Colwell man facing dozens of forgery, other charges pleads guilty

By Bob Steenson, bsteenson@charlescitypress.com

A Colwell man who was charged with 34 felony counts of forgery, three counts of burglarizing unoccupied vehicles and two counts of ongoing criminal activity, has pleaded guilty in return for many of the individual charges being dismissed.

As part of the agreement, the Floyd County Attorney’s Office will recommend that the judge sentence Corey Patrick Byers, age 39, to mostly suspended prison sentences and probation, although he will be required to make restitution totaling thousands of dollars.

Byers’ address had been listed as Charles City in early court documents, but was listed as Colwell in more recent filings.

Trial had been set for Dec. 10 in Floyd County District Court, but over the past month Byers has entered written guilty pleas on charges spread over three separate cases.

The latest court action took place this week when sentencing was set for March 30. Byers was released to the supervision of the Iowa Department of Correctional Services pending sentencing.

Byers was arrested by Charles City police and charged with three burglaries for entering unoccupied vehicles in various public locations in Charles City in October 2019, to steal checkbooks which he then used to write dozens of checks at several Charles City businesses, according to court records.

Each instance of forgery was charged as a Class D felony. The three charges of third-degree burglary were each aggravated misdemeanors.

Ongoing criminal conduct is a Class B felony, punishable upon conviction by up to 25 years in prison on each charge.

In the first case, which was for three felony counts of forgery, Byers pleaded guilty to one of the counts in return for the other two being dismissed.

The County Attorney’s Office will recommend a sentence of five years in prison, fully suspended; 3-5 years probation; $750 fine, suspended; other court costs, fees and surcharges; and full restitution, including on the dismissed charges.

On the second case, which was for 10 counts of felony forgery and one count of ongoing criminal conduct, Byers pleaded guilty to ongoing criminal conduct, and the 10 forgery counts will be dismissed.

The County Attorney’s Office will recommend that Byers be sentenced to 25 years in prison, fully suspended; five years of probation; other court costs, fees and surcharges; and full restitution on all the charges.

On the third case, 21 counts of forgery, three counts of burglary and one count of ongoing criminal activity, Byers pleaded guilty to three of the forgery counts with the rest dismissed, pleaded guilty to one of the burglary counts with the other two dismissed, and the count of ongoing criminal conduct was dismissed.

The County Attorney’s Office will recommend that Byers be sentenced to five years in prison, fully suspended; five years probation; $750 fine, fully suspended; other court costs, fees and surcharges; and restitution for each of the three forgery guilty pleas.

In this case, the sentences are to be served consecutively, meaning a total of 15 years in prison, suspended, and 15 years probation.

On the burglary charge, the County Attorney’s Office will recommend a sentence of one year in jail with all but 90 days suspended; two years probation; other court costs, fees and surcharges; that he be admitted to BeJe Clark residential care center in Mason City as a condition of probation, and this sentence also be served consecutively to the sentences for the three forgery pleas in this case.

The judge is not required to follow the sentencing recommendations in a plea agreement, and as part of the agreements Byers acknowledges that the judge may issue sentences up to the maximum penalty allowed for each crime.

Businesses where Byers is accused of writing bad checks are Casey’s, Kwik Star, Hy-Vee, Fareway, Pizza Hut and Triumph Surplus, all in Charles City.