Clinton County Courtroom

CLINTON — A preliminary hearing is scheduled today for a Maquoketa man charged with felony kidnapping and assault charges.

Nicholas C. Hayes, 41, is charged with one count of third-degree kidnapping, a Class C felony, and one count of domestic abuse-assault, third offense, a Class D felony.

Attorney Harold DeLange was appointed to represent Hayes. A preliminary hearing is scheduled for 8:30 a.m. today.

According to an affidavit filed with the court, police investigated a report of domestic assault at 8:01 a.m. Sept. 8. A woman told police that her friend had been assaulted by Hayes.

The woman had several bruises on her face, the affidavit said. The bruises were still red around the edges and becoming dark purple near the centers.

The women also had marks on her collarbone and a chipped front tooth. She told police that the injuries had been caused by Hayes, the affidavit says.

The woman told police that she had been with Hayes at Awesome Car Wash, 2215 Manufacturing Drive in Clinton, about 10 p.m. Sept. 7 when she began to argue with Hayes, exited the vehicle and threw something into a trash can, the affidavit says.

The woman told police she was standing outside the passenger side of the vehicle leaning in through the front passenger door when Hayes grabbed her by her hair and yanked her inside the car. Hayes continued to hold her by the hair until she allowed him to shut the car door, according to the affidavit.

Two other people were in the vehicle at the time, the affidavit says. Hayes dropped them off. The alleged assault victim attempted to exit the vehicle but Hayes held her by the hair and would not let her leave, the affidavit says.

Hayes drove away with the woman. She told police that at one point she was upside down in the vehicle and Hayes was punching her. She finally stopped yelling because Hayes was choking her, the affidavit says.

Hayes ran out of gas on Iowa 136 near 200th Avenue as he was driving to a cabin in Petersville, court documents say. A Clinton County sheriff’s deputy stopped and spoke with Hayes about 2:34 a.m. while Hayes was waiting for someone to bring gas.

The woman said she was too scared to get out of the car and ask the deputy for help, the affidavit says.

Hayes had a friend bring gas and was able to get the vehicle running again. The woman said Hayes threatened to throw gas on her and light her on fire if she did not get back in the car and be quiet, the affidavit says.

A short time later, the woman said something that made Hayes angry, and Hayes hit her in the face, the affidavit says. The woman continued to argue with Hayes, and he hit her again and put her in a headlock.

Hayes eventually drove the woman to a residence in Clinton and left. Another woman called the police.

Police spoke with a woman who said the woman with Hayes sent her text messages and called her on the phone during the incident. The woman said she could hear the alleged victim screaming during the phone call and believed the woman was being assaulted. She heard Hayes say he would kill the alleged victim, according to the affidavit.

Hayes was previously convicted of domestic abuse-assault Feb. 9, 2012 and June 28, 2013, the affidavit says. Both convictions were in Jackson County.