Rockford man’s Supreme Court case review to be in Cedar Falls

By Bob Steenson, bsteenson@charlescitypress.com 

A Rockford man whose conviction on assault charges was overturned by the Iowa Court of Appeals will have his case heard before the Iowa Supreme Court in a special session to be held in Cedar Falls in November.

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

He was sentenced to not more than nine years in prison and ordered to pay fines and restitution.

Weitzel appealed his conviction and his sentence, arguing that he had not been adequately informed about an additional 35 percent criminal penalty surcharge added by the court to his fines, and therefore did not fully know the consequences of his guilty plea.

On May 3 this year, the Iowa Court of Appeals in a 7-2 decision overturned the conviction and sentence and sent the case back to district court for further proceedings.

The appeals court decision said, “Due process requires the defendant to have an understanding of the constitutional protections that he gives up by pleading guilty, … the nature of the crime with which he is charged, and the potential penalties.”

The state Attorney General’s Office then filed a motion for the Iowa Supreme Court to review the appeals court’s decision, and the high court accepted the case for review.

From time to time the state Supreme Court holds proceedings outside of Des Moines to make the court more accessible to the public. For example, the court held oral arguments in Charles City in April on a different case.

In the Weitzel case, the Supreme Court will hear oral arguments at 7 p.m. Thursday, Nov. 2, at the Cedar Falls High School auditorium. Arguments will be presented by Weitzel’s attorney, David Kuehner of Charles City, and by an attorney from the state Attorney General’s Office, which represents the prosecution in an appeals case.

A public reception with the Supreme Court justices will follow the oral arguments at the high school.

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, according to court documents.

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

A six-hour search involved tracking a cellphone, Floyd County deputies, six Iowa Patrol troopers and a state Patrol airplane, and 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 meth.

When Weitzel 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.