Court Proceedings

Castillo-Alvarez back in Clay County Jail (02/26/10)
"He's back." Those words, spoken by Clay County Sheriff Randy Krukow, referenced the return of Juan Humberto Castillo-Alvarez to the Clay County Jail. Clay County Sheriff' deputies transported Castillo-Alvarez from Newton's state prison back to the Clay County holding facility on a felony charge for furnishing an intoxicating beverage to inmates at a detention facility during his previous year-and-a-half stay. ...

Implications of local charges far reaching (02/20/10)

High Court: Castillo-Alvarez case won't be reviewed (01/22/10)
Clay County Attorney Michael Houchins on Friday confirmed a decision from the Iowa Supreme Court to deny further review of the 1997 gang-related murder of Estherville teenager Gregory Sky Erickson. Judge Don Courtney found former Estherville restaurant owner Juan Humberto Castillo-Alvarez responsible for orchestrating Erickson's death, based on a January 2008 ruling at the Palo Alto County Courthouse in Emmetsburg...

Heilstedt pleads guilty to 2008 arson charge (01/21/10)
On Tuesday, during a scheduled hearing, Brenda Lee Heilstedt of Spencer, withdrew her not guilty plea with regards to arson charges stemming from a fire that broke out at a home she owned on Sunday, Dec. 28, 2008; and pled guilty to arson in the second degree, a Class C felony...

Milford man detained on drug, murder charges (01/12/10)
Samuel Blue Lint was still being held in Spirit Lake's Dickinson County Jail on $10,000 bond Tuesday as attorneys in northwest Iowa decide if, and when, the 18-year-old Milford man will be transported to Sioux Falls, S.D., to face charges of armed robbery and murder...

Justice: At what cost? (12/10/09)
Need a sign of the times? Look for one taped on the locked clerk of court's door, below a holiday wreath, at the Clay County Courthouse. "Iowa Court Offices Closed," it said, on the first of 10 days targeted by the judicial branch for a cost-saving shutdown...

Juvenile law a passion for county's new attorney (11/27/09)
Clay County's newest assistant county attorney is no stranger to the city of Spencer, but she's seeing a different part of the law these days. Kristi Busse is a month into her newest role as an assistant Clay County Attorney and associate at the Zenor and Houchins law firm in north Spencer...

Fourteen sentenced in lakes region meth ring (11/06/09)
"Drug dealers out there, we're coming to a town near you." This message provided courtesy of Clay County Sheriff Randy Krukow in the aftermath of sentencing that will result in over 2,000 months of combined jail time for 14 individuals associated with a drug trafficking ring in northwest Iowa...

Plea agreement reached in Spencer arson case (11/06/09)
Judge Patrick Carr has scheduled a Jan. 19 hearing to consider a guilty plea from a Spencer woman accused of arson 11 months ago. Brenda Lee Heilstedt is expected to plead guilty to a charge of second-degree arson, a Class C felony, as part of the agreement struck by attorneys...

Sex abuse suspect recaptured after 11 years (11/05/09)
Sometimes the wheels of justice are slow, but they never stop turning. Just ask Alejandro Montano, a current resident of the Buena Vista County Jail. After more than 11 years on the run from charges including sexual abuse, false imprisonment and drugs in Storm Lake, a false identity, and an alleged lifetime web of lies, Mantano has been found in Chicago and returned to face the charges for a February 1998 incident...

Spencer attorney sworn in as judge (10/03/09)
It's Judge Borth now. Assistant Clay County Attorney Charles K. Borth officially filled the vacancy created by retiring Judge Donavon Schaefer during a ceremony Friday afternoon at the Clay County Courthouse. Fellow Spencer Judge Patrick Carr administered the oath at the investiture. Borth's wife, Liz assisted her husband with the donning of the robe...

Castillo-Alvarez conviction overturned (09/02/09)

Borth named District Associate Judge (09/01/09)
The five district judges of the 3A judicial sub-district have selected Assistant Clay County Attorney Charles K. Borth to fill the vacancy created by retiring Judge Donavon Schaefer. Borth and fellow finalists Dave Patton, an attorney in the Storm Lake area, and Ida County Attorney Kristal Phillips were interviewed Thursday. Borth was told Friday night that he was the successful candidate...

Jury sides with Royal in wedding chapel dispute (08/01/09)
The dispute between Royal Wedding Chapel, Inc. owner Gerald "Lee" Youde and the city of Royal began with a business permit application. It ended with a 8.5-pound court file and a July 22 jury verdict at the Clay County Courthouse. Yes, Youde can still conduct wedding ceremonies out of the decommissioned Lutheran church he bought back in 2003. ...

Sirens 6-25-09 (06/25/09)
Sara Wirkus, 23, Spencer, was charged with theft fifth degree at 4:12 p.m. Tuesday, June 16, at Wal-Mart. She was released on a police citation. Shayne Pomeroy, 23, Ruthven, was charged on a Clay County warrant for failure to serve sentence at 8:57 p.m. Saturday, June 13, in the 300 block of Grand Avenue. He was transported to the Spencer Police Department...

Appeals Court hears Castillo-Alvarez case (05/30/09)
The Iowa Court of Appeals will determine if a former Estherville man's right to a speedy trial was violated through the timing of court filings near the end of a decade-long extradition process. The appeals court on Friday heard oral arguments involving Juan Humberto Castillo-Alvarez as part of the 86th Annual Lawyer's Chautauqua in Okoboji...

Arson cases: One delayed, one resolved (05/07/09)
A Pocahontas man who started a fire in the mental heath wing of Spencer Hospital avoided prison time as part of a plea agreement finalized Tuesday at the Clay County Courthouse in Spencer. Jared Lee Reinholdt entered a plea of guilty to third-degree arson and Judge Nancy Whittenburg suspended a two-year sentence as part of an agreement reached with prosecutors...

Ruling closes 2008 murder case (05/06/09)
A Dickinson County judge has dismissed charges against the third defendant in the April 2008 murder case which resulted in the death of Matthew Begtrup. John Allen Swan, 31, of Crossett, Ark., Scott Thomas Adair, 30, of Crossett, Ark. and Michael James Friedrichs, 30, of Forest City were accused of first-degree murder in a Milford incident in April 2008...

County to move on well head protection (04/09/09)
A meeting with Spencer Municipal Utilities reps, Leon Rodas, Steve Pick and Don Baxter during Monday's Clay County Board of Supervisors meeting prompted the county's governing officials to address well head protection for common water sources currently outside the city's protection guidelines...

Patient charged with setting hospital fire (03/31/09)
The Pocahontas man accused of starting a fire at Spencer Hospital March 19 will face a charge of first-degree arson. Jared Lee Reinholdt has been given an April 3 preliminary hearing date in Clay County District Court, but a trial information document typically cancels the need for an appearance...

Judge negates jury verdict (03/12/09)
A Dickinson County judge has acquitted Kenneth George Neilson, Jr., negating a jury verdict pronounced late last year. In December 2008, a Lakes area jury convicted Neilson, 56, of Spirit Lake of involuntary manslaughter by reckless act. Neilson was charged in connection with a shooting on July 29, 2007 that took the life of Marlan Lutterman, 53, of Worthington, Minn. Neilson told officials on that day that he was cleaning his gun in his apartment when he fumbled and the weapon fired...

Spencer man receives 30-year sentence (03/05/09)

County, former employee settle federal lawsuit (03/05/09)
A former Clay County employee will receive a $105,000 settlement from the county's insurance provider to settle a dispute over her 2007 dismissal. Sally L. Becker, a former employee in the Clay County Treasurer's and Recorder's offices, filed a wrongful termination lawsuit against the county on Dec. 27, 2007, at the U.S. District Courthouse in Sioux City...

Prather case pt. 1 - Defendant's appearance delayed (03/04/09)
The court appearance for the Spencer man suspected in a fatal drunk driving case has been postponed until 10 a.m. Thursday after a self-inflicted medical emergency delayed the court process Tuesday morning. Attorneys handling the James Prather vehicular homicide case scrambled to coordinate a change of circumstances in the 15 minutes before the 57-year-old was scheduled to enter a guilty plea. ...

Prather case pt. 2 - Sharing their pain (03/04/09)
Tabitha Wilson sent out a heartfelt request via Facebook to all who might read it: "Help Brian." Tuesday morning, Wilson saw her plea answered as about 30 family and friends of the late, Brian Beck packed one side of the Clay County Courthouse, awaiting the opportunity to share with Judge Nancy Whittenburg and the rest of the courtroom, the impact that the loss of Beck had on those in the community who knew him...

UPDATE -- Prather expected to recover, has new court date (03/03/09)

Swan sentenced to three years probation (02/26/09)
After several continuances, the sentencing hearing for John Swan, 31, of Crossett, Ark. was held this Monday morning, Feb. 23 at the Dickinson County Courthouse. Swan is sentenced to three years probation for his role in a bar fight last April. Initially, Swan was one of three men accused of murder in the April 4, 2008 altercation outside of Zippers in Milford that took the life of Matthew Thomas Begtrup, 25, of Sioux Falls...

Eggs and Issues No. 2: Labor issues and taxes (02/17/09)
Labor issues and taxes, which are taking center stage this week as the Iowa Legislature enters its sixth week, also were at the center of several heated comments made during Saturday morning's Eggs and Issues session as the political ideologies of Sen. Jack Kibbie (D-Emmetsburg) and Rep. Marcie Frevert (D-Emmetsburg) differed with those of Sen. David Johnson (R-Ocheyedan) and Rep. Mike May (R-Spirit Lake)...

Area men sentenced for meth deals (01/10/09)
Four northwest Iowa men will spend a combined 53 years and 8 months in prison for their roles in a methamphetamine pipeline. U.S. District Court Judge Mark W. Bennett gave 40-year-old Michael Roth of Spencer the most severe sentence, according to a statement Friday from U.S. ...

No jail time for bank executive (12/16/08)
A rural Everly bank executive received a suspended sentence for bank activities deemed illegal by a Clay County jury. Judge Don Courtney on Monday suspended the jail time on three Class D felony convictions involving 40-year-old Shane Habben. The charges were filed after the county attorney's office looked into charges of misconduct, which took place between July 13, 2004, and November 2006 at State Bank in Spencer...

Rural Everly man's sentencing delayed (12/09/08)
Sentencing will take now take place place at 10 a.m. Monday, Dec. 15, at the Emmet County Courthouse in Estherville for a rural Everly man suspected of mishandling transactions during his role as a bank administrator. A Clay County jury found 40-year-old Shane Habben guilty of one count of second-degree theft and two counts of forgery on Oct. 2. Jurors returned their verdict about four hours after receiving the case...

Corn grower issues heard in VeraSun bankruptcy proceedings (12/05/08)
JOHNSTON -- The Iowa Corn Growers Association (ICGA), National Corn Growers Association (NCGA), and other corn grower states helped bring about key developments at the VeraSun bankruptcy hearings in Delaware, Tuesday, Dec. 2. The states together filed a motion to challenge bankruptcy provisions that threaten future corn sales contracts. ...

Vehicular homicide case delayed (12/02/08)
A Spencer man's trail related to a traffic death in August has been delayed. James Owen Prather, 51, of Spencer faces felony charges of vehicular homicide, serious injury by motor vehicle and leaving the scene of an accident resulting in death. Prather pleaded not guilty to the charges and waived his right to a speedy trial. The case was set to begin Tuesday at the Clay County Courthouse...

Unlicensed, uninsured drivers face charges (11/19/08)
Clay County Deputies and members of the Spencer Police Department continue to see numerous drivers who choose to be on Clay County roads even through their driving privileges are in question. In some instances this fall, additional charges surfaced following the traffic investigation. In each case the driver in question was held and schedule to appear before a magistrate. Some posted bond...

Spencer man receives federal conviction (10/01/08)
A January 9 court date has been set for a 25-year-old Spencer man convicted of distributing methamphetamine. Eder Noe Sosa-Jimenez was convicted Wednesday, Sept. 24, of: The verdict was returned after about seven hours of jury deliberations according to a statement released Tuesday by U.S. Attorney Matt Dummermuth...

Mallard man gets 22-year prison sentence (10/01/08)
A 41-year-old Mallard man was sentenced to 22 years in prison for distributing more than 150 grams of methamphetamine in Palo Alto County and Clay County. Kenneth Putensen received the prison term after an April 3 guilty plea to one count of having been previously convicted of two felony drug offenses and then conspiring to manufacture and distribute methamphetamine...

Adair enters guilty plea for voluntary manslaughter (09/17/08)
Plea agreements have been reached for two of three men accused of murder in an April bar fight outside of Zippers in Milford. Scott Thomas Adair, 29, of Crossett, Ark. entered a guilty plea to voluntary manslaughter on Monday. In his plea, Adair admits to delivering unjustified hits that took the life of Matthew Thomas Begtrup, 25, of Sioux Falls...

SL school board hearing continued (09/05/08)
Following a series of delays for professional and personal conflicts, a hearing on a motion to dismiss in the non-jury trial for Spirit Lake School Board President Beth Will and Vice President Ann Goerss is now scheduled to take place Sept. 15 at 1 p.m. in Courtroom A of the Dickinson County Courthouse...

Prather enters 'not guilty' pleas (09/03/08)
A Spencer man has entered not guilty pleas to charges associated with a fatal motorcycle crash earlier this summer. James Owen Prather was scheduled for a court appearance Tuesday but instead entered his not guilty pleas in writing. The 57-year-old Spencer man faces charges of vehicular homicide, serious injury by a motor vehicle and leaving the scene of an accident resulting in death...

Lawson: No impact on Spencer cameras (09/02/08)
DES MOINES (AP) -- The Iowa Supreme Court, in a split ruling on Friday, upheld the city of Davenport's use of traffic cameras to catch speeders and drivers who run red lights. The ruling involved the case of a man who challenged the city's ordinance, which authorized the use of cameras and sensors to catch motorists who violate traffic laws...

Payne escapes prison time in conviction (08/27/08)
Despite an emotional appeal from the victim and her mother in court Monday, Kyle Dean Payne will serve no prison sentence for his conviction on three crimes related to an incident in which he partially stripped an unconscious fellow Buena Vista University student, photographed himself fondling her body, and later installed the images and video on his computer...

Arraignment set in vehicular homicide case (08/22/08)
A Spencer man will have a chance to respond to amended charges for his possible role in a traffic fatality earlier this summer. James Owen Prather faces a charges of vehicular homicide, serious injury by vehicle and leaving the scene of an accident resulting in death. The vehicular homicide charge is a Class B felony and carries a penalty no more than 25 years in prison...

Agriprocessors supervisor faces additional charge (08/20/08)
DES MOINES -- A supervisor arrested after a massive immigration raid at the Agriprocessors plant in Postville is expected to plead guilty on Wednesday to charges he knowingly hired illegal immigrants, according to court filings. Juan Carlos Guerrero-Espinoza is expected to plead guilty to charges he conspired to hire illegal immigrants and aided and abetted the hiring of illegal immigrants...

Council moves ahead with sewer surcharge (07/09/08)
Calling it, "the fairest way to do this," City Manager Bob Fagen, watched as Spencer's seven city councilman approved the second filing of an amendment which will create a proposed $5 Combined Sewer Initiative Surcharge to the city of Spencer wastewater customers...

Appeals court to hear cases in Okoboji (05/29/08)
A workman's compensation claim and a possible open meetings violation are on the docket as the Iowa Court of Appeals brings its process to the Iowa Great Lakes. Cases typically are heard in Des Moines, but will be moved to Arrowwood Resort and Conference Center as part of the 85th annual Lawyers' Chautauqua in Okoboji...

Judge denies bond reduction in Milford murder case (05/28/08)
Judge Patrick Carr has decided to keep the bail set at $750,000 each for three men accused of a Milford murder earlier this spring. John Allen Swan, 30, of Crossett, Ark.; Scott Thomas Adair, 29, of Crossett, Ark.; and Michael James Friedrichs, 29, of Forest City, appeared in court for a bail review hearing last Monday. Judge Carr's decision reached the Clerk of Court's office this week...

Accused murderers request bond reduction (05/20/08)
Three men accused of a Milford murder this spring await a judges' decision on bond reduction after appearing before Dickinson County Court Monday morning. John Allen Swan, 30, of Crossett, Ark.; Scott Thomas Adair, 29, of Crossett, Ark.; and Michael James Friedrichs, 29, of Forest City are being held in the Dickinson County Jail on $750,000 bond...

Annual Health Fair set for Thursday (05/17/08)
The Annual Health Fair, sponsored by the Spencer Area Activity Center and the RSVP Volunteer Program, will be Thursday, May 22, starting at 9 a.m. at Gateway North Center. People of all ages are invited to participate. A new addition to this year's Health Fair is the opportunity for participants to attend several workshops, including the following:...

Raid in Postville: Authorities confirm largest work site enforcement ever (05/17/08)
By Russ Mitchell Daily Reporter Staff A total of 306 people who were detained at Agriprocessors Inc of Postville have now been arrested on criminal charges, federal prosecutors confirmed in a statement released Thursday. The 281 men and 25 women are part of a group of 389 people who were administratively arrested by Immigration and Customs Enforcement (ICE) on Monday...

Castillo-Alvarez files appeal (05/16/08)
Juan Humberto Castillo-Alvarez wants the Iowa Supreme Court to take a fresh look at convictions stemming from his involvement in the death of an Estherville teenager 11 years ago. Judge Don Courtney found the former Estherville restaurant owner guilty of second-degree murder, second-degree kidnapping and conspiracy to commit a forcible felony Jan. 25 at the Palo Alto County Courthouse in Emmetsburg. The guilty verdict came after a trial that spanned parts of three days in September...

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