AGCR - Domestic Abuse Assault Charge Against Odebolt Woman Dismissed

E-FILED 2014 JUN 11 1:33 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

RHONDA LEE MURR
GAVIEL V OCHOA
,
Defendant.

Case No: 02811 AGCR012565

INITIAL APPEARANCE

Charges:
01 - 708.2A(2)(c) - DOMESTIC ABUSE ASSAULT display OR USE WEAPON - 1ST OFFENSE

The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
2 Years Prison
And/Or $Not less than $625 nor more than $6,250 plus 35% surcharge and court costs

4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.

1 of 3
E-FILED 2014 JUN 11 4:18 PM SAC - CLERK OF DISTRICT COURT
5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
You are not to have any contact with Graviel Ochoa nor he with you until further order of the court.
You shall not commit any further acts of domestic abuse assault.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on 06/30/2014 at 9:30 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.

Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
State of Iowa Courts
Case Number Case Title
AGCR012565 STATE VS RHONDA LEE MURR
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-06-11 16:18:20
3 of 3
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection Case No. 02811 AGCR012565

This order can be verified during business hours
with the SAC County Clerk of Court at:
(712) 662-7791.
Judge Bush

or anytime with the SAC County Sheriff's
Office at: (712) 662-7791 . NO CONTACT ORDER

ISSUE DATE: 06/11/2014

PROTECTED PARTY: Grariel Ochoa Other Protected Persons:

STATE OF IOWA,
VS
DEFENDANT: Defendant Date of Birth: 1-11-62

RHONDA LEE MURR
GAVIEL V OCHOA

Address for Defendant (not shared address with
protected party)
CAUTION: If checked, FIREARMS
WARNING for law enforcement

THE COURT HEREBY FINDS:
It has jurisdiction over the parties and subject matter, and the Defendant has been provided with
reasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:
1 of 4
The above named Defendant is restrained from committing further acts of abuse or threats of abuse.
The above named Defendant is restrained from any contact with the Protected Party.
Additional terms of this order are as set forth below.

This order shall remain in effect until modified or terminated by further written order of the court, until
the case is dismissed, or until sentencing.

WARNINGS TO DEFENDANT:
This order shall be enforced, even without registration, by the courts of any state, the District
of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state,
territorial, or tribal boundaries to violate this order may result in federal imprisonment
(18U.S.C. 2262).

Federal law provides penalties for possessing, transporting shipping, or receiving any firearm
or ammunition (18 U.S.C. 922(g)(8)).

Only the court can change this order.

On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's
appearance, the court finds there is probable cause to believe that a violation of

Iowa Code section 708.2A Domestic Abuse Assualt has occurred.

the presence of the defendant in the alleged victim's residence poses a threat to the safety of the
alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate
family.

If checked, the court finds the defendant and protected party meet the definition of intimate
partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited with the person").
IF CHECKED, the court must check box 6, prohibiting the defendant from possessing
firearms.

Therefore, the court orders as follows:

1. Defendant shall not communicate with the protected party in person or through any means
including third persons. This restriction shall not prohibit communication through legal counsel.
2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the
protected party. Defendant shall stay away from the protected party and shall not be in that party's
presence except in a courtroom during court hearings.
3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest,
attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or
members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to
use physical force against the protected party that would reasonably be expected to cause bodily
injury.
4. If checked, defendant may enter the shared residence once in the company of a peace
officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the
law enforcement agency all devices that allow access or entry to the residence or outbuildings (for
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example, keys or garage openers). The law enforcement agency shall contact the protected party to
provide notice of the intent of the defendant to return to the residence and to accommodate the safety
concerns of the protected party.
5. If checked, additional directives:
6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of
release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency)
on or before . The defendant is advised that the issuance of this protective order may also affect the
right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8).
7. This protective order is in effect immediately. The order may be extended prior to expiration or at
sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension).
8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may
occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release
defendant from restrictions contained in this order.
9. Except as specifically set out herein, this order shall not be construed as an award of personal or
real property to either the defendant or the protected party.
10. Bond is set at $
11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed.

Defendant was personally served with a copy of this order by the court.
The clerk of court shall provide copies of this order to the protected party, county attorney,
defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections
236.5(5) and 664A.4.
The SAC County Sheriff shall serve and return service of this order upon defendant.

NOTICE: If you have a disability and need assistance to participate in court proceedings, please call
the ADA Coordinator at (641) 421-0990.
If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

3 of 4
Type: NO CONTACT ORDER
So Ordered
4 of 4


(712) 662-7791.
Judge Bush




STATE OF IOWA,
VS

RHONDA LEE MURR
GAVIEL V OCHOA

protected party)


1 of 4


(18U.S.C. 2262).





family.

firearms.


injury.
2 of 4

236.5(5) and 664A.4.


3 of 4
So Ordered
4 of 4


(712) 662-7791.
Judge Bush




STATE OF IOWA,
VS

RHONDA LEE MURR
GAVIEL V OCHOA

protected party)


1 of 4


(18U.S.C. 2262).





family.

firearms.


injury.
2 of 4

236.5(5) and 664A.4.


3 of 4
So Ordered
4 of 4
I N THE I OWA DI STRI CT COURT FOR.
STATE OF I OWA or
Plaintiff/Petitioner,
vs.
Defendant/Respondent.
Sac
DISTRICT CtiuRi ui- iM'Ai
SAC COUNTY
FILED
20Ii JUN 12 AH 8:24
COUNTY
Criminal Civ il
X
No.
FI NANCI AL AFFI DAVI T/ APPLI CATI ON
FOR APPOI NTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned statesIJ
Name: Y V j ^ \ L A L l ( C ^ Birth Date:
Home Phone:
Street
Cell Phone:
n
mail:
*****4blK\hl(ihA. ^ Odihli /A
Street/P.O. Box Apt# Chy
Pending charges: I ^ D P P l g S l l C ^ A S ^ U I T : .
Do you have ajob? A j N o Job Yes, Full Time Yes, Part Time (List Hours/week:
r? ^
State Zip
In Jail? t%Yes No
. )
Who do you work for?
How much money do you currently make before taxes or deductions? per hour month year
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you? _J
If a spouse lives with you, how much money does your spouse make?
List all other mqjney you, or anyone else living in your household, has coming in:
other money you, <
per hour month year
List what you own including moHey in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: C_y
Lisamounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date Signature
Rev. 1/6/12

STATE OF IOWA,

PLAINTIFF,

VS.

RHONDA LEE MURR
GAVIEL V OCHOA
,

DEFENDANT.

02811 AGCR012565

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:

The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

712-662-4715

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2

THE STATE OF IOWA, )
)
PLAINTIFF ) Crim No.AGCR012565
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
RHONDA LEE MURR )
)
DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884

Original filed
Copy to: County Attorney
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. AGCR012565
Plaintiff,
vs.
TRIAL INFORMATION
RHONDA L. MURR,
DOB: 04/10/1969
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Rhonda L. Murr of
the crime of DOMESTIC ABUSE ASSAULT WHILE DISPLAYING A DANGEROUS WEAPON,
an Aggravated Misdemeanor in violation of Iowa Code Sections 708.2A(1) and 708.2A(2)(c)
committed as follows:
The said Defendant, Rhonda L. Murr, on or about June 10, 2014 in the County of Sac
and State of Iowa, did unlawfully and willfully commit a domestic assault against Graviel Ochoa,
and Defendant did use or display a dangerous weapon.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
2
THE STATE OF IOWA vs. RHONDA L MURR
Criminal No. AGCR012565
COUNT I: Domestic Abuse Assault
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
GRAVIEL V. OCHOA, LABORER, GOMACO
DUSTIN JOHN ACKERMAN, OCCUPATION UNKNOWN
Type: Approval of Trial Information
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-06-27 09:14:01 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

RHONDA LEE MURR ,

Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 07/16/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
STATE OF I OWA.
Vs.
RIIONDA LIIE MUITR
Def'endant
IN THE IOWA DISRICT COTIRT FOR SAC COUNTY
)
CRI MI NAL NO AGCRO12565
)
)
WRITTI]N ARRAIGNMENT.
)
)
)
)
PLEA OF NOT GUI I -TY
Date Trial lnformation filed: 06/1tl/2014
COML,S NOW thc Defendat.rt in the above-captioned criminal case and under oath statcs:
L I an1 represcnted by Attornel' Charles A. Schultc, u' hose address and phone number are
421 Mai n St . . PO Box 392. Sac Ci t -y. I A. 50583;
(712) 662-4715.
2. M-v current mailing and residence address and phone number are 40[l S Wa]nut St.'
Odebol t . I A 51458. Ml phone number i s: 712-371-2362. M1' dat e of bi rrh i s 0l -l l -1962.
I can read and understand the English language and have con.rpleted the following level
of educat i on: 12 Years.
4. I havc been advised b)' my attornet and understand that I have a right to arraignmcnt
in open Coufi. and I voluntaril) rvaive that right. choosing instead to sign this Written
Arraignment and Plea of Not Guiltt. I understand that times for further procccdings
rvhich are computcd iiom thc date of arraignment will be computcd from the date of
filing this Written Arraignment and Plea of Not Guilty' .
5. I have received a cop.v of the Trial lnformation u' l,ich charges me r' vith the crirne of
COUNT I: DOMESTIC AtsUSE ASSAULT WHILE DISPLAYING A
DANGEROUS WEAPON in violation of Iowa Code Section 708.2a(2)(c).
6. With regard to the namc bl, which I arn charged in the Trial L.rlbrmatior.r
(cither check
"a" or check and complete "b"):
. / '
,/
tlS{.
ne name otr tlrc Trial Information is my true namc. I have becn advised
and undirstand that I am nou prccluded from objecting to the Trial Inlbrmation upon the
ground that I am improperly r.ramed.
(
)b.
The namc shou,n on the Trial Informatiott is not m1' true name. My true
namc is. I request that an entr.v be made in thc minutes shou' ing my true nat.nc. I have
been adviscd and understand further proccedings rvill be had againsl me bl that name'
the Trial Information rvill bc amended accordingll. and when the Trial Inlbrmation is str
amended. I will be precluded frot.t.r objecting upon the grounds I am improperll nan,ed.
7. I havc been advised and understand that I ma.' - plead guilty. not guilt] or lbrmer
conviction or acquittal.
E-FILED 2014 JUL 15 3:14 PM SAC - CLERK OF DISTRICT COURT
8. For the purpose of this arraignment. I have had sufficient time to discuss ml case nith
my attorney. and I uaive an.v further time in rvhich to enter a plea.
9. I plead NOT GItJILTY to the charges in paragraph 5 abor-e.
10. I have been advised and undcrstand that I have a right r-rnder Rule 2.33(2)(b) ofthe
Iov:a Rules oJ Criminal Procetlure to a trial within ninet-v dal s/one year after the filing of
the Trial Information and (check either "a" or
"b"):
({ a. I demand speedy trial pursuant to Rule 2.33(2)(b) and (c).
(
)
b. I rvaive m1' right to a speedl trial pursuant to Rule 2.33(2)(b) and (c).
11. I request that a trial date be set pursuant to Rule 8.1 ofthe lorLa Rt es o/ Criminal
Procedu' e. M) attorney and I rvill bc available fcrr trial on the tbllowing days: Any
Ti me.
Original to be filed ryith Clerk of Court
Copl provided to:
Countl Attornev
Attorney for Det'endant
E-FILED 2014 JUL 15 3:14 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,

Plaintiff,

vs.

RHONDA LEE MURR ,

Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on July 15, 2014.

The defendant DEMANDS the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 09/03/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
E-FILED 2014 JUL 16 8:43 AM SAC - CLERK OF DISTRICT COURT
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
STATE OF IOWA,

Plaintiff,

vs.

RHONDA LEE MURR ,

Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on July 15, 2014.

The defendant DEMANDS the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 09/03/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3

THE STATE OF IOWA, )
Plaintiff ) AGCR012565
)
Vs. ) MOTION FOR TERMINATION OF
) NO CONTACT ORDER
RHONDA L. MURR )
Defendant
______________________

COMES NOW the defendant by her Attorney, Charles A. Schulte, and hereby
states as follows:

1. On June 11
th
2014, this Court entered an order prohibiting contact between the
defendant and Gaviel V. Ochoa.

2. The defendant is currently in Texas and the protected party is currently in Illinois.

3. The defendant does not wish to have contact with the protected party and intends
no contact, but does not wish to be the subject of the No Contact Order.

WHEREFORE: The undersigned attorney request the Court to terminate the No
Contact Order entered on June 11
th
in this cause.

Respectfully submitted,
/s/ Charles A. Schulte AT0007137
Schulte Law Firm, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax: (712) 662-4884
schulaw@prairieinet.net

E-FILED 2014 AUG 20 11:09 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA ,

plaintiff(s) / petitioner(s),

vs.

RHONDA LEE MURR ,

defendant(s) / respondent(s).


Order Setting Hearing

The Court is in receipt of Motion to Lift No Contact Order and the same should be set for hearing.

IT IS ORDERED that a Hearing is scheduled on 09/03/2014 at 9:30 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.

1 of 2
Type: ORDER SETTING HEARING
So Ordered
2 of 2
STATE OF IOWA,
Plaintiff,
v.
RHONDA LEE MURR,
Defendant.
Case No. AGCR012565
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On September 2, 2014, the parties conducted a Pretrial Conference as ordered
or in anticipation of the same. The parties, through the undersigned, represent
the following to the Court: The State of Iowa appeared through Sac County
Attorney Ben Smith. The Defendant appeared through her attorney, Chuck
Schulte.
The State agrees to dismiss the charges and hereby moves for dismissal. The
grounds for dismissal are as follows: The victim in this case, Graviel Ochoa, is
also a Defendant in a domestic abuse prosecution, State v. Ochoa, Sac County
District Court Case No. SRCR012540, in which the Defendant in this case,
Rhonada Murr, is a victim. Both the Defendant and the victim in this case have
indicated, at present, they plan to invoke their 5
th
Amendment Right against self-
incrimination if called to testify against the other. Both the victim and Defendant
have agreed that the matter should be dismissed without prejudice. Defendant
has agreed to pay costs and to reimburse the State of Iowa for court appointed
attorneys fees. The interests of justice and judicial economy would best be
served by dismissing the case. Additionally, the parties request that the no-
contact order be dismissed.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2014 SEP 02 5:08 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,

Plaintiff,

vs.

RHONDA LEE MURR,

Defendant.

Case N. A!CR"#$%&%

ORDER

NOW, n t'is (
)d
da* f Se+te,-e), $"#., t'e /0)t is in )e/ei+t f t'e Re+)t f
P)et)ial Cnfe)en/e. In t'e Re+)t, t'e State ,ves t dis,iss t'is /ase.
IT IS, THEREFORE, ORDERED t'at t'is /ase is dis,issed. Csts a)e ta1ed t
t'e Defendant.

Cle)2 t f0)nis' /+ies t3
C0nt* Att)ne*
Defense C0nsel

E-FILED 2014 SEP 03 11:00 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered


(712) 662-7791.
Judge Adria Kester

or anytime with the SAC County Sheriffs
Office at: (712) 662-7791.


PROTECTED PARTY: GRAVIEL OCHOA Other Protected Persons:

STATE OF IOWA,
VS
DEFENDANT: Defendant Date of Birth: 01/11/1962

RHONDA LEE MURR

Caution: If checked, FIREARMS WARNING
FOR, Law Enforcement
protected party)


The previous order is hereby cancelled as of September 3, 2014. (see#1 below)
This modified order expires on
1 of 3

_____________________________________________________________________________
(18U.S.C. 2262).

Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm

_____________________________________________________________________________
On the 09/03/2014, this matter is before the court regarding the No Contact Order entered on .

The court ORDERS as follows(check that appropriate option(s) below):

(1) The order is hereby cancelled.

(2) The order is modified as follows:
The modification is effective immediately. upon service. To the extent not inconsistent
herewith, the prior protective order shall also remain in force.

(3) The court finds the defendant continues to pose a threat to the safety of the protected
party(ies). THEREFORE the order is entered pursuant to the Iowa Code section is hereby extended.

(4) The clerk of court shall reflect this change in status on the domestic abuse registry and shall
notify law enforcement regarding this order.


236.5(5) and 664A.4.


2 of 3
Type: NO CONTACT ORDER LIFTED
So Ordered
3 of 3

AGCR - Domestic Abuse Assault Charge Against Odebolt Woman Dismissed

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AGCR - Domestic Abuse Assault Charge Against Odebolt Woman Dismissed

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E-FILED 2014 JUN 11 1:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

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