CLINTON— A Clinton County District Court judge ordered sentencing be continued for a Clinton man who previously pleaded guilty to one felony and one misdemeanor charge.
Maxwell E. Gerber, 26, 542 S. Fifth St., appeared Thursday in Clinton County District Court for sentencing for willful injury causing bodily injury, a Class D felony; and third-degree theft, an aggravated misdemeanor. Defense attorney Les Blair expressed concern over the pre-sentence investigation report, stating any evaluation given “should be subject to scrutiny.” Blair stated the only information he could receive regarding a test given was what the test is and how it works. He expressed concern the test was biased against the poor and the poorly educated. Blair additionally requested the court allow Gerber to be placed on release pending sentencing. Assistant Clinton County Attorney Ross Barlow stated the State did not have an objection to release but asked Gerber to be placed on pre-trial release.
District Court Judge Nancy Tabor granted Blair’s request for a motion to continue. Tabor also granted the motion to amend conditions of release pending sentencing. Tabor ordered Gerber be placed on pre-trial release with supervision.
According to the affidavit, at 7:07 a.m. July 4, an officer conducted a traffic stop on a black GMC Sierra. The officer stopped a female in the 500 block of North Bluff Boulevard for having an excessive amount of cracks in the windshield. The officer upon exiting the vehicle overheard the female yelling she was taking him to the hospital. The officer walked to the passenger side of the vehicle and recognized the passenger. The male’s hands had dried blood on them and he was holding a bloody shirt against an open laceration on the right side of his head. The officer requested an ambulance to the location for the extent of the injuries. The male stated he was struck in the head with a metal pipe or bar by Gerber. Few details were given by either subject at the time. The male refused to be transported by the Clinton Fire Department. The officer allowed the female to continue to drive the male to Mercy North Hospital for treatment. A couple of photographs were taken of the male’s injury to his head.
The affidavit states an officer arrived at the hospital a short time later and made contact with the female in the parking lot. The female stated an individual drove the female and the victim to the 700 block alley between Eighth and Ninth avenues south to a garage behind the individual’s residence. Gerber was standing outside speaking with a male, holding a metal pipe. The female stated the victim exited the truck holding Gerber’s flashlight and began to walk towards Gerber. The female was still in the back seat of the truck and only heard Gerber yell “you know what” before he stepped forward and struck the victim in the head with the pipe. The female said the victim fell to the ground and Gerber continued to hit him with the pipe. The female exited the vehicle and went to help the victim. The female asked Gerber why he would do that. The female stated Gerber replied he had been good to the victim and the victim took advantage of him.
The affidavit continues an officer went inside the hospital and made contact with the victim. The victim’s shirt was off and he had ice packs to help with the swelling and pain. The officer took more photographs of the victim’s head, which had been cleaned, and photographs of the swelling and bruising on the victim’s back and right shoulder.
The affidavit states the victim said Gerber stole his hat the previous night when they were hanging out at a friend’s house. The victim continued to ask for the hat but Gerber refused. The victim eventually got Gerber kicked out of the residence by the homeowner. The victim said Gerber constantly steals his things, including clothing out of his truck. The victim stated Gerber left a flashlight in his truck and he grabbed it when he went to exit his vehicle. The victim stated he was going to take a picture of Gerber wearing his hat when Gerber attacked without provocation.
According to a separate affidavit, on June 1, an officer was flagged down by a juvenile male in the 300 block of Second Avenue South, advising the officer he believed he located a stolen moped. The juvenile male stated he observed a white male, approximately 6 feet tall, with black hair, wearing a white shirt and dark jeans, pull into the driveway at a residence on a moped that was spray painted black. The subject parked the vehicle at the base of the stairs on the east side of the building and entered the upstairs apartment. The juvenile male further stated he had not observed the subject exit the apartment. The juvenile male stated he observed red paint beneath the black spray paint of the moped. He recalled seeing a Facebook post about a stolen red moped. The juvenile male pulled up the photo of the moped and stated the moped appeared to be similar to the stolen moped.
The affidavit states an officer observed the moped was damaged with red paint showing through the black paint. The moped had an Iowa plate affixed to the rear. The officer ran the plate and was notified by communications the vehicle was entered as stolen. The officer confirmed the identity of the moped with the VIN on the VIN plate. Damage was observed on the front lights, rear and left side of the moped and the ignition was punched out with wires cut.
The affidavit continues that an officer made contact with a female inside an apartment. The female stated a subject had just exited the apartment onto the roof of the building, which was accessed through the apartment. An officer advised he observed a subject on the roof of the building from his location on South Fourth Street. The female said she did not reside at the residence. A male, who identified himself as a resident of the apartment, gave consent for officers to check the roof. An officer located a white male with black hair, wearing a white shirt and dark jeans, on the roof of the building. The subject was identified as Gerber. Gerber was positively identified by the juvenile male as the subject he observed pull up and get off the moped. The juvenile male stated he identified him by his white shirt, dark jeans, black hair and further stated he was the person who drove the moped. Gerber was advised of his Miranda Rights, which he invoked. Gerber was a suspended driver in the state of Iowa.