E-FILED 2014 NOV 21 4:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY

SEIZED FOR FORFEITURE FROM

IN REM FORFEITURE COMPLAINT

3200 MILE OF JACKSON AVENUE

IN SAC COUNTY, IOWA

COMES NOW the State of Iowa through Sac County Attorney Ben Smith and
in support of its In Rem Forfeiture Complaint states the following:
1. On or around November 21, 2014, pursuant to Iowa Code Chapter 809A,
Sac County Sheriffs Deputy Tori Cudaback, seized a Silver 2005 Chevrolet
Cobalt (VIN# 1G1AK52F757583803) (vehicle or property) having the Iowa
license plate of BCS 203.
2. The vehicle, which is worth approximately $4,000, is registered to Wesley
Archie Euchner of Ida Grove, Iowa.
3. The owner(s) and person(s) in possession and / or control of, and / or
having a possessory interest in the property are as follows:
a. Owner(s): Wesley Archie Euchner
b. Person(s) in Possession or Control: None
c. Person(s) with a Security Interest: None
d. Seizing Agency: Sac County Sheriffs Office
4. The State of Iowa has seized the items for forfeiture and the
aforementioned owner is hereby put on notice of the same. IOWA CODE
809A.6(2) (2014)
5. The person from whom information about the seizure may be obtained is
Deputy Tori Cudaback, Sac County Sheriffs Office, Law Enforcement Center,
Sac City Iowa 50583.
6. The vehicle is subject to forfeiture because was used or was intended to

E-FILED 2014 NOV 21 4:19 PM SAC - CLERK OF DISTRICT COURT

be used by its registered owner and others to facilitate conduct giving rise to
forfeiture. Specifically, the registered owner and others used the vehicle to
facilitate a burglary and evade detection and capture by law enforcement for the
same crime. Additionally, the vehicle was found with thousands of dollars of
property stolen during the aforementioned burglary.
7. The conduct giving rise to this forfeiture action is set forth in the criminal
complaint and other filings in Case No. FECR012703. The averments and
information contained in the criminal complaint and forthcoming Trial Information
in FECR012703 are incorporated herein by reference as though fully set forth
herein.
8. The State of Iowa relies on each and every ground for forfeiture
contained in Iowa Code Chapter 809A.
9. Failure to file an answer to this complaint within 20 days after service and
in accordance with Iowa Code Section 809A.13, will result in an Application for
Order of Forfeiture pursuant to Iowa Code Section 809A.16(3). See additional
provisions of Iowa Code section 809A.13 in the attached NOTICE.
WHEREFORE, the State asks that the property be forfeited pursuant to the
provisions of Iowa Code Chapter 809A.

__________________________
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 NOV 21 4:19 PM SAC - CLERK OF DISTRICT COURT

NOTICE

1. Only an owner of or an interest holder in the property who has timely filed
a proper claim pursuant to Section 809A.11 may file an answer in an action in
rem. For the purposes of this Section, an owner of or interest holder in property
who has filed a claim and answer shall be referred to as a claimant.
2. The answer shall be signed by the owner or interest holder under penalty
of perjury and shall be in accordance with rule of civil procedure 1.405 and shall
also set forth all of the following:
a. The caption of the proceedings and identifying number, if any,
as set forth on the notice of pending forfeiture or complaint and
the name of the claimant.
b. The address where the claimant will accept mail.
c. The nature and extent of the claimant's interest in the property.
d. The date, the identity of the transferor, and the circumstances of
the claimant's acquisition of the interest in the property.
e. The specific provision of this chapter relied on in asserting that it
is not subject to forfeiture.
f. All essential facts supporting each assertion.
g. The specific relief sought.
3. The answer shall be filed within twenty days after service on the claimant
of the civil in rem complaint.
4. The rules of civil procedure shall apply to discovery by the state and any
claimant who has timely answered the complaint.
5. The forfeiture hearing shall be held without a jury and within sixty days
after service of the complaint unless continued for good cause. The prosecuting
attorney shall have the initial burden of proving the property is subject to
forfeiture by a preponderance of the evidence. If the state so proves the property

E-FILED 2014 NOV 21 4:19 PM SAC - CLERK OF DISTRICT COURT

is subject to forfeiture, the claimant has the burden of proving that the claimant
has an interest in the property which is exempt from forfeiture under this chapter
by a preponderance of the evidence.
6. The Court shall order the interest in the property returned or conveyed to
the claimant if the prosecuting attorney fails to meet the state's burden or the
claimant establishes by a preponderance of the evidence that the claimant has
an interest that is exempt from forfeiture. The court shall order all other property
forfeited to the state and conduct further proceedings pursuant to Sections
809A.16 and 809A.17.

FAILURE TO RESPOND OR ACT ACCORDINGLY MAY

RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU

E-FILED 2014 NOV 25 10:17 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 25 10:17 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 07 12:40 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY
SEIZED FOR FORFEITURE FROM
3200 MILE OF JACKSON AVENUE
IN SAC COUNTY, IOWA

CASE No. SPCV019575

APPLICATION FOR FORFEITURE
ORDER (809A.16(3))

COMES NOW the State of Iowa through Sac County Attorney Ben Smith
and in support of its Application for Forfeiture states the following:
1.

On or around November 21, 2014, the State filed an In Rem Forfeiture

Complaint (Complaint).
2.

The State re-alleges and incorporates by reference all the averments

contained in the Complaint as if fully set forth herein.

3.

Following proper service of the In Rem Complaint on Wesley Euchner,

as evidenced by the return of service filed herein on November 25, 2014, neither
a proper claim nor an answer was filed with the Court.
4.

There is proper jurisdiction in Sac County, Iowa, for this application

and for the court to enter an order forfeiting the property at issue herein.
5.

The property noted in the Notice and Complaint is described in the

attached-list below.
6.

The circumstances giving rise to it being forfeitable are as shown in the

Complaint, which references the criminal filings in Sac County Case No.
FECR012703.
WHEREFORE, the State respectfully requests that the Court enter the
order which extinguishes all rights of the owner(s) and transfers ownership of the
property to the State of Iowa.

E-FILED 2015 JAN 07 12:40 PM SAC - CLERK OF DISTRICT COURT

__________________________
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 2015 JAN 07 12:40 PM SAC - CLERK OF DISTRICT COURT

LIST OF PROPERTY TO BE FORFEITED

1. Silver 2005 Chevrolet Cobalt (VIN# 1G1AK52F757583803) having the
Iowa license plate BCS 203.

E-FILED 2015 JAN 09 9:41 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY
SEIZED FOR FORFEITURE FROM
3200 MILE OF JACKSON AVENUE
IN SAC COUNTY, IOWA

No. SPCV019575
FORFEITURE ORDER (809A.16(3))

The Court has examined the Application for Forfeiture Order and all
documents filed herein and FINDS: that proper notice has been given, the Court
has jurisdiction, and that facts recited provide probable cause for forfeiture, all as
required by 809A.16(3) of the Code of Iowa.
The Court approves the Forfeiture Complaint and the Application for
Forfeiture Order

and ORDERS: The property described below and in the

Application for Forfeiture Order is forfeited to the State of Iowa under the
provisions of 809A.16(4) of the Code of Iowa.
The seizing agency shall notify the Iowa Department of Justice of the
forfeiture at the below-address, which follows and complies with the rules and
directions of that department.

Prosecuting Attorneys Training Coordinator

First Floor, Hoover State Office Bldg. Des Moines, IA 50319
(515) 281 5428

E-FILED 2015 JAN 09 9:41 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
SPCV019575

Case Title
PROPERTY SEIZED FROM WESLEY ARCHIE EUCHNER
So Ordered

Electronically signed on 2015-01-09 09:41:08

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