Newton Independent

November trial date set for Newton man charged with murdering his infant son

Newton Independent

A November trial date was set this week for the Newton man accused of murdering his 5-month-old son at the north-side Newton apartment he shared with the boy's mother in January 2012.

Joseph Olea, 25, will stand trial on charges of first degree murder and child endangerment resulting in the death of his son beginning Nov. 13 in Jasper County District Court after District Court Judge John Lloyd set the date following a pretrial conference on Monday.

Newton Police were called to an apartment at 210 E. 28th St. N. on Jan. 10, 2012 on report of suspected child abuse. Kaiden MIchael Olea was transported to Blank Children's Hospital in Des Moines where he later died of injuries to his head and neck.

Olea was charged in late July 2012 following a seven-month-long investigation by the Newton Police Department that determined blunt force injuries to the baby's head and neck allegedly resulted in his death.

He has been held in the Jasper County Jail on $250,000 bond since that time.

The boy's mother, Chelsea Miller, 25, was charged with felony child endangerment resulting in death for "having knowledge of Joseph Olea's violent tendancies" and permitting "him to be the sole caregiver of their child, which resulted in injuries and death."

She is scheduled to stand trial on July 10.

 

Judge denies change of venue motion in civil suit against Iowa Speedway

Newton Independent

The former director of operations at Iowa Speedway has been denied her request to move the sex discrimination and retaliation lawsuit she filed against the Newton track and its president earlier this year out of Jasper County.

District Court Judge John Lloyd denied Gail Nungesser's motion for a change of venue following a hearing on the matter Tuesday.

Nungesser asked for a change of venue in the civil lawsuit she filed earlier this year against Iowa Speedway President Stan Clement, Chuck Spicer, vice president of sales and marketing, and the U.S. Motorsport Corp., owner of the Iowa Speedway, claiming they "have such undue influence over the inhabitants of Newton and Jasper County that (she) cannot obtain a fair trial."

The lawsuit contends Clement made derogatory, sex-based statements about her, instructed other employees not to listen to her and that she was fired from her position after complaining about the sex discrimination in the workplace.

To support her motion for a change of venue, Nungesser presented affidavits from three disinterested individuals not part of the action - Marci Stogdill, Lisa Christy and Mitchell Stogdill - stating they agreed the Iowa Speedway and its operators have "significant influence" which would make a fair trial unlikely.

In addition, attorneys for Nungesser included an economic impact study of the Iowa Speedway on the surrounding area completed by ISU economics professor Dave Swenson. Swenson filed an affidavit that acknowledged he authored the report at the request of the City of Newton and was paid $5,000 for the effort.

Attorneys for the Motorsports Corp., and its top officials have denied the allegations made in the lawsuit and resisted the motion for a change of venue.

Defense attorneys also provided court affidavits from four parties who believed Nungesser would be able to obtain a fair trial in Jasper County, including three Newton City Council members - Dennis Julius, Jeff Price and Craig Trotter. Only Julius noted in his affidavit that he was a current member of the City Council and that he did vote in favor of bringing the track to Newton years ago.

Julius stated in his affidavit that Jasper County residents are "fair minded" and would be unbiased by the fact that Iowa Speedway was involved. He further noted that though Iowa Speedway has helped the local economy through some jobs, there are residents in the county who are both for and against the racetrack.

Price stated in his affidavit that he is "not swayed in any fashion by the Iowa Speedway." He also noted "the fact the Speedway is named in this lawsuit may work against it, as much as it may work for it, I am aware of people who are not in favor of the Speedway."

Trotter said it is "a totally false assertion that the Iowa Speedway has such influence that Jasper County residents would be unable to vote fairly as members of a jury." He further noted that he does not consider the Speedway to be a major employer in Newton and that it's gift of some iPads to the Newton School District would not undercut the ability of residents to render a fair ruling.

Okoboji Grill owner Jeff Conn also filed an affidavit against the motion for a change of venue on behalf of the Speedway.

In his ruling, Judge Lloyd found Nungesser "did not meet the standard of proof required for a change of venue on the grounds urged" and added "Jasper County regularly calls several hundred jurors for its jury panels and there is no reason to believe that an unbiased jury of eight people cannot be obtained."

Newton woman's attempted murder trial pushed back again

Newton Independent

Next month's scheduled trial for the Newton woman accused of attempting to murder her quadriplegic daughter's former fiance was pushed back to late August after a Jasper County District Court Judge granted her defense attorney's motion for a continuance this week.

Jane Marie Shine, 53, is now scheduled to stand trial on several felony charges beginning Aug. 21 at the Jasper County Courthouse.

Shine is accused of entering the residence her daughter, Danielle Shine, shared with Eric Dale James at 511 E. 26th St. S. last July and shooting him several times. In addition to the attempted murder charge, she is also charged with willful injury causing injury, going armed with intent, use of a dangerous weapon and two counts of child endangerment because her daughter's two children, age 2 and 9 at the time, were present at the time of the shooting.

In court documents Jane Shine filed in attempting to get her bond reduced, the treatment her daughter was allegedly receiving from James at the time may have been a motivational factor in the shooting.

Newton Police Report

Newton Independent

• Chelsea A. Watters, 21, of Grinnell was charged with operating while intoxicated after police stopped her vehicle at 1:54 a.m. Sunday after she allegedly failed to stop at a stop sign for the westbound Interstate 80 off ramp. A field test indicated a blood alcohol content of .254. She was released to appear.
• Kelsey L. Hardy, 23, of Newton was charged with simple assault after she allegedly pulled another woman off a park bench at Maytag Park at 7:15 p.m. Monday. She was released to appear.
• A 17-year-old Newton female was charged with fifth degree theft after she allegedly concealed and attempted to leave Wal-Mart with $33.73 worth of items at 4:15 p.m. on May 14. The matter was turned over to juvenile authorities.

Newton Police Report

Newton Independent

• Doris A. Diamond, 76, of Newton was cited for failure to have control after striking the rear of a Ziegler work truck legally parked in the 300 block of South Eighth Avenue West at 5:05 p.m. Monday. According to police, Diamond was westbound on South Eighth when she pulled over to let eastbound traffic pass and struck the rear of the truck. A passenger in Diamond's vehicle, Charles D. Diamond, 80, complained of some pain but refused medical treatment. Damage to Diamond's vehicle was estimated at $8,000 while the Ziegler truck incurred damage estimated at $3,000.

Lynnville man found guilty of burglary, cleared of sex abuse charge

Newton Independent

A Jasper County District Court found the Lynnville man accused of entering another Lynnville residence last year and performing a sex act on a teenage girl guilty of burglary late Friday but cleared him on the sex abuse charge.

The jury returned its verdict against Gary Lee Eilander, 43, who had been charged with second degree burglary and third degree sexual abuse, at 5:30 p.m. Friday evening following a three-day trial.

Eilander was accused of entering the Lynnville residence at 4:30 a.m. on June 30, 2012 where he went to an upstairs bedroom where three females were sleeping. A 17-year-old female stated that she woke up to rustling noises and then felt a hand rubbing her back. When she turned, court documents state, the hand went down the front of her pants, touching skin.

The female was able to push the hand away and flee the room. She woke her parents where they confronted Eilander in the kitchen of the home. The parents said Eilander appeared intoxicated at that time, court records state.

Eilander, who has been held in the Jasper County Jail since charges were filed, had his $35,000 bond modified to $25,000 following the jury's verdict. Sentencing is set for July 29.

Newton Police Report

Newton Independent

• Daniel J. Jensen, 50, of Newton was charged with third degree burglary in connection with an incident reported to police at 3:51 p.m. May 9 at a residence in the 200 block of East 12th Street North. According to police, Jensen allegedly went to the front door of the East 12th Street residence where he attempted to force his way in by "acting as if he had a weapon down the front of his pants," grabbed the arm of the female at the residence, but was pushed out by the victim. He left the scene as the victim was calling police. Following an investigation by police, he was located at his residence where he was identified by the victim as the person who allegedly committed the burglary and then drove from the scene. He was also cited for driving while license suspended. He was taken to the Jasper County Jail.
• Jessica L. Burckel, 25, of Newton was charged with serious domestic assault in connection with an incident reported to police at 10:04 a.m. Thursday at a residence in the 1100 block of North Fifth Avenue East. According to police, Burckel is alleged to have attacked another 25-year-old female at the residence by striking her in the head and leaving a large scratch on her arm. Police said Burckel had been living at the residence until about three days prior to the incident. She was taken to the Jasper County Jail.
• Danny G. Petro, 31, of Newton was charged with fourth degree criminal mischief, possession of marijuana and possession of drug paraphernalia in connection with an incident reported at 11:52 a.m. Sunday. According to police, officers were called to Emerson Hough School where the victim showed police a broken driver-side mirror on her vehicle allegedly broken by Petro. The mirror was damaged after the victim had gone to Petro's residence to retrieve her children's bicycles. Petro is alleged to have attempted to start an altercation with the victim. After arresting Petro, he was found to be in possession of the marijuana. He was taken to the Jasper County Jail.
• Brett A. Maple, 47, of Newton was cited for disorderly conduct after police were called to a residence in the 300 block of West Ninth Street at 12:17 a.m. Saturday on a noise complaint. According to police, Maple was allegedly working on his vehicle at his residence next door to the victim, who said the noise from the work had awoken her and her children from their sleep.

Jury begins deliberations in Lynnville man's sex abuse, burglary case

Newton Independent

A Jasper County jury began deliberations late this afternoon in the trial of a Lynnville man accused of entering a Lynnville residence and performing a sex act on a sleeping teenage girl last year.

The jury is deciding the fate of Gary Lee Eilander, 43, who is charged with second degree burglary and sexual abuse in the third degree.

Eilander is accused of entering the Lynnville residence at 4:30 a.m. on June 30, 2012 where he went to an upstairs bedroom where three females were sleeping. A 17-year-old female stated that she woke up to rustling noises and then felt a hand rubbing her back. When she turned, court documents state, the hand went down the front of her pants, touching skin.

The female was able to push the hand away and flee the room. She woke her parents where they confronted Eilander in the kitchen of the home. The parents said Eilander appeared intoxicated at that time, court records state.

The trial began Wednesday in Jasper County District Court.

Newton Police Report

Newton Independent

• Shannon K. Wood, 42, of Newton was charged with driving while barred after police stopped his vehicle at 5:55 a.m. Thursday in the 500 block of East Fourth Street South for speeding and an equipment violation. He was taken to the Jasper County Jail.
• Nicole L. Clark, 35, of Newton was taken into custody at 7:33 p.m. Thursday at 1401 S. 7th Ave. W. on an outstanding Poweshiek County arrest warrant for vehicle theft. She was taken to the Jasper County Jail.
• Eugene C Wood, 39, of Newton was charged with violation of a no contact order after police located him at 7:11 p.m. Wednesday at the residence of the protected party. He was taken to the Jasper County Jail.
• Troy A. Gram, 45, of Newton was charged with public intoxication at 10:30 p.m. Wednesday after he was located in the 100 block of East Fourth Street after having previously been warned not to leave his hotel room because of his intoxication. He was taken to the Jasper County Jail.
• Caleb J. Wilson, 22, of Newton was picked up on an outstanding warrant for failure to appear on drug charges from Jasper County after he was located in a vehicle that was stopped at 2:24 a.m. Thursday in 800 block of South Eighth Avenue East.

Newton man charged for manufacturing meth in Children's Forest

Newton Independent

The suspicions of the Newton Police Department's School Resource Officer after observing a man leaving the Children's Forest south of the Newton High School early last week led to the filing of numerous felony drug charges against the individual.

Shortly after 3 p.m. Tuesday, May 7, the School Resource Officer observed a "suspicious male," later identified as Joshua D. Stubbe, 25, of Newton, leaving the Children's Forest in the 1200 block of East Fifth Street South and get into a vehicle.

Officers then stopped Stubbe's vehicle in the 1100 block of East 12th Street South where a backpack was observed in the vehicle. Inside the backpack officers found contents that are used for the manufacturing of methamphetamine. Police said Stubbe allegedly admitted that the contents in the backpack were being used for the manufacture of the controlled substance.

Stubbe was arrested at the scence and charged with:

• manufacturing or conspiracy to manufacture more than 5 grams of meth (Class B felony)
• possession of a precursor (pseudo ephedrine) with the intent to use to manufacture a controlled substance (Class D felony)
• possession of a precursor (lithium) with intent to use to manufacture a controlled substance (Class D felony)
• possession of more than one-half ounce but less than 50 kilograms of marijuana with intent to deliver (Class D felony)
• possession of methamphetamine (serious misdemeanor)
• possession of drug paraphernalia (simple misdemeanor)

Stubbe was taken to the Jasper County Jail where he eventually was released on bail.

On Thursday, Stubbe was taken into custody after he was located in a vehicle at 3:08 a.m. in the 500 block of First Street South on an outstanding warrant for failure to appear for a hearing in connection with separate drug charges. He was taken to the Jasper County Jail.

Whirlpool hit with second lawsuit over 'Clyde cancer cluster'

Newton Independent

Whirlpool Corporation was hit with a a second class action lawsuit on Tuesday in connection with a Clyde, Ohio-area cancer cluster where dozens of children have been diagnosed with cancer and several have died.

The case filed in federal court in Ohio Tuesday attempts to link the cancers to a compound found in homes near Whirlpool's laundry plant in Clyde and used by the world's largest appliance manufacturer in producing the machines.

In late March, lawyers in Ohio filed the first lawsuit over "the Clyde cancer cluster" by attempting to link the findings of an EPA report that indicated Whirlpool Park in Clyde had previously been a dumping ground for PCBs and sludge filled with toxic metals.

Newton Independent

• Jamie N. Dorn, 30, of Newton was taken into custody at 8:09 p.m. Tuesday at 430 N. 8th Ave. E. on an outstanding warrant for failure to appear for a court hearing for failing to pay child support. She was taken to the Jasper County Jail.

Lynnville man will stand trial on sex abuse, burglary charges Wednesday

Newton Independent

The trial of a Lynnville man charged with entering a Lynnville residence and performing a sex act on a sleeping 17-year-old girl will go on as previously scheduled on Wednesday.

Gary Lee Eilander, 43, is charged with second degree burglary and sexual abuse in the third degree for allegedly entering a Lynnville residence at 4:30 a.m. on June 30, 2012 where he went to an upstairs bedroom where three females were sleeping. A 17-year-old female stated that she woke up to rustling noises and then felt a hand rubbing her back. When she turned, court documents state, the hand went down the front of her pants, touching skin.

The female was able to push the hand away and flee the room. She woke her parents where they confronted Eilander in the kitchen of the home. The parents said Eilander appeared intoxicated at that time, court records state.

Last week, Jonathan Noble, Eilander's public defender, notified the court of his plan to use an intoxication defense at trial and sought to have the trial continued. That led Assistant Jasper County Attorney Scott Nicholson to file a resistance to both stating that the notice of defense was not timely filed and that the case had already been continued several times.

At a court hearing Monday, Noble withdrew his motion for a continuance and Nicholson withdrew his objection to Eilander providing evidence of intoxication during his own testimony at trial.

"As long as the Defendant does not intend to call other witnesses in support of his intoxication defense, the time deadlines for providing advance notice do not apply," District Court Judge Terry Rickers wrote in the pretrial order.

Jurors will be selected beginning at 9 a.m. Wednesday at the Jasper County Courthouse. Trial is expected to run through the end of the week.

Newton Police Report

Newton Independent

• Thomas B. Steele, 21, of Newton was taken into custody at 3:50 p.m. Monday at 904 1st Ave. W. on an outstanding warrant from Marshalltown for failure to appear on a charge of operating while intoxicated. He was taken to the Jasper County Jail.
• Jennifer T. Dearinger, 21, of Ankeny was cited for driving while license revoked after police stopped her vehicle in the 100 block of First Avenue East for speeding at 2:45 a.m. Monday. She was released to appear.

Newton woman charged with felony unemployment fraud

Newton Independent

A Newton woman faces a felony fraud charge after collecting more than $10,000 in unemployment benefits while working at two different local businesses.

Jamie Jo Ray, 32, was charged Monday with fraudulent practices in the first degree, a Class C felony, after receiving unemployment benefits between March 2011 and November 2011 in an amount exceeding $10,000 by misrepresenting her employment status and income to Iowa Workforce Development.

According to Newton Police, Ray filed a claim for unemployment benefits in January 2011 through Iowa Workforce Development which established a benefit claim for a one year period. During the time of filing, Ray certified that she was totally or partially unemployed. During the period between March and November 2011, Ray collected approximately $10,736.64 in unemployment insurance benefits.

An investigation determined that during that same time period, Ray was employed at two separate businesses - All in a Good Day and Goodradio, LLC - where she was collecting wages from each.

Police allege that Ray misrepresented her earnings to Iowa Workforce Development during the time period and fraudulently received the benefits.

She is scheduled to make her initial appearance in court on the charge on May 28.

Online court records indicate that Ray received a deferred judgment on a felony forgery charge in January 2013 and that two other counts of forgery were dismissed. Fines, restitution and court costs totaling $1,454.22 were handed down in the case. A total of $312.40 has been paid to date.

Walnut tree thief sentenced to 15 months in federal prison

Newton Independent

The Des Moines man charged last year for stealing walnut trees from the Neal Smith National Wildlife Refuge near Prairie City, as well as from a number of other federal properties, has been sentenced to 15 months in prison.

Randall T. Walker, 50, was sentenced Thursday for cutting and removing 32 black walnut trees under the control of the Army Corps of Engineeers and the Department of Interior, U.S. Fish and Wildlife.

Walker had previously plead guilty to removing the trees from the Jasper County wildlife refuge, as well as from locations at Lake Red Rock, and the Riverside and Sycamore areas in Polk County.

U.S. District Judge John Jarvey also ordered Walker to serve three years of supervised release following his incarceration. He is also ordered to pay restitution in the amount of $56,225.

Jasper County prosecutors resist Lynnville man's motion for continuance, intoxication defense on sex abuse, burglary charges

Newton Independent

A court hearing has been scheduled for this afternoon in Jasper County District Court after the attorney for the Lynnville man accused of entering a Lynnville residence last June and performing a sex act on a sleeping 17-year-old girl notified the court of his intention to use an intoxication defense.

District Court Judge Randy Hefner set the hearing after the attorney for Gary Lee Eilander, 43, who is charged with second degree burglary and sexual abuse in the third degree, notified the court of his intent to use the intoxication defense just one week before Eilander's trial is to begin Wednesday.

Jonathan Noble, Eilander's attorney, filed a motion for continuance on May 8 though the body of the motion notes his intention to rely on a defense of intoxication at trial. The motion further states that he will provide information on the names of witnesses "in support of the defense as they are determined."

Assistant Jasper County Attorney Scott Nicholson filed a resistance to the motion stating the notice of the intoxication defense is past the required notice timeframe and that the defense has provided "no good cause why such a late notice should be accepted by the State or the Court." He also notes that the state's witnesses in the case have already been subpoenaed and have rearranged their schedules in order to appear at trial.

Eilander is accused of entering a Lynnville residence at 4:30 a.m. on June 30, 2012 where he allegedly went to an upstairs bedroom where three females were sleeping. A 17-year-old female stated that she woke up to rustling noises and then felt a hand rubbing her back. When she turned, court documents state, the hand went down the front of her pants, touching skin.

The female was able to push the hand away and flee the room. She woke her parents where they confronted Eilander in the kitchen of the home. The parents said Eilander appeared intoxicated at that time, court records state.

Eilander remains in the Jasper County Jail.

Newton Police Report

Newton Independent

• Rana C. Frisch, 38, and Robby L. Jones, 42, both of Newton, were each charged with four counts of unauthorized use of a credit card after being stopped on a report of a vehicle driving recklessly at 8:55 p.m. Saturday at Ryan's Quick Shop. A consent search of the vehicle found a number of shoe boxes from the Shoe Depot that had been purchased on credits cards belonging to a Newton woman who stated her wallet went missing at approximately 6 p.m. Saturday. Further investigation determined the cards had also been used to make purchases at West End Sinclair and Ryan's Quick Shop. Total value was $483.32. Both were taken to the Jasper County Jail.
• Tyler P. Turkett, 30, of Abilene, Texas was charged with operating while intoxicated after police were called to the 2900 block of South Third Avenue East at 9:54 p.m. Wednesday on a report of a vehicle parked and running at the end of a dead end street. Upon arrival, police found Turkett sleeping in the vehicle. Police observed a bag of potpourri in the passenger seat and a bottle of potpourri between Turkett's legs. Upon awakening him, Turkett began to yell and scream and was "extremely confused." The potpourri had a warning that it was not for human consumption. He was taken to the Jasper County Jail.
• Scott T. Sweeney, 41, of Newton was charged with domestic assault after police received a 911 call at 4:13 a.m. Saturday from a residence in the 600 block of East 19th Street North. The female victim alleged to police that Scott was holding her against her will which resulted in bruising to her chin, biceps, knees and elbows. He was taken to the Jasper County Jail.
• Joshua M. Hilsenbeck, 27, of Newton was charged with fifth degree theft after police were called to Wal-Mart at 6:45 p.m. Friday on a report of a shoplifter. He was also found to have two outstandding warrants for theft. He was taken to the Jasper County Jail.
• Dawn Foreman-Renaud, 46, of Newton came to the Newton Police Department at 3:05 p.m. Friday on a warrant for a probation violation on a fifth degree theft conviction. She was taken to the Jasper County Jail.
• Mary L. Wilharm, 79, of Newton was cited for failure to maintain control after she swerved to miss a squirrel as she was traveling south in the 200 block of West 12th Street South at 8:24 a.m. Sunday and hit the rear bumper of a parked vehicle owned by Scott Versteeg of Newton. The impact caused Wilharm's vehicle to roll on its driver's side. Damage to both vehicles was estimated at $5,000.

Iowa Speedway resists change of venue in former employee's sex discrimination suit

Newton Independent

Attorneys for Iowa Speedway and its president have filed a resistance to the Newton racetrack's former director of operations motion asking the court to move her sex discrimination and retaliation civil lawsuit out of Jasper County.

In January, Gail Nungesser filed suit against Iowa Speedway President and CEO Stan Clement, Chuck Spicer, vice president of sales and marketing, and the U.S. Motorsport Corporation, owner of Iowa Speedway claiming Clement made derogatory, sex-based comments about her, instructed others not to listen to her directions and fired her from her position after she complained about her workplace environment.

Last month, attorneys for Nungesser filed a motion seeking a change of venue arguing Iowa Speedway and Clement "have such undue influence over the inhabitants of Newton and Jasper County that (she) cannot obtain a fair trial."

Attorneys for the Speedway have denied Nungesser's initial allegations and are now asking the court to reject her request to move the trial out of the county.

In support of their resistance, attorneys for the Speedway state the affidavits Nungesser filed in support of the change of venue motion are "facially deficient" and fail to satisfy the requirements to grant a change in trial locale.

"First, they fail to prove the affiants are 'disinterested persons,' the resistance states, "or even simply identify who they are, their occupations, and whether they have any current or past personal, business, financial or other type of relationship with the Plaintiff or the Iowa Speedway. Rather, the affiants simply state they are residents of Jasper County and that they 'know nothing about the case.'"

The resistance also rejects the notion that Iowa Speedway has "unduly influenced" the residents of the county to require a change of venue.

"The affidavits generally aver that because Iowa Speedway has economically improved the community, a fair trial against it is impossible," the resistance states. "Such broad-based and conclusory allegations are insufficient to support a change of venue."

Attorneys for Clement and the Iowa Speedway plan to file counter affidavits in support of the resistance prior to next week's court hearing on the change of venue motion.

Prairie City Police Report

Newton Independent

• Shawn E. Squires, 29, of Prairie City was picked up by Prairie City Police at 2 a.m. April 24 at a residence in the 400 block of East 8th Street on an outstanding arrest warrant from the Pleasant Hill Police Department for disorderly conduct. He was transported to the Polk County line and turned over to Pleasant Hill Police.
• Suzanne Williams, 22, of Prairie City was pikced up on May 7 on outstanding warrants from the Prairie City Police Department for two counts of forgery and fourth degree theft stemming from an incident reported April 21. Williams is alleged to have taken two checks from a 45-year-old Prairie City man, forged his signature and cashed the checks valued at $350. She was picked up at the Polk County Jail and transported to the Jasper County Jail.
• A 7-year-old Prairie City boy was transported to a Des Moines hospital after Prairie City Police were called to the scene of a personal injury accident at 3:36 p.m. May 7 in the 100 block of North State Street. Rebecca K. Anderson, 16, of Mingo was travelling south on North State Street when the boy ran from a behind a school bus into her lane of traffic where he was hit. Prairie City Ambulance transported the boy to Des Moines. No charges have been filed in the incident.