Iowa Supreme Court will review Rockford man’s overturned assault conviction

By Bob Steenson, bsteenson@charlescitypress.com

A Rockford man whose conviction was overturned by the state Court of Appeals will now have his case heard by the Iowa Supreme Court.

Jason Gene Weitzel, 40, of Rockford, pleaded guilty on May 17, 2016, in Floyd County District Court to charges of domestic abuse assault, a felony; second offense possession of methamphetamine and carrying weapons, both aggravated misdemeanors; and first offense operating while intoxicated, a serious misdemeanor.

His conviction and sentence were overturned on May 3 by a 7-2 vote of the Iowa Court of Appeals, which ruled that Weitzel had not been completely informed of the consequences of his guilty plea because the prosecution had not made it clear that there would be an additional 35 percent criminal penalty surcharge added to his fines and other fees.

The case was sent back to Floyd County District Court for a new trial, which had been scheduled to begin on Thursday.

The Iowa Attorney General’s Office, however, applied to the state Supreme Court for further review. The state high court granted review last week.

The application for review, filed by Assistant Attorney General Jean Pettinger, argued that the Court of Appeals decision had created a new standard for the maximum punishment warning, changing it from a requirement for “substantial compliance” to “a bright-line rule requiring automatic reversal for any misstatement or omission.”

That burden is too high, Pettinger argued.

“If a plea-taking court forgets to tell a defendant about the $10 DARE surcharge, … that is grounds for vacating a drunk-driving conviction,” under the appeals court ruling, Pettinger said.

“If a plea-taking court misstates the amount of any maximum or minimum fine, even slightly, that is grounds for vacating the conviction. Such eventualities mark a radical departure from the substantial-compliance standard,” she wrote.

Weitzel was arrested March 6, 2016, after a series of events that started with Weitzel allegedly punching his wife in the head and shoulders, waving and shooting a handgun outdoors, then later bashing his wife’s head into a wall and a pipe and choking her.

Floyd County sheriff’s deputies responded to a domestic violence call, but Weitzel had already left the home.

A six-hour search that involved tracking a cellphone, Floyd County deputies, six Iowa Patrol troopers and a state Patrol airplane eventually located Weitzel between Nora Springs and Rockford. During a 2-to-3-mile chase, deputies allegedly observed Weitzel throw something from his vehicle, which was recovered and identified as two glass pipes and a small baggy filled with what was later identified as methamphetamine.

When he was stopped he was found in possession of a loaded 9mm handgun and was field-tested and found to be operating under the influence, according to the criminal complaint.

After pleading guilty, Weitzel was sentenced by Floyd County District Court Judge Peter B. Newell to up to nine years in prison with sentences on the felony and aggravated misdemeanor charges running consecutively. He was also ordered to pay fines and restitution.

Weitzel’s appeal attorney argued that Weitzel was not informed during his plea hearing that the state would charge an additional 35 percent surcharge on the fines applicable to each offense, and so Weitzel did not have all the knowledge he needed to make an informed plea.