The Clinton Herald, Clinton, Iowa

Top News

January 6, 2013

Judge suspends incarceration for attempted burglary

CLINTON — A Clinton County judge decided to suspend incarceration of a man who pleaded guilty to attempted burglary in the first degree.

“I just don’t see this case meriting a 10-year prison sentence,” Judge Mary Howes said. “I just don’t see any real benefit for sending him up there.”

Nicholas Fox, 32, was sentenced Thursday morning. Howes agreed with Defense Attorney Bruce Ingham and ordered that the up to 10 years in the Iowa Department of Corrections be suspended. He will instead complete probation at the Residential Corrections Facility in the Quad- Cities.

According to court documents, Clinton police were dispatched at 9:24 p.m. June 26 to 850 First Ave., apartment 26, for an assault. The victim informed the police that he had a phone conversation with Fox, advising him not to call again, or he would notify the police about warrants Fox had, according to the affidavit. The victim added that Fox said he would come to his apartment and hurt him.

Fox arrived at the victim’s apartment and pounded on the door, walking in without an invitation, according to court documents. Fox began hitting the victim repeatedly and bit him, according to the affidavit. The affidavit continues that two witnesses from outside of the apartment entered the apartment after Fox and pulled him off of the victim. Fox took off running away from the apartment complex.

Fox was later arrested for burglary in the first degree. On Nov. 30, he pleaded guilty to the lesser charge of attempted burglary in the first degree.

During the Thursday morning sentencing, Clinton County Attorney Mike Wolf asked that Howes honor the pre-sentencing investigation’s recommendation of incarceration. Wolf stated that Fox has substance abuse issues that need to be addressed. He felt that incarceration would be the best option for Fox to address his issues.

“Mostly what Mr. Fox has is a serious substance abuse issue,” Ingham said.

Ingham pointed out that Fox does not have any prior felonies and has never be incarcerated before. He added that all of his previous charges were minor. Ingham pointed out that Fox has been able to reflect on his situation while serving 117 days in the Clinton County jail.

“I promised my kids I would change and I just want a chance to get some rehab,” Fox said in court.

Fox was visibly upset as he asked for a suspended sentence. He told Howes that he has three children and pays child support. He added that he does his best to be a good dad, but the past two years were difficult and he had serious substance abuse issues.

Howes said she sees some hope for Fox. He will remain in jail until he can be screened for RCF treatment and a bed opens up. She told Fox that he needs to work to stay on the straight and narrow from now on.

“I won’t let you down, I promise,” Fox said.

1
Text Only
Top News
  • The case for separate beds

    The other night I slept on a twin bed in the guest room of the house I share with my husband and our two kids.
    It was the best night's sleep I've had in years.

    April 17, 2014

  • Raw oysters spike U.S. rise in bacterial infections, CDC reports

    Raw oysters, so good with hot sauce, increasingly can carry something even more unsettling to the stomach: A bacteria linked to vomiting, diarrhea and pain.

    April 17, 2014

  • Consumer spending on health care jumps as Affordable Care Act takes hold

    Nancy Beigel has known since September that she would need hernia surgery. She couldn't afford it on her $11,000 yearly income until she became eligible for Medicaid in January through President Barack Obama's signature health care law.

    April 17, 2014

  • Astronomers spot most Earth-like planet yet

    Astronomers have discovered what they say is the most Earth-like planet yet detected — a distant, rocky world that's similar in size to our own and exists in the Goldilocks zone where it's not too hot and not too cold for life.

    The find, announced Thursday, excited planet hunters who have been scouring the Milky Way galaxy for years for potentially habitable places outside our solar system.

    April 17, 2014

  • Defend 'Obamacare' unabashedly, some Democrats say

    With enrollments higher than expected, and costs lower, some Democrats say it's time to stop hiding from the president's health care overhaul, even in this year's toughest Senate elections.

    Republicans practically dare Democrats to embrace "Obamacare," the GOP's favorite target in most congressional campaigns. Yet pro-Democratic activists in Alaska are doing just that, and a number of strategists elsewhere hope it will spread.

    April 17, 2014

  • Search for Chicago site for George Lucas museum

    As Yoda might say: A site for a museum you must find.

    Those are the marching orders Chicago Mayor Rahm Emanuel is giving a dozen civic leaders as the city searches for a potential location for an interactive museum to house filmmaker George Lucas' collection of art and filmmaking memorabilia.

    April 17, 2014

  • Illinois unemployment drops to 5-year-low

    State officials say unemployment in Illinois dropped in March to 8.4 percent. That's its lowest level since 2009.

    April 17, 2014

  • Gaming commission rejects Cedar Rapids casino

    The Iowa Racing and Gaming Commission rejected a proposed $164 million Cedar Rapids casino Thursday, saying it would hurt existing casinos.

    Supporters of the Cedar Crossing Casino development have said it would give an economic boost to Cedar Rapids and the region. They also argued it would be a catalyst for development in an area ravaged by a 2008 flood, create jobs and generate millions for tax revenue and charities.

    April 17, 2014

  • Iowa Senate race suddenly more competitive

    A catchy political ad and a gotcha video have raised Republican hopes of capturing the Senate seat in Iowa, a prospect that would greatly enhance the party's chances of regaining control of the Senate.

    Republicans are adding the seat, held for three decades by retiring Democratic Sen. Tom Harkin, to their list of winnable races in the November midterm elections.

    April 17, 2014

  • Evacuation came too late for many on sinking ferry

    An immediate evacuation order was not issued for the ferry that sank off South Korea's southern coast, likely with scores of people trapped inside, because officers on the bridge were trying to stabilize the vessel after it started to list amid confusion and chaos, a crew member said Thursday.

    Meanwhile, the coast guard said it was investigating whether the ferry's captain was one of the first ones off the sinking ship.

    April 17, 2014

AP Video