Newton Independent

Court hearings delayed for Newton man charged in Mingo woman's death

Newton Independent

The probation revocation hearing and pretrial conference previously set for the Newton man charged in connection with the drug overdose death of a Mingo woman has been pushed back a week at the request of his attorney.

Wyatt Franklin, 19, had previously been scheduled to appear in Jasper County District Court today for a hearing on whether to revoke his probation on previous felony drug convictions and a pretrial conference on the felony involuntary manslaughter charge he faces in connection with the death of Shasta Sapp, 19, in November. Last week, Franklin's attorney filed a motion to continue today's hearings.

Last month, Franklin was court-ordered into a residential drug treatment program at the Mount Pleasant Mental Health Institute. He is scheduled to be released from the program today, but his attorney argued in his motion that there would not be sufficient time for Franklin to travel from Mount Pleasant to the courthouse in Newton to attend today's hearings.

District Court Judge Brad McCall reset the hearings for 1:30 p.m. Monday, Feb. 20.

On Sept. 26, 2011, Franklin received a deferred judgment in Jasper County District Court on felony charges of conspiracy to manufacture, deliver and/or possess with intent to delivery hydrocodone and failure to affix a drug tax stamp. While avoiding prison time, he was placed on probation for two years and ordered to pay civil penalties totaling $1,750 plus more than $5,000 in court costs.

In late December 2011, probation officers filed a notice of violations with the court after finding Franklin to be continuing to abuse prescription drugs. While in the Jasper County Jail awaiting the probation revocation hearing on his previous convictions, the Jasper County Sheriff's Office charged Franklin in Sapp's death.

On Nov. 12, the Jasper County Sheriff's Office, along with Colfax Fire and EMS, responded to a report of an unresponsive female at 886 W. 120th St. S. in rural Colfax. Upon arrival at the residence, Sapp was discovered and transported to Skiff Medical Center in Newton where she was pronounced dead.

During the investigation, it was determined that Sapp had consumed both alcohol and oxymorphone, a schedule II controlled substance, prior to her death. An autopsy conducted on Sapp determined that the level of oxymorphone found in her system contributed to her death. The investigation determined that Franklin allegedly supplied and prepared the oxymorphone that Sapp consumed.

Oral arguments in Maytag retiree appeal up in the air

Newton Independent

When oral arguments might happen in the UAW and its Local 997's appeal of the court ruling that said Whirlpool was within its rights when it changed the medical benefits to more than 3,000 Maytag retirees and their dependents is now anybody's guess.

On Friday, lawyers for Whirlpool told the court the dates they would be available for upcoming sessions of the Eighth Circuit Court of Appeals' oral argument hearings.

And, as one might have guessed, lawyers for Whirlpool aren't available during the June session, the only one in the next five months that lawyers for the union said they could attend.

Oral arguments in Maytag retiree medical benefits appeal won't be anytime soon

Newton Independent

Oral arguments in the UAW Local 997's appeal of the federal court decision allowing Whirlpool to change the medical benefits to Maytag retirees won't take place any time soon after lawyers for the union told the court they are unavailable until June.

Earlier this week, the court asked the attorneys in the case to review a timetable of oral argument sessions set for the coming months to determine a time for the hearing to be be held. Robert Seltzer, the Chicago-based attorney representing the union responded in a letter on Thursday that he currently has conflicts with the February, March, April and May session dates.

Seltzer said he is available for the June 11-15 session of oral arguments before the Eighth Circuit Court of Appeals.

The UAW and its Local 997 Maytag retirees are appealing the decision of the federal district court that said Whirlpool had a right to change the medical benefits provided to former Maytag workers. The UAW argues that Whirlpool didn't have the right to bring suit and, should standing be found, that retiree benefits were vested and/or the changes made so dramatic they go beyond the scope of reasonableness.

Lawyers for Whirlpool have yet to indicate to the court their availability.

Legal battle over Iowa Speedway sale escalates

By PETER HUSSMANN

Court documents filed today show the multi-million-dollar legal battle involving the sale of the Iowa Speedway between local families continues to escalate.

Late last month, the Clement family, as the new majority owners of the Newton racetrack, filed suit against the Manatt family claiming they had breached the purchase agreement by failing to pay all pre-closing accounts payable and indebtedness. Further, the suit contends Manatts failed to pay for its sponsorship and licensing agreement for the 2011 racing season at Iowa Speedway.

Due to those breaches, the lawsuit contends, the Clements had the right to offset those losses from the $2 million promissory note backed by Conrad Clement that was due to the Manatts at the first of the year as part of the overall $19.2 million sale. Early this year, the Clements provided Manatts with a payment of $152,500, the amount deemed was owed on the $2 million promissory note due Jan. 3, 2012 after subtracting the offsets.

The Manatt family rejected the payment and claimed the failure by the Clements to pay the $2 million constituted a failure of payment under the terms of the purchase agreement. The Manatts gave Clements 15 business days to cure the default or face legal action to collect the amount due, a date that has now since passed.

Court documents filed today show that Manatts are now deeming a second promissory note for $4.27 million backed by Condrad, Stanley, Eric and Tracy Clement is past due. The Manatts are giving the Clements until the end of next week to make the payment or again face litigation. The remaining $13 million of the sale price is secured by a mortgage held by Jefferies Mortgage Finance.

In addition, Manatt's has now made a demand for the payment of nearly $500,000 for invoices it made to the Iowa Speedway for past management fees and work done at the track. In addition, Manaco, the parent company of the paving company, is seeking nearly $160,000 for cash overfunding it claims was made as part of the sale.

"If payment of this amount ($658,182.15) is not made by Feb. 20, 2012, then Manatt's will institute litigation against (the Iowa Speedway) to recover the amounts it is owed, Manaco will institute litigation against (the speedway owners) to recover the amounts it is owed, and Manaco will seek consent from Jefferies Mortgage Finance, Inc., to institute litigation against (the speedway) for the amounts it is owed," court filings indicate.

The Clements reject the Manatt's assertions "that events of non-payment and/or events of default have occurred" under the loan agreement and promissory notes, court documents filed today indicate. Further, the Clements filed an amended petition today that asks the court to dismiss Manatt's requests for payment of the invoices and cash overpayments.

Eighth Circuit asks lawyers to set time for oral arguments in appeal of Maytag retire lawsuit

Newton Independent

Lawyers involved in the legal fight over Whirlpool's right to make changes to the medical benefits of Maytag production worker union retirees were notified of potential dates where they will make oral arguments in the appeal.

The Eighth Circuit Court of Appeals, in a court filing today, said that the case has been screened for oral argument and asked the attorneys to review the upcoming oral argument schedule and determine a time when the appeal of the federal district court's decision in Whirlpool's favor can be heard.

The current oral argument schedule has sessions set on Feb. 13-17, March 12-16, April 16-20, May 14-18 and June 11-15 at various sites throughout the Eighth Circuit's jurisdiction.

The attorneys will be given approximately four weeks notice before the scheduled argument date.

County papers in legal spat over official newspaper designation

By PETER HUSSMANN

The publisher of the Jasper County Tribune in Colfax is contesting the circulation figures provided by the Hometown Press to the Jasper County Board of Supervisors last month that allowed the Sully publisher to gain official newspaper status for the first time.

The Jasper County Tribune filed notice of its appeal of the board's designation of the Hometown Press as one of the three officials newspapers in the county in Jasper County District Court. 

Under Iowa Code Section 349, the supervisors are required to select three newspapers in the county to serve as official newspaper and receive payment for the publication of county legal notices. In cases where more than three newspapers seek the designation, the board is required to make its decision based on certified subscribers numbers provided by the papers. The three papers with the highest circulations receive the designation.

The Hometown Press provided information to the supervisors stating its circulation totaled 723. The Jasper County Tribune reported circulation numbers of 464, the lowest of the four circulation data sets provided.

The Newton Daily News (2,840) and the Prairie City News (523) were also granted official newspaper status, though their circulation figures are not being challenged.

The official newspaper designation is lucrative for newspapers. Last year, when the Jasper County Tribune held official newspaper status, the county paid the paper $13,789 to publish county legal notices. Newspapers also get paid for publishing legal notices from schools and cities, as well as other filings such as probate notices and foreclosure actions.

A district court judge has yet to set the time and date for the hearing on the matter.

Public defender asks to withdraw as Kibbee's counsel due to conflict

Newton Independent

The public defender appointed to represent the Kellogg man indicted on federal mortgage fraud charges is asking the court that he be allowed to withdraw due to a conflict of interest.

Last Friday, after the court granted Jason Kibbee's former private attorney's motion to withdraw, attorney Robert C. Dopf of Urbandale was notified by the Federal Defender's Office that he had been appointed to represent the defendant in the criminal case.

Dopf this week made contact with Kibbee's previous counsel and the prosecuting attorney. On Wednesday, he was provided documents in connection with the case. Upon review of those materials, Dopf determined he had "a conflict of interest that compels him to withdraw from this case."

Dopf, who filed his motion to withdraw today, had yet to make an appearance on behalf of Kibbee.

Last month, Kibbee's private attorney, J. Keith Rigg, asked to withdraw due to nonpayment of legal fees by Kibbee. The court granted his motion and ordered that a public defender represent the Kellogg man on the mortgage fraud charges, but stipulated he pay $500 a month toward the cost.

Kibbee is currently scheduled to stand trial on the charges in April.

Arbitrator sides with former TPI worker in disability claim

By PETER HUSSMANN

A state arbitrator awarded a former TPI worker in Newton more than $67,000 in compensation after he developed a permanent partial disability while working as a production laborer at the plant over a two-year period.

Rafael Gonzalez, 48, was found to have incurred a 35 percent permanent loss of earning capacity after developing a hypersensitivity to the fiberglass epoxy resins used in manufacturing the wind blades at the Newton plant, the arbitrator found.

In the summer of 2010, Gonzalez began developing rashes on his chest, arms, neck and face, the Iowa Workers Compensation arbitrator's decision states. After testing by a dermatologist, it was determined by Gonzalez's doctor that he had "developed a contact dermatitis from an allergic reaction to epoxy resin at the TPI facility."

The dermatologist directed that to avoid future reactions, Gonzalez "must completely avoid exposure to wet and partially wet epoxy resin," the order states.

Also in 2010, Gonzalez suffered a work injury while working on a team in the molding of blades. After the injury, he attempted to return to work in other areas of the plant but could not do so without problems, the ruling states. He was terminated by TPI in September 2010 due to an inability to return to work.

The state arbitrator found that Gonzalez's allergy to epoxy resins did not pre-exist his employment at TPI. During the 12 years he worked as a factory worker at Maytag prior to its closure, there were no medical records showing any prior skin problems.

"(Gonzalez) worked at TPI in the molding area, where the resin exposure was the highest, for almost two years without problems before developing the contact dermatitis," the arbitrator found. "Consequently, I must conclude that (he) had no allergy to epoxy resins prior to coming to TPI and his TPI work caused this hypersensitivity to such resins."

In finding the permanent partial disability, the arbitrator noted that epoxy resins are "pervasive in the modern world" making Gonzalez unable to work in the manufacturing sector in the future.

"Epoxy resin that is wet or partially wet is pervasive in the modern world," the arbitors ruling states. "It is contained in not only molds, dies and models, but in paints, glues and adhesives that would be common in a host of manufacturing environments. Rafael is not able to work in such environments due to his work injury."

The Workers Compensation arbitrator ordered that TPI, and its insurance carrier New Hampshire Insurance Company, pay Gonzalez 175 weeks of permanent partial disability benefits at the rate of $383.24 per week from the commencement date of Aug. 28, 2010. The payment is to be made in a lump sum with TPI receiving credit against the award for all benefits previously paid. TPI was also ordered to pay the costs of the action, including reimbursement to Gonzalez of any filing fee paid.

Noted Des Moines lawyer makes appearance on behalf of two charged in synthetic pot sting

By PETER HUSSMANN

A high-profile Des Moines attorney made his appearance on behalf of the two Jasper County convenience store operators targeted in an undercover drug operation for selling synthetic marijuana.

Alfredo Parrish made his appearance in Jasper County District Court on Tuesday on behalf of Jawant Singh, operator of the Petro Stop in Newton, and Jarnail Manhani, operator of the Kellogg Country Store.

Both men were charged with several counts of delivery and/or possession with intent to deliver a synthetic cannabinoid after undercover agents with the Mid-Iowa Narcotics Enforcement drug task force made purchases of packages of products marketed as incense and potpourri, along with smoking paraphernalia, at the two stores over the past several months.

Last week, the drug task force executed search warrants at the two stores where an abundance of the products were found.

Last year, the Iowa State Legislature and Gov. Branstad signed into law a measure banning certain synthetic marijuana products. However, sale of similar products remain prevelant throughout the state.

The problem, as this report from the Cedar Rapids Gazette last month spells out, is that manufacturers have changed the chemicals used in the production of the product so that they do not include the specific chemicals banned under the state law.

Trinity moves wrongful termination case to federal court

Newton Independent

Attorneys for Trinity Structural Towers have moved the wrongful termination lawsuit filed against the Newton wind tower producer by a former worker to the federal court system in Des Moines.

Gregory Mack of Pella filed suit against the company in Jasper County District Court earlier this month claiming he was terminated from his position after seeking treatment for an injury he sustained on the job.

The suit contends he was terminated after seeking to make a valid worker's compensation claim for the injury he sustained while working as a painter at the plant.

Kellogg Country Store also targeted in synthetic marijuana bust

Newton Independent

A press release issued by the Mid-Iowa Narcotics Enforcement (MINE) Drug Task Force indicates that the operator of the Kellogg Country Store was also targeted in the undercover drug operation targeting the sale of synthetic marijuana.

In addition to charges filed against the operator of the Petro Stop in Newton, the MINE task force filed four counts of possession and/or possession with intent to deliver a synthetic cannabinoid, aggravated misdemeanors, against Jarnail Manhani, 58, after more than 130 grams of the synthetic marijuana was found at the convenience store following a search on Tuesday.

Undercover officers made three purchases of the synthetic cannabinoid, which is marketed as potpourri and incense, at the Kellogg Country Store before executing a search warrant on Tuesday.

Petro Stop owner charged with selling synthetic marijuana

Newton Independent

The owner of the Petro Stop convience store near Maytag Park has been charged for selling sythetic marijuana from his store following an undercover operation by the Mid-Iowa Narcotics Enforcement (MINE) Task Force.

Jawant Singh, 46, was charged with four counts of delivery and/or possession with intent to deliver a synthetic cannabinoid, an aggravated misdemeanor.

According to court documents, on Nov. 21, 2011 at 9:27 p.m. an undercover officer went to the Petro Stop store at 404 S. 11th Ave. W. where Singh was working the cash register. The officer asked to purchase 100% Pure Evil, synthetic marijuana marketed as a botanical potpourri. In addition, he also asked to purchase a pipe with which to smoke the substance. Singh allegedly sold the officer a one gram bag of the product, which was not displayed and stored behind the counter, as well as the pipe.

Eight days later, an undercover officer made another purchase of Pure Evil from the store.

At 7:21 p.m. on Tuesday, an undercover officer entered the store and asked to purchase Mr. Nice Guy, a form of incense. The officer also asked for some other synthetic marijuana products by name but was told by Singh that they were out of stock, court records state. At this time, the officer made clear his intent to smoke the product.

Later that evening, at 8:48 p.m., members of the MINE Task Force executed a search warrant at the convenience store. During the search of the business, officers located 2,700 grams of packages of synthetic cannabinoid substances packaged and marketed as types of incense and potpourri under various names.

"Based on the investigation, the defendant is selling these items with the knowledge that individuals are purchasing them with the intent to smoke the contents," court documents state.

MINE Task Force representatives said in a press release issued today that the investigation started following numerous complaints from concerned citizens about the sale of K2 spice from the convenience store. Anyone with further information is asked to call 641-792-7474.

Singh was released on $8,000 bond. His initial appearance is Feb. 7.

Public defender to represent Kellogg man on mortgage fraud charges

By PETER HUSSMANN

The Kellogg man facing mortgage fraud charges will be represented by counsel from the federal public defender's office after the court granted his private attorney's request to withdraw.

U.S. Magistrate Ross Walters granted J. Keith Rigg's motion to withdraw as counsel for Jason Kibbee at a hearing in Des Moines on Wednesday. Earlier this month, Rigg asked to withdraw citing Kibbee's lack of payment for his legal services as the cause.

Walters also ordered that Kibbee pay $500 per month "to help defray the public cost of his defense" on the charges. The first payment is due Feb. 1 and are due the first of each month thereafter. His trial is currently set for April 2.

Kibbee is charged with one count of wire fraud and one count of making a false statement to a financial institution. The indictment handed down by the federal grand jury in September alleges that Kibbee made false statements, used a disabled relative as a straw buyer and forged documents in connection with a real estate transaction that he said would help a homeowner whose house was in foreclosure.

Producer of 'Underground' horror flick shot in Newton pleads guilty in film tax credit scam

Newton Independent

The producer of the horror flick shot in Newton in the summer of 2009 plead guilty in Polk County District Court on Tuesday to fraud, forgery and conspiracy to commit forgery for taking advantage of Iowa's loosely run film tax credit program.

Harel Goldstein, 50, of Calabasas, Calif., used the alias Harel Gold to participate in the film tax credit program and shoot the film "Underground" at Maytag Plant 2. The film put out a call for Newton residents to act as extras for a party scene in the film.

Goldstein used the alias to hide the fact that he had already plead guilty to federal bank fraud charges. In May 2010, he was sentenced to nearly four years in federal prison.

U.S. rules in favor of LG in dispute with Whirlpool over refrigerator patent

Newton Independent

LG Electronics issued a press release on Tuesday stating that it had "won a significant victory" in a refrigerator patent dispute with Whirlpool Corporation.

The U.S. Patent and Trademark Office (PTO) recently ruled that Whirlpool failed to prove that it invented the concept of a refrigerator dispenser with an extendable tray and water spigot earlier than LG, the release states.

After being sued in Delaware by LG for infringement of two LG patents, Whirlpool asked the PTO in 2008 to resolve the priority of invention between the two LG patents and Whirlpool's application. In 2009, the PTO board declared the interference and issued a preliminary decision in 2010 that confirmed LG's entitlement to its earliest application filing date.

In the Delaware court action, a jury rejected Whirlpool's priority defense, the release continues. After the defeat in March 2010, Whirlpool argued to the PTO that its prototype refrigerator shown to consumer focus groups in 2003 was an earlier use of the refrigerator system.

Last week, the release states, the PTO board rejected Whirlpool's allegation and agreed with LG Electronics that Whirlpool failed to prove that the prototype refrigerator worked for its intended purpose. The Jan. 19 decision entered by the PTO board states that LG's patents remain valid and Whirlpool's claims are "finally refused."

UAW lawyers reiterate arguments in Maytag retiree medical benefits appeal

By PETER HUSSMANN

Lawyers for the UAW reiterated arguments that Whirlpool had no right to file a lawsuit against the 3,000-plus Local 997 Maytag retirees and their dependents over the company's right to change medical benefits and further that those benefits were vested.

On Monday, lawyers for the UAW filed a reply brief in its appeal to the U.S. Eighth Circuit Court of Appeals of the federal district court's ruling last year that allowed the company to change the health care coverage benefits offered to retired Maytag production employees.

Monday's filing argues that District Court Judge James Gritzner erred when he held that a case or controversy existed at the commencement of the lawsuit over the company's plan to modify retiree medical benefits.

Lawyers for the UAW argue that prior to filing the lawsuit in July 2008 that Whirlpool had provided no notice to the Union or the Newton retirees that it planned to change the retirees' medical benefits.

"The Company did not notify the retirees of the impending changes to their medical benefits until Aug. 1, 2008, eight days after it filed this lawsuit on July 24, 2008," the filing states. "The Company had numerous opportunities during contract negotiations in July 2008 to advise the Union that it was going to unilaterally change the retirees' medical benefits effective on Jan. 1, 2009, but it never did so.

"Accordingly, there was no case or controversy between the Company and the Union (or the Company and the class of retirees) prior to the Company's commencement of this lawsuit."

Further, lawyers for the UAW disagree with Whirlpool's contention that company initiated legal action in response to the labor negotiator's indication that he would not engage in bargaining for retiree benefits.

"In this case, there is no evidence that the Union made any threats of legal action against the Company before the Company filed this lawsuit," the filing states.

And since no reduction benefits notification was given to the Union or retirees before Whirlpool commenced the lawsuit, Union lawyers argue, their is no evidence that a case or controversy even existed.

"The Union and retirees could not have sued the Company because they did not know they were in a race to the courthouse," the filing states. "The evidence shows that the Company did not suffer an 'injury of fact,' which was 'concrete and particularized,' and 'actual or imminent, not conjectural or hypothetical,' thereby establishing standing and a case or controversy for this declaratory judgment action.

"Accordingly, this Court should find that the district court erred when it held that a case or controversy existed at the commencement of this lawsuit over the Company's plan to modify retiree medical benefits."

Lawyers for the UAW also argue at length in the brief that the district court erred when it ruled that the trial evidence failed to demonstrate by a preponderance of the evidence that the Union and the Company had agreed to vest retiree medical benefits.

In addition, the filing argues that should Eighth Circuit Court agree that the benefits were vested, the question then moves to whether the changes placed on Maytag retirees' medical benefits were "reasonable," a contention Whirlpool makes.

Lawyers for the retirees noted that prior to the Jan. 1, 2009 changes, the Newton retirees paid no contributions for their medical coverage.

"Whirlpool's changes resulted in a dramatic increase in the retirees' costs," the filing states.

Specifically, the filing notes that the 80/20 plan option had a $500 per person annual deductible after which the plan would pay 80 percent until the retiree reached a $3,500 per person coinsurance maximum. The 70/30 plan option had a $1,500 per person annual deductible after which the plan would pay 70 percent of the cost until the retiree reached a $12,000 coinsurance maximum.

Prior to the change, the filing notes, the retiree's per person contribution was $1,726 per year for pre-Medicare and $1,662 per year for Medicare eligible for the 80/20 plan and $994 per year for pre-Medicare and $912 per year for Medicare eligible retirees under the 70/30 plan.

"Contrary to the Company's claims, there is no record evidence that the Newton retirees had ever been subjected to cost increases of this magnitude as a result of prior changes to their benefits," the filing states. "Accordingly, if this Court determines that the retirees' medical benefits are vested, it should further hold that Whirlpool's changes were impermissible or it should remand to the district court for a determination whether Whirlpool's 'changes brought (the retirees') benefits below a level reasonably commensurate with the coverage they had enjoyed theretofore."

The full document can be downloaded below.

Download UAW response brief

Stoner gets 10 years prison on involuntary manslaughter counts

By PETER HUSSMANN

A Newton man charged in connection with a traffic accident that claimed the lives of two Newton Senior High School students last year will spend up to the next 10 years in prison.

District Court Judge Brad McCall this afternoon sentenced Joseph Dean Stoner, 19, to five years in prison on each of the two counts of involuntary manslaughter he plead guilty to last November in connection with the single-vehicle crash south of Newton that claimed the lives of David Stattleman, 16, and Dakota Stattleman, 14.

Stoner was originally charged with two counts of vehicular homicide, Class B felonies, for allegedly causing the deaths of the brothers when his pickup left the gravel roadway and rolled at 4:40 a.m. in the 4600 block of South 36th Avenue West on March 17, 2011.

Stoner's attorney, John Billingsley, however, had filed motions asking that the vehicular homicide charges be dismissed because expert testimony he planned to introduce at the trial indicated Stoner was not likely driving the pickup truck at the time of the fatal crash. Prosecutors filed the amended charges in late November.

At today's sentencing hearing, Stoner's attorney said his client had apologized to the family and would like to pay his debt to society. Stoner made only one brief comment at sentencing.

"I wish I could go back and change things that happened that night," Stoner told the court.

In addition to the five year prison terms on each count, which are to run consecutively, Judge McCall ordered Stoner to pay a $750 fine on each count, plus court costs including attorney Billingsley's court-appointed lawyer fees, restitution of $3,535 to Jasper County for the costs of the autopsies and medical examiner's expenses and restitution of $3,400 to the Crime Victim fund to pay for the funeral expenses of the two brothers.

In addition, Judge McCall ordered that Stoner pay a total of $300,000 in victim restitution to the mother of the two teens, Angela Loudermilk.

Judge McCall told Stoner that he needed to come to terms that his substance abuse issues were "at the heart of the problems you face" and said his "inability to stay sober" while on presentence release shows he has "a serious substance abuse problem."

"You have a huge debt to pay," he told Stoner. "I hope you think about it and take advantage of all the opportunities" the prison system offers for rehabilitation.

Judge McCall also told Stoner that he has a "responsibility to his children, too." Stoner smiled and waved at his infant children while sitting shackled in the jury box in the main courtroom at the Jasper County Courthouse prior to today's sentencing hearing.

"Good luck to you, Mr. Stoner," Judge McCall concluded.

Stoner gets 10 years in Newton teens' deaths

Newton Independent

Joseph Dean Stoner, 19, was sentenced to 10 years in prison today on two counts of involuntary manslaughter in connection with the deaths of David Stattleman, 16, and Dakota Stattleman, 14, following a single vehicle crash in the early morning hours of March 17 last year.

More pending.

Man charged in EconoLodge robbery

Newton Independent

Newton Police filed charges today against the man arrested in Mississippi in a string of bank robberies across the south charging him with robbing the EconoLodge Inn & Suites motel in Newton last September.

Newton Police Lt. Wes Breckenridge issued a press release today stating that David Paul Beaudoin, 49, faces a charge of first degree robbery in connection with the robbery of the Newton motel at 1405 W. 19th St. S. on Sept. 13, 2011.

According to the release, Beaudoin is accused of displaying a knife and handing the motel clerk demanding money. The suspect was caught on video surveillance cameras and a physical description was obtained.

Beaudoin's physical description matched that of an individual who committed similar crimes at another motel and a bank in Iowa.

In early October, Beaudoin was apprehended in Mississippi where he has confessed to multiple bank robberies and two motel robberies.

First degree robbery is a Class B felony punishable by up to 25 years in prison.

Iowa Board of Medicine files charges against Newton doctor for inappropriately prescribing controlled substances

By PETER HUSSMANN

The Iowa Board of Medicine has filed disciplinary charges against a Newton doctor accusing him of prescribing excessive controlled substances to numerous patients, including those with known drug abuse histories.

The Board filed the Statement of Charges against Lafeyette J. Twyner accusing him of professional incompetency, inappropriate prescribing, improper pain management and unethical or unprofessional conduct on Friday.

As a practicing physician in Newton, the board stated that it had received information "which indicates (Dr. Twyner) engaged in a pattern of willful and repeated violations of the laws and rules governing the practice of medicine in Iowa, placing patients at risk of serious harm, when he prescribed excessive controlled substances to numerous patients, including patients with known drug histories," the statement of charges indicates.

Specifically, the board accuses Dr.Twyner of "indiscriminately and/or promiscuously" prescribing controlled substances to numerous patients "for other than a lawful purpose."

Dr. Twyner "prescribed large quantities of potentially lethal drugs to numerous patients with known substance abuse histories who exhibited drug-seeking behavior on numerous occasions" without establishing an appropriate physician-patient relationship, without performing or documenting an appropriate physical examination, without establishing appropriate treatment plans and without discussion of the risks of the use of the controlled substances.

A hearing on the charges will be held before the Iowa Board of Medicine on April 5. The full Statement of Charges can be read here.

Last month, a civil lawsuit was filed in Jasper County District Court that alleges Dr. Twyner's narcotic drug prescriptions led to a Newton man's drug addiction and ultimately his premature death. Earlier last year, federal law enforcement officials executed a search warrant at Dr. Twyner's previous Urgent Care medical practice office near downtown Newton. He is now practicing from an office on First Avenue East.

Dr. Twyner, 52, was issued his Iowa medical license in 1976. It will next expire in March 2013.