February 7, 2012

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Fayette County man charged in theft of anhydrous

February 6, 2012 By

Kyle Boleyn

A man has been arrested in connection with an anhydrous ammonia incident in northeast Iowa that sent a sheriff’s deputy to the hospital last week.

 Fayette County Sheriff Marty Fisher says the female deputy was overcome by vapors coming from a broken tank at the Fredricksburg Farmers Co-op near Hawkeye.

She was attempting to arrest a man suspected of tampering with the tank. Thirty-six-year-old Kyle Boleyn of Arlington was arrested in the case on Sunday.

“He has been charged with criminal mischief in the second degree,” Fisher said. Boleyn is also charged with possession of anhydrous ammonia with the intent to manufacture methamphetamine. Fisher said Boleyn was identified as the suspect by both a witness and from evidence gathered at the scene.

“My deputy did see (Boleyn) and a motorist who was passing by at the time got a good look at the suspect,” Fisher said. The deputy, who has not been identified, was treated at a local hospital for exposure to the liquefied gas. She has since returned to duty.

Fisher said the investigation also revealed Boleyn, a registered sex offender, was not at his place of registry for over two weeks – so he’s facing another felony charge. If convicted of all charges, Boleyn could face up to 15 years in prison.

Filed Under: Crime & Courts, News Tagged With:

State appeals Polk County ruling on same-sex birth certificate

February 6, 2012 By

The state is appealing a Polk County District Court ruling that ordered state health officials to issue a birth certificate that lists two women who are partners in a same-sex marriage as the parents of a two-year-old girl. The women conceived the baby using  an anonymous sperm donor.

State Health Department director, Dr. Mariannette Miller-Meeks, explains their decision to appeal. “The appeal is because we feel (the ruling) doesn’t address the birth of children to other married couples, or couples who conceive in alternate ways. And then further, there were concerns about the paternity language currently in the code and if that needs to be addressed by the Supreme Court or through the legislative process,” Miller-Meeks says.

The Supreme Court overturned the state’s ban on same-sex marriage in 2009, and the Polk County ruling said the state should have interpreted that ruling as allowing the two women to be listed as parents on the child’s birth certificate. The Polk County ruling did not say that same-sex parents have a constitutional right to be listed as parents on birth certificates.

Miller-Meeks says the language of the law has not changed, and they want clarification from the Supreme Court on how to handle the paternity in these cases. “Paternity is established as the father or if it’s a married couple, as the male in a couple, that determines paternity,” Miller-Meeks says.

“In other situations where there is a same-sex couple, then paternity is easily overturned, and so the issue then becomes who has responsibility for the child. So addressing those issues which have not been addressed would be beneficial.”

Melissa Gartner and Heather Gartner of Des Moines brought the lawsuit against the state in this case.

Filed Under: Crime & Courts, Health & Medicine, News Tagged With:

Sioux City to vote on lowering fine for red light camera tickets

February 6, 2012 By

Sioux City leaders plan to vote today  to lower the fine charged for a red light camera ticket. Sioux City Mayor  Bob Scott, says he expects a unanimous vote on the change.

Scott says the fee would be reduced to $100 if the person agrees that they ran the red light. He says if you want to contest the ticket, there would be an additional $95 added on.

The ticket currently costs $195 for everyone. Assistant city attorney, Justin Vondrak, says there is another change to the way a citation can be contested. “That will basically allow for a nominated party to contest the citation in court, currently only the registered owner of the vehicle can contest the citation,” Vondrak said.

Mayor Scott and two council members each said in their campaigns last fall that they thought the fines were too high. They represent the minimum votes needed to pass the new ordinance.

The traffic and speed cameras have been controversial, and have prompted a bill that is making its way through the Iowa House that would ban them.

By Woody Gottburg, KSCJ, Sioux City

Filed Under: Crime & Courts, News, Politics & Government

UNI professor studies hazing

February 6, 2012 By

An instructor at the University of Northern Iowa is hoping the publicity surrounding several recent hazing incidents in Iowa schools serves as a “wake up call” to coaches, athletes and others about the problem. Jennifer Waldron, and associate professor of health, physical education and leisure services, has conducted several studies on hazing or bullying in sports.

Waldron says many athletes she interviewed perceived hazing as just harmless fun, when in reality, the conduct could be illegal. “There’s also huge a social acceptance and social pressure…so many athletes talk about, ‘it’s not something I wanted to do, but I wanted to be seen as a real teammate or I wanted to be accepted by my teammates, so I went through it even though I wasn’t necessarily comfortable with or it made me stressed out,’ or there are other ramifications of it,” Waldron said.

Waldron said some athletes she questioned noted their coaches even played a role hazing, while others enforced a strict, no tolerance policy toward such activity. “Most of the athletes said their coach knew that hazing was going on, but as long as no one got hurt and there were no ill consequences the coach heard about, then it would be okay,” Waldron said.

Hazing or bullying cases involving high school wrestling team have surfaced in Iowa this season. In at least three cases, criminal charges have been filed. “I’m hoping that, we in the state, use this as a teachable moment and try to be proactive before more cases break,” Waldron said.

Waldron has given lectures at anti-hazing workshops and is currently collecting data on better prediction methods in initiation rituals among sports teams.

Filed Under: Crime & Courts, Human Interest, News Tagged With:

Iowa City woman charged with not reporting alleged child abuse

February 3, 2012 By

The woman who runs the Broadway Neighborhood Center in Iowa City is facing charges for not reporting an allegation of child abuse. Iowa City Police Sergeant Denise Brotherton says it may be the first time in state history that a person known as a mandatory reporter was arrested for not reporting a possible crime.

“Protect the kids, that’s what it should be about,” Sergeant Brotherton says. “The parents trust that we are all doing that. When someone fails to do that, it just loses trust in the whole system.”

Police say 44-year-old Susan Freeman, of Iowa City, is accused of not reporting allegations a teacher in her center’s program sexually assaulted a girl under 12. The Iowa City police and the Iowa Department of Human Services are conducting a joint investigation into the sexual abuse allegations, according to Brotherton.

“We have to protect the children, that is the goal of this ultimately, to protect the children,” she says. “That’s what everyone’s ultimate goal should be in any of our positions.” The child’s mother reported the incident on December 12th to Iowa City police, which then reported the allegations to the D.H.S.

Freeman was arrested Wednesday night for suspicion of failing to report child abuse, a simple misdemeanor punishable by a fine of up to $300.

By Mark Carlson, KCRG, Cedar Rapids

Filed Under: Crime & Courts, News

Supreme Court rules in favor of Mennonites in ban on steel wheels

February 3, 2012 By

The Iowa Supreme Court has ruled that a Mitchell County ordinance banning the use of steel wheels on county roads violates the constitutional rights of Mennonites. A Mennonite teen, Matthew Zimmerman, was fined in March 2010 after a magistrate judge found him guilty of violating the ordinance after he drove a steel-wheeled tractor on a county road.

Zimmerman’s family has argued that the ban interferes with the practice of their religion and challenged the constitutionality of the ordinance. After hearing oral arguments of the case during a special session held back in October in Mason City, the Supreme Court unanimously ruled today that the county’s goal of road preservation can be accomplished less restrictively without banning the tractors used by the Mennonites.

The court said the ordinance violated Zimmerman’s religious rights under the First Amendment of the U.S. Constitution. The court reversed the decisions of the lower courts and remanded the case back to district court for entry of an order of dismissal.

See the full ruling here: Steel Wheels Ruling PDF

By Bob Fisher, KRIB, Mason City

Filed Under: Agriculture, Crime & Courts, Featured Story, News

Text messages lead to charges against southwest Iowa teacher

February 2, 2012 By

A teacher in southwest Iowa resigned Wednesday after being confronted by school officials about allegations he sent inappropriate text messages and pictures to one of his female students. Pottawattamie County Sheriff Jeff Danker says his office was contacted by officials with Lewis Central Community Schools in Council Bluffs.

“Investigators yesterday took a report from a 17-year-old female in reference to her Spanish teacher, 30-year-old Daniel Pantoja.” After reviewing the case, Sheriff Danker says Pantoja will face charges.

“Apparently there was different communication there over the cellphone, texting, and pictures that the investigators discovered,” he says. “The decision was made to charge Mr. Pantoja with sexual exploitation by a school employee, which is a Class D felony, and lascivious conduct with a minor.”

Danker says they’ve spoken with the suspect. Pantoja has an attorney and he plans to turn himself in later today. The sheriff says his bond will be set at $5,000.

By Karla James

Filed Under: Crime & Courts, Education, News
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