Charles City man pleads guilty to breaking into Dairy Queen

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City man who was charged with breaking into the Charles City Dairy Queen twice in August has pleaded guilty to one of the charges in return for the other charge being dropped and paying restitution.

Rene Hernandez, age 33, of Charles City, was charged with two counts of third-degree burglary, both Class D felonies, for allegedly breaking into the Dairy Queen by tearing a roof vent off, on Aug. 23 and again on Aug. 24, according to documents filed in Floyd County District Court.

He was accused of taking about $3,000 cash and check books on the first break-in, and rolls of coins worth about $63 on the second night. He was identified on security cameras by tattoos and the clothing he was wearing, according to court documents.

Earlier this month, Hernandez filed a written plea of guilty to the first count of burglary in the third degree.

In return, the Floyd County Attorney’s Office agreed to drop the second burglary charge and to recommend that Hernandez be sentenced to up to five years in prison, fully suspended; $1,025 fine plus 15% surcharge, fully suspended; three to five years probations; restitution to the Dairy Queen for money stolen and damage to property; substance abuse evaluation and follow-through on recommendations, with random drug testing.

District Court Judge Peter Newell accepted the guilty plea and set sentencing for Nov. 9 in Floyd County District Court. A judge is not required to follow the sentencing recommendation.

Newell also ordered Hernandez released from custody prior to sentencing, under the supervision of the Iowa Department of Correctional Services.