CLINTON — A Clinton man pleaded guilty to one felony and two misdemeanor charges.
Darryl C. Walton, 53, appeared Thursday in Clinton County District Court and pleaded guilty to possession of a controlled substance, namely methamphetamine, third offense, a Class D felony; third-degree attempted burglary, an aggravated misdemeanor; and assault with a dangerous weapon, an aggravated misdemeanor.
The plea is an open plea and the court is not bound by the State’s recommendations. 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’s fees. The State will recommend consecutive sentences for the two misdemeanor charges. The State will recommend the two consecutive sentences be ordered to run concurrently with the felony charge. Walton will be responsible for restitution resulting from all counts alleged in the trial information. The State will dismiss one count of going armed with intent and one count of assault causing bodily injury or mental illness at sentencing with costs assessed to Walton.
The court deferred its decision to accept or reject the plea agreement until it receives a Pre-Sentence Investigation report. Sentencing is set for 9 a.m. Feb. 1.
According to the affidavit, at 1:38 a.m. May 15, officers were dispatched to the area of the 200 block of Fifth Avenue South in reference to multiple 911 calls. The caller was unable to give a specific address of the emergency. The first officer to arrive observed several people inside VK Shooters bar. The officer made contact with patrons inside the bar. The patrons told the officer that employees and other patrons were fighting with a person out back in the alley.
The affidavit states the officer went to the 200 block alley between Fifth and Sixth avenues south and observed two individuals holding back Walton. Witnesses indicated Walton was inside VK Shooters and attempting to go behind the counter. The bartender asked Walton on several occasions to stop coming around the bar counter. A bar patron and an off-duty employee escorted Walton out of the bar. Walton started to grab the off-duty employee and ripped his shirt.
The affidavit states Walton was yelling at the patrons and attempting to come back inside the bar. The officer verbally instructed Walton away from the door. Walton allegedly did not respond. The officer physically moved Walton back when he started to approach the officer. Walton was breathing heavy and talking about people following him. The officer patted down the outside of Walton’s jacket and felt a metal object. Walton immediately told the officer the item inside his jacket was a methamphetamine pipe and stated he was smoking methamphetamine. Officers arrived at the scene and assisted in securing Walton, who was subsequently arrested for public intoxication.
The affidavit states an officer located two glass pipes inside Walton’s coat pocket. The officer recognized the two glass pipes were fashioned to smoke methamphetamine or crack cocaine. The officer also located a small clear plastic bag with a crystal substance inside Walton’s jacket. The crystal substance resembled methamphetamine. The suspected methamphetamine with packaging weighed 0.2 grams.
According to a separate affidavit, at 9:33 p.m. Oct. 14, an officer was dispatched for a report of an assault. An officer made contact with a female, who stated she was walking inside her apartment complex and was by the hallway to her apartment when she heard Walton saying he needed his things. The female identified the person as Walton because Walton recently moved out of the apartment complex.
The affidavit continues the female stated she began to quickly walk to her apartment with her 3-year-old son and Walton allegedly followed her. The female stated she told Walton she did not have any of his property. The female said she opened the door to her apartment and let her 3-year-old son inside. The female then went inside and attempted to close the door but Walton had allegedly pushed the door open and grabbed her right arm tightly using his right hand. The female stated Walton entered her apartment and pushed her to the ground in the main living area, causing pain. The female stated Walton exited and she was able to close and deadbolt the door.
The affidavit states the female said Walton continued to kick her apartment door several times. An officer observed the door to the apartment was damaged and broken. The officer additionally observed redness to the right arm of the female. The female stated Walton left the area on a bicycle.
The affidavit continues that the officer later observed Walton on his bicycle in the 600 block of North Riverview Drive. Walton was wearing a dark jacket, white under shirt, blue jean pants, white tennis shoes and had a small amount of facial hair, matching the female’s description. The officer read Walton his Miranda Rights, which were waived.