Bousman pleads guilty to theft

CLINTON — A Clinton man pleaded guilty last week to a felony theft charge.

Daniel R. Bousman, 37, address unknown, appeared Thursday in Clinton County District Court and pleaded guilty to first-degree theft. The State will dismiss one count of second-degree robbery at sentencing, which is set for 9:30 a.m. March 1.

According to the affidavit, at 4:20 p.m. Aug. 19, officers were dispatched to the area of Ace Hardware in the 400 block of Seventh Avenue South in reference to a robbery that had just occurred. The victims were located in the 400 block alley behind the Hop-n-Shop gas station. Officers noticed blood running down both of the arms of one of the victims. He stated he sustained the injuries when he was hit by an individual and fell to the ground. The male’s left forearm and right elbow were cut during the assault. The male also stated he was punched in the face by one male. The second victim stated one of the males took his backpack from his wheelchair as a second male threatened to assault him. The male was also punched in the face several times.

The affidavit states officers observed a video surveillance camera to the rear of Hop-n-Shop and made contact with the manager about the video. The officer made a copy of the video surveillance from Hop-n-Shop in reference to the times of the alleged robbery. The officer was able to watch the surveillance video and the robbery was captured in the video.

Warrant issued in lottery case

CLINTON — An bench warrant will be issued after a Wheatland woman failed to appear for a scheduled plea hearing last week.

Chrystal A. Powell, 34, failed to appear for a plea hearing before the court Thursday, according to the order to issue the bench warrant. District Court Judge Joel Barrows ordered a warrant for Powell’s arrest to secure her appearance for the proceedings. Bond was set at $5,000 cash.

A plea agreement reached between the State and the defense states Powell will plead guilty to theft of a lottery ticket, a Class D felony. The plea agreement says the State will recommend a suspended sentence and the minimum fine, surcharges, costs and attorney fees. Powell will be responsible for restitution resulting from all counts alleged in the trial information. The State will dismiss one count of lottery, forgery or theft of a lottery ticket at sentencing, according to the plea agreement.

According to the affidavit, on June 30, an officer took a report from the Wheatland Day Break regarding stolen lottery tickets. The officer was met by the regional manager for Day Break. She said that on June 29, Powell, an employee, took a two $20 lottery tickets while she was working and did not pay for them. Powell did buy one $30 ticket. Two of the tickets were $20 winners. Powell allegedly took the money for the two stolen tickets. The business had videotape of Powell taking the tickets.

The affidavit continues that the officer went to speak to Powell. Powell at first denied the accusation but then admitted to stealing two lottery tickets. The officer had Powell write out a voluntary statement. The store manager provided the officer with a falsified lottery ticket inventory log reflecting errors in inventory from Powell’s shift on June 29. The store manager copied the video surveillance footage for the officer.

Keith sentenced for probation violation

CLINTON — A Clinton man was ordered to serve 13 days in the Clinton County Jail for violating the terms of his probation for a fourth time.

Jeremy N. Keith, 28, 334 Third Ave. South, appeared Thursday in Clinton County District Court for a hearing on the State’s application for probation revocation. Keith stipulated to violations contained in the report of violation. The court found Keith violated the terms of probation. District Court Judge Joel Barrows ordered Keith to serve a term of 13 days in the Clinton County Jail, with credit for 13 days served. Keith was unsuccessfully discharged from probation.

Keith was sentenced May 12, 2016, for second-degree attempted burglary. A sentence of incarceration not to exceed five years was suspended and Keith was placed on probation for three years to the Seventh Judicial District Department of Correctional Services, unless sooner released by the court. Conditions of probation included Keith residing at and in accordance with the rules of the Residential Corrections Facility, completing payment to the Clinton County Jail, continuing substance abuse counseling and treatment, abstaining from the use of alcohol and controlled substances, submitting to random testing to ensure abstinence, obtaining a mental health evaluation and completing any recommended treatment and obtaining his GED and maintaining employment. Keith previously was ordered to serve sentences of 90 days, 30 days and 20 days in the Clinton County Jail three previous times for violating the terms of probation.

Cushing pleads guilty to felony

CLINTON — A Clinton man pleaded guilty to a felony drug charge.

Ryan P. Cushing, 38, no address given, appeared Wednesday in Clinton County District Court and pleaded guilty to possession of a controlled substance, namely marijuana, with intent to deliver, a Class D felony. The plea agreement says the State will recommend incarceration with the Iowa Department of Corrections for an indeterminate term not to exceed five years and the minimum fine, surcharges, costs and attorney fees, if applicable.

The state will not seek enhancement for prior controlled substance convictions as originally charged. The State will not seek enhancement as a habitual offender as originally charged. The mandatory minimum pursuant to Iowa Code does not apply to this offense. The State will dismiss one count of failure to affix a tax stamp at sentencing, with costs assessed to Cushing. Sentencing is set for 9:15 a.m. March 1.

According to the affidavit, at 8:59 p.m. April 22, 2016, an officer conducted a warrant check on Cushing, who answered the door and was taken into custody without incident. The officer through the open door observed a plastic bag containing marijuana on the couch in plain view. The officer also observed loose marijuana and a plastic one-hitter pipe on a coffee table next to the couch in plain view. Cushing said the marijuana on the couch and everything on the coffee table belonged to him. He also admitted he had marijuana on his person. A knotted plastic bag containing marijuana was located in Cushing’s left front pants pocket.

The affidavit states the officer stepped just inside the front door with Cushing. The officer spoke with the homeowner, who was sitting in the living room. The homeowner said Cushing did not reside with him and has only stayed overnight on occasion in the past. Cushing also claimed he was not currently staying at the residence and was only visiting. The officer asked the homeowner for permission to search the living room area around the couch and coffee table. The homeowner provided both written and verbal consent.

The affidavit continues that during a search of the living room around the couch and coffee table, officers found 13 individually wrapped knotted plastic bags containing marijuana, a bag containing loose marijuana, an unlabeled prescription pill bottle containing loose marijuana and a one-hitter pipe with marijuana residue, a purple one-hitter pipe and a metal push rod with marijuana residue. Loose marijuana, a digital scale with loose marijuana on top and a box of plastic bags were also located on the coffee table. Cushing’s wallet with identification was located on the couch.

The total weight of the marijuana located during the search and on Cushing was 50.6 grams with packaging. The suspected marijuana tested positive for marijuana using the Nartec kit. The residue on the pipe and push rod also tested positive for marijuana using the Nartec kit.

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