Violations noted in man previously sentenced to 10 years

CLINTON — A Clinton man is facing two felony drug charges and alleged violations of probation and parole.

Steven E. Struve, 37, 808 S. Eighth St., is charged with controlled substance violation, a class B felony, and failure to affix drug stamp, a class D felony. The Public Defender's Office was appointed to represent Struve. A preliminary hearing is set for 8:30 a.m. Oct. 12.

Derek G. Jones of the State Public Defender's Office on Oct. 3 filed a motion to withdraw. The motion says the State Public Defender was unable to continue representing Struve due to a temporary overload. District Associate Judge Philip Tabor on Oct. 3 ordered the State Public Defender's Office be allowed to withdraw as counsel of record for Struve in the case. It was ordered Attorney John Wolfe be appointed to represent Struve.

Wolfe on Oct. 8 filed a motion to withdraw. Wolfe in the motion declined the court's appointment to represent Struve in his probation revocation proceeding and his new charges. Wolfe in the motion states he was trial counsel for Struve in a different case where he was found guilty of delivery of a controlled substance. The motion states Struve expressed some dissatisfaction with how Wolfe handled the case. Wolfe in the motion states he assumes this will be an issue considered in his appeal filed with the Supreme Court.

"I believe I have a conflict of interest in these appointments," the motion states.

Assistant Clinton County Attorney James McHugh on Oct. 5 filed a petition to revoke probation. The petition alleges Struve violated the terms and conditions of his probation based upon the report of violation. The petition states a warrant should be issued for the arrest of Struve.

Struve appeared April 19 in Clinton County District Court for sentencing for delivery of a schedule II controlled substance, methamphetamine. Chief District Judge Marlita Greve ordered a sentence to the director of the Iowa Department of Corrections for a period not to exceed 10 years be suspended. Struve was placed on probation for a period of three years to the Seventh Judicial District Department of Correctional Services unless sooner released by the court upon recommendation by the probation officer.

Probation/Parole Officer Scott Filseth on Oct. 5 filed preliminary parole violation information. Filseth in the report on Sept. 8 alleges violation of the rule substance abuse. Filseth in the report alleges Struve violated the rule by a positive urinalysis test for other amphetamines. The report alleges violation of supervision conduct on Jan. 3. Filseth in the report alleges after calling earlier in the day on Jan. 3 to reschedule his 11 a.m. appointment to 1 p.m. later that day, Struve was a no call, no show for the 1 p.m. appointment.

The report on Aug. 10 alleges violation of the rules restrictions on movement and supervision conduct. Filseth in the report states the last contact Struve had with Filseth was an office appointment Jan. 15. Struve's next scheduled appointment was set for Feb. 22, which he was a no call, no show. Numerous telephone calls were placed to Struve only to either reach his voicemail or have him call the officer during off hours when Filseth was not available. Filseth also heard Struve moved from his last reported address on McKinley Street in Clinton, with his current address unknown.

The report on Oct. 2 alleges Struve violated the rules substance abuse and legal conduct. The report states on Oct. 2 Struve was arrested by the Clinton Police Department and charged with controlled substance violation and failure to affix drug stamp and possession of drug paraphernalia. Struve made his initial appearance in Clinton County District Court on Oct. 3 before Judge Phillip J. Tabor, who found there to be probable cause to believe Struve committed the offenses.

"Steven Edward Struve was released on Parole on March 20, 2017," Filseth states in the report. "Since his release, Mr. Struve's Parole has had numerous violations, some minor, some more serious. As of late however, Mr. Struve has taken the violations to a new and unacceptable level, most recently indicated by his recent felony drug possession arrest. PPO Filseth has afforded Mr. Struve extensive opportunities in an effort to assist him in becoming successful on parole and becoming a productive member of the community, however, as indicated in the aforementioned violations, it is apparent that Steven Edward Struve, is either unwilling or unable to comply with the conditions set forth by the Iowa Board of Parole, therefore, I request that a warrant for violation of parole be served on Steven Edward Struve, and he be held in jail pending a hearing before a parole judge to show cause as to why his parole should not be revoked."

According to the affidavit, at approximately 8:52 p.m. Oct. 2, officers conducted a traffic stop on a gold Pontiac Bonneville. The driver, later identified as Struve, was stopped in the 200 block of 22nd Place for use of an electronic communication device while driving. The officers while traveling west on Camanche Avenue began to pass the vehicle. Struve had a cellular phone pulled up in front of his face. The back light of the cellular phone illuminated the interior of the vehicle and could be seen by an officer. The officer watched Struve continue to hold the phone up in his face and use his thumb over the screen constantly. Officers engaged overhead lights in the 2100 block of Camanche Avenue in order to address the issue. The vehicle was registered to Struve.

The affidavit states an officer while at the passenger side of the vehicle observed in plain view a clear glass pipe with burn marks and white residue protruding from a bag in the backseat. Struve and a passenger were removed from the vehicle and a search was conducted.

The affidavit continues the officer removed the pipe from the bag in the backseat. The pipe was determined to be connected to a colored, glass bong that was also slightly protruding. An officer within the center console of the vehicle located a Ziploc bag containing a large quantity of a white/clear, crystal-like substance and two digital scales. The substance within the bag was consistent with ice methamphetamine.