CLINTON — The State of Iowa filed a petition to revoke the deferred judgement of a Clinton man, alleging he violated probation terms.
Assistant Clinton County Attorney Amanda Myers filed a petition to revoke the deferred judgement of Cody L. Graves, 24, 334 21st Place. Defense attorney John Kies is appointed to represent Graves. A revocation hearing is set for 11:15 a.m. Feb. 22.
District Court Judge Nancy Tabor on Aug. 24 granted Graves a deferred judgement for one count of second-degree theft, a Class D felony. Graves was placed on probation for three years with the Seventh Judicial District Department of Correctional Services unless sooner released by the court upon the recommendation of the probation officer. Conditions of probation included payment of all costs and fees imposed, successfully completing any recommended treatment, abstaining from the use of controlled substances, maintaining employment and any other condition imposed by the probation officer.
According to the affidavit, at 1:25 p.m. March 7, a Wal-Mart loss prevention associate watched a video of two men, later identified as Graves and another individual, pretend to use the self-checkout machine and then leave without paying for $177.26 in clothing and lighters. The prevention associate stated another Wal-Mart employee notified him they suspected two individuals of stealing items so the loss prevention associate reviewed the video and confirmed the theft. The loss prevention associate reported the theft on March 16 to an officer but did not know the identity of the suspects at the time.
The loss prevention associate at 8 p.m. March 16 noticed Graves and the other individual enter Wal-Mart. The loss prevention associate said he watched the two individuals select an HP Pavilion computer and a printer valued at a combined $708.47. The loss prevention associate said they went past the registers and toward the exit doors without paying for the items. The loss prevention associate said he tried to stop them but they ran out the exit doors.
The affidavit continues that at 2 p.m. March 27, an officer responded to Wal-Mart for a trespassing complaint. The loss prevention associate reported the two males were inside Wal-Mart. The loss prevention associate made contact with the two males, who fled the store with a baby monitor and a Roku streaming box, both valued at $129.