for unused and unwanted medicines.
Police Chief Jeff Brinkley says Severs no longer works for his department.

BELLEVUE, Neb. (AP) — Decades after they died, the military is seeing a surge in identifications of U.S. service members who had been classified as missing in action.
The number of identifications is expected to reach 200 this year, more than triple what used to be the norm.
The increase by the Defense POW/MIA Accounting Agency is credited to increased funding and new techniques for tracking remains and identifying them. The soaring number of identifications followed years of complaints that the process was ineffective.
The increase has led to a surge of long-delayed memorial services and burials across the country as families and entire communities honor those killed.
Joani McGinnis, of Shenandoah, Iowa, said her family is planning a service Friday now that they understand what happened to her uncle, Sgt. Melvin. C. Anderson.

(Corrects to indicate the subject is a man) — The Montgomery County Sheriff’s Office reports a man was arrested at the Rodeway Inn in Red Oak, Tuesday afternoon. Following an investigation into an incident at the hotel, 24-year old Adrian Concepcion Gonzalez, of Stephensville, TX, was taken into custody for Obstruction of Emergency Communications. His bond was set at $300. And, 54-year old Deanna Kay Sowers, of Red Oak, was arrested at around 5-p.m. Tuesday, following an incident that occurred in the 1500 block of 150th Street, north of Red Oak. Sowers was booked-into the Montgomery County Jail for Simple Domestic Assault. She was being held without bond, pending an appearance before the magistrate.

A traffic stop in Red Oak at around 2:10-a.m. today (Wednesday), resulted in the arrest of a woman on drug and other charges. Red Oak Police say 35-year old Christina Dawn Short, of Council Bluffs, was taken into custody at around 2:45-a.m. for Possession of a Controlled Substance (Meth) and Driving Under Suspension. Short was being held in the Montgomery County Jail on a $1,000 bond. The Montgomery County Sheriff’s Dept. K9 Unit assisted in the investigation.

At around 11:35-p.m. Tuesday, Red Oak Police conducted a traffic stop on a vehicle with an expired registration. The driver, 20-year old Kevin Ruben Avalos-Ruiz, of Red Oak, was arrested for Driving Under Suspension (4th offense). Avalos-Ruiz was also cited for expired registration and no proof of insurance. He was booked-into the Montgomery County Jail, where bond was set at $566.