fecr012716 - former sac county teen accused of 2 counts of homicide by vehicle (intoxication) and 2...

7/26/2019 FECR012716 - Former Sac County Teen Accused of 2 Counts of Homicide by Vehicle (Intoxication) and 2 Counts of Homicide by Vehicle (Recklessness)

1/13


2/13

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

TREVOR RAY FEAUTO,

DOB: 01 / 02 / 1997

Defendant,

TRIAL INFORMATION

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,

Iowa, and in the name and by the authority of the State of Iowa, accuses Defendant,

Trevor Ray Feauto (hereinafter Defendant) of the crime ofHOMICIDE BY VEHICLE

(INTOXICATION), a Class B Felony in violation of Iowa Code Section 707.6A(1)(a)

committed as follows: On or about August 23, 2014, in Sac County, Iowa, Defendant

operated a motor vehicle while having an alcohol concentration of .10 or more and, as a

result, Defendants act or acts unintentionally caused the death of Bailey Marie

Jacobsen.

COUNT II




INTOXICATION), a Class B Felony in violation of Iowa Code Section 707.6A(1)(a)


operated a motor vehicle while having an alcohol concentration of .10 or more and, as a

result, Defendants act or acts unintentionally caused the death of Lindsey Lou Quirk.

E-FILED 2014 DEC 04 12:09 PM SAC - CLERK OF DISTRICT COURT


3/13

COUNT III




(RECKLESSNESS), a Class C Felony in violation of Iowa Code Section 707.6A(2)(a)


drove a motor vehicle in a reckless manner and Defendants recklessness

unintentionally caused the death of Bailey Marie Jacobsen.

COUNT IV




(RECKLESSNESS), a Class C Felony in violation of Iowa Code Section 707.5(1)(a)


drove a motor vehicle in a reckless manner and Defendants recklessness

unintentionally caused the death of Lindsey Lou Quirk.

A TRUE INFORMATION

__________________________

Benjamin John SmithSac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]



4/13

WITNESS LIST

KEN MCCLURE, SHERIFF, SAC COUNTY SHERIFF'S OFFICE

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S OFFICE

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S OFFICE

JAMES WISSLER, TROOPER, IOWA STATE HIGHWAY PATROL, POST 4

DANIEL SCHAEFER, TROOPER, IOWA STATE HIGHWAY PATROL, POST 9

JUSTIN GRODNITZKY OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWADEPARTMENT OF PUBLIC SAFETY-DCI CRIMINALISTICS LABORATORY

KERI DAVISOR DESIGNATED EVIDENCE TEHCNICIAN, EVIDENCE TECHNICIAN,IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALISTICS LABORATORY

DENNIS F. KLEIN, M.D. OR DESIGNATED MEDICAL EXAMINER, MEDICALEXAMINER, IOWA OFFICE OF THE STATE MEDICAL EXAMINER,

G.A.G.,A JUVENILE

L.A.C., A JUVENILE

S.J.H., A JUVENILE

REBECCA JOSLIN, RN, STEWART MEMORIAL HOSPITAL

KEN MEYERS, DEPUTY, CARROLL COUNTY SHERIFFS OFFICE

SUSAN CROOKHAM, SCIENTIST, NMS LABS



5/13

State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

State of Iowa v. Trevor Ray Feauto

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-12-04 12:09:58 page 4 of 4


FECR012716


6/13


7/13


8/13

E-FILED 2014 OC T 22 1:22 PM S A C -C L E R KO F DISTR ICT

COURT

DISTRICT

COUtfF QF IOWA

SACCOUNTY

FILED

IN THEDISTRICTCOURT OFIOWA, IN AND FOR SAC 0

JUVENILE

DIVISION)

^ T O E C -I* PM 3= 06

IN THEINTERESTOF

Juvenile

N o.JVJV001211

TREVOR RAY FEAUTO

Child.

FINDINGSOF FACT CONCLUSIONSOF LAW

AND ORDER

WAIVER

OF JURISDICTION)

DELINQUENCY

This

matter

came before the Cou rt on Octob er 15, 2014 , for waive r hearing pursuan t to

lowa Code S ect ion 232.45 to determ ine w heth er the jur isdict ion of the Juveni le Cou rt over the

chi ld in interest shou ld be waive d for p rose cut ion of the of fenses al leged in the Pet i t ion as if an

adult . Prese nt for the hearing we re the fol lo win g:

Trevor Ray Fe auto, the ch i ld in interest ;

Charles Schulte and David Richter, the chi ld 's at torneys;

Benjamin S mi th , Sac County A t torney;

Greg Jobgen,Juveni le Cour tServices; and

Lynette Fea uto, chi ld 's m othe r.

The proceeding was repor ted. Of fered andadmitted

into

ev idence were the fo l lowing

exhibi ts: 1. W aiver R eport prepare d by Juveni le CourtServices; 2 . Wo odw ard A cademy 30-day

ProgressR epor t; 3 . Wo odw ard A cademy 90-day Progress R epor t; 4 . Wo odwa rd Academ y

Substance

Abuse Treatmen t R epor t , and 5. W ood wa rd A cadem y Discharge R epor t .

Test imony was given on behalf of the State by Greg Jogben,Juveni le CourtS ervices,and

on behalf of the chi ld by the ch i ld 's mo ther, Lynette F eau to; the ch i ld 's gran dm othe r, S hir ley

Rober tson ;Theresa Tigges, a teache r at East Sac C oun ty HighS choo l, and Amanda Mi l ler , the

chi ld's school counselor.

Pursuantto lowaCodeSection602.7103,the

Court

now makesthe followingFINDINGS

OF FACT:

1. N ot ice of

this

hearing, a copy of the Pet i t ion, and a copy of the Mot ion for Waiver of

Jurisdict ion were served upon al l part ies.

2. The name of the chi ld in interest is Trevor Ray Fe auto, wh o is 17 years of age, being

born on January 2, 1997, and at the time of the filing of the Pet i t ion, residedwith the chi ld 's

mo ther, Lynette F eauto, at 30553 lowa 1 88, Clarksvi l le, low a. A t the

time

of the of fense, the

chi ld was residing

with

his grand paren ts in Sac Co unty, lowa . The chi ld was in De tent ion at the


9/13

E-FILED 2014 OC T 22 1:22 P MS A C -C L E R KO F DISTR ICTCOURT

time ofthe

waiver hearing.

3. On Septem ber 24, 2014, the S ac County At torne y f i led a Pet i t ion a l leg ing

that

the

chi ld in interest did com mit de l inque nt acts, wh ich were the chi ld an adult wo uld cons t i tute

the of fense of two counts of Homicide by

Vehic le ,

a

Class

B Felony, in v iolat ion of low a

Code

Sect ion

707.6A(1), and also f i led a Mot ion to Waive Jurisdict ion.

4. A t a pr ior detent ion hear ing and at the waiver hear ing, there was shown probable

cause to bel ieve the chi ld did commit the del inquent acts al leged in the Pet i t ion. The Court

considered

the test imonial evidence presented, exhibi ts, and pol ice reports at tached to the

Pet i t ion.

5.

The del inquent ac ts a l leged, were they com mit ted by an adul t , wou ld have been

punisha ble as aClass B Felony, and the chi ld 's involve me nt cons isted of opera t ing a m otor

vehic le whi le un der the inf luence of alcohol causing the d eath of Bai leyJacobsenand Lindsey

Qui rk .

6. The chi ld 's pr ior contacts

with

juven i le authori t ies include the fol lowing referrals:

The chi ld pled

guilty

to The ft in the Th ird D egree in Black Hawk Cou nty on or about Ma y 3,

2012.

The adjudicat ion w as wi thheld and the

case

was transferred to W arren C ounty asthat

was his mo ther 's place of res idence . On June 6, 201 2, Trevor wa s granted a consen t dec ree,

but later was placed in detent ion for v iolat ing his probat ion by not remaining in contact with his

probat ion of f icer and not residing

with

his mo ther. The conse nt decree was revoked and

Trevor was adjudica ted de l inque nt on the cha rge of Theft in the Third De gree. Custody was

placed

withJuveni le CourtServices for a resident ial placement and Trevor was placed at

Wo odwa rd A cademy . Fo l low ing h is success fu l comple t i on o f Wood ward A cademy , Trevor

resided

with

his grandparents and his

case

was c losed on N ovem ber 4, 2013.

Pastefforts

to rehab i l i tate the m inor in juven i le court have included the fol low ing

services and forms of superv is ion and/or p laceme nt : A consent decree, an adjudicat ion, and

resident ial

treatment.

The chi ld 's respo nse to those se rvices, sup ervision or placem ent was as fol low s: Trevor

was unable to successful ly com plete the terms of his cons ent decree and was placed in

resident ialtreatment. He successfu lly com pleted h is stay at the W ood wa rd A cadem y.

7. The program s, faci l i t ies, and pers onn el avai lable to the Juveni le Cou rt for

rehabi l i tat ion and

treatment ofthe

chi ld are:

1. Probat ion u nder a Consent Decree or A djudicat ion.

2.R ehabi l i ta t ion Servicessuch as indiv idua l a nd family cou nse l ing; ski l l

deve lopm ent ; substance abuse evaluat ion, educat ion and

treatment;

menta l


10/13

E-FILED

2014

O CT

22 1:22 PMSA C -

C L E R K

OF DISTRICTCOURT

health evaluat ion and

treatment

until

the age of 19 1/2.

3.

Gradua ted S anct ion

S ervices

(Tracking, Day Trea tme nt, S choo l Lia isons)

remain ava i lable to individuals up to 18 months past the date of d isp osit ional

order p rovided the orde r is entere d subsequ ent to the 17th and before th e

18th birthday and:

a.

The individual is adjudica ted del inquent and under the jurisdict ion of

Juveni le Court

S ervices;

or

b. The individual voluntari ly accepts services wh en being released

from

the S tate Training

School ,

Boot C amp or group care, and services are

extend ed by the Chief Juveni le Court Off icer or

DHS

Regional

Admin is t ra tor .

4.

Indepen dent Living remains open to individuals unde r age 20 provide d

placement takes place before the 18th birthday and cont inuat ion in

indep end ent l iv ing is for the purpose of com plet io n of a course of study

leading to a d ip loma or GED.

5.

F oster Group

Care

is legally available, but technically not, because no facilit ies

in lowa

will

take del inq uents past the age of 18 due to l iabi l i ty. Place me nt

would also require the approval

ofthe

Reg iona l

DHS

Admin is t ra tor .

6. State Training

Schools

are avai lable beyond the 18th birthday provided the

initial

placem ent takes place before the 18th birthday. A chi ld placed in the

StateTraining S chool subse quent to age 17 and prior to age 18 can remain

beyon d 18 provided the S tate Training Sch ool makes appl icat ion to a nd

receivespermiss ion

from

the committ ing Court . The extension must be for the

purpose

of complet ion of a course of study and cannot extend for more than

18 months beyond date of d isposit ion.

8. The program s, faci l i t ies, and perso nnel avai lable in the ad ult crim inal court for the

chi ld in the ev ent the Juveni le Court waives i ts jurisdict ion are cont inu ed p re-tr ia l and

proba t ionary supervis ion if the ch i ld is waive d to Distr ict Court . In addit ion , a num ber of o ther

services

would be avai lable, including halfway house placement; substance abuse

treatment

designed for adu lt substance abusers, and couns el ingservices. Other rehabi l i tat ive tools

include imposit ion of f ines and suspended

jail

or pr ison terms;

jail

or prison terms; or deferred

judgment probat ion.

9.

The Court has consid ered the na ture

ofthe

del inquent act; the circumstances

ofth e

act; the ch i ld 's prior co ntact

with

Juveni le CourtS ervices; past

efforts

at reha bi l i tat ion; services

avai lable

in

both

juveni le and adult court ; other factors and the best interest of the chi ld and

the com mu nity. In this

case,

the chi ld is charged

with

two counts of Homicide by

Vehic le ,

each

a Class

B

fe lony. It is al leged the ch i ld was intoxicated w hi le driving a motor vehicle

that

was

involved in a serious accident, kil l ing two individuals. The chi ld has a prior contac t

with

juveni le

court , involving a revoked consent decree and adjudicat ion fo r Theft in the Th ird Degree,

result ing in resident ia l p lacement. While the chi ld was not

successful

in maintaining his


11/13

E-FILED 2014 OC T 22 1:22 PMSA C -C L E R KO F DISTR ICTCOURT

consent dec ree, he was u l t imate ly successfu lly d ischarged from probat ion.

This is a familywith a long history of discord due to the parents' divorce proceedings

and the lack of supervision prov ided to the chi ld. The chi ld has resided

with

his mother,

with

his father, in resident ial placeme nt and with his grand pare nts. W hi le l iv ingwith his mother, he

did not comply

with

her rules. Whi le residing

with

his father, he stole his father 's gun and was

ult imately adjudicated for Theft in the Third D egree. He was successful in the c onf ines of his

res ident ia l p lacementwith the increased supervision such a placement provides. Whi le l iv ing

with

his gran dpa rents, he, unfortu nately, in the m onths fol lo win g c losu re of his pr ior

prob at iona ry su perv ision, increased his r isk-taking beh avior. The chi ld was rout inely dr inking

underage in the months pr ior to this incident and ul t imately dr inking and driv ing at the t ime of

this incident .

There is a l imited w ind ow in t ime avai lable in juveni le court for re hab i l i tat ion of this

chi ld. There exist greater oppo rtuni t ies for rehab i l i tat ion o f th e mino r in the adult cr iminal

court because the chi ld wi l l be 18 years old in

less

than three months. Placement in group care

is

impract ical as upon turning 18, he would no longer be el igible to remain in resident ial

t reatm ent. It is very

difficult

i f not im pos sible, for chi ldre n in the juveni le just ice system w ho

are approa ching the age of 18 to ut i l ize the

full

range of juveni le just ice system services. There

are no reasonable prospects for rehabi l i tat ing the chi ld in the short t ime avai lable to the

juveni le court .

CONCLUSIONS OF LAW:

1. The Court has jur isdict ion of the part ies and the subject m atter as provide d in

Division II of lowa CodeCh apter 232.

2. The burden of proof is upon the State to establ ish probable cause that the child did

commit the del inquent act and by c lear and convincing evidence

that

there are not reasonable

prospects for rehabi l i tat ing the chi ld i f the Juveni le Court retains jur isdict ion.

3. The chi ld in interest is fourte en (14) years of age or o lder.

4. There does exist proba ble cause to be l ievethat the chi ld in interest did commit the

del inqu ent act al leged , to wit : two counts of Hom icide byVehic le , in v iolat ion of lowa

Code

Sect ion 707.6A(1).

5.

There are no reasonab le prosp ects for reh abi l i tat ing the chi ld in interest in the event

that the Juveni le Court were to retain jur isdict ion.

6. W aiver of the C ourt 's jur isdict ion is in the best interests of the chi ld in interest and

the communi ty .

7. The Juveni le Court sho uld waive i ts Jurisdict ion ove r the ch i ld in interest fo r

4


12/13


13/13

E - F I L E D

2 0 1 4 O C T 2 2 1 :2 2 P M S A C -C L E R K O F D I S T R I C T C O U R T

Stateof

lowa

Courts

Type:

OTHER ORDER

CaseNumber

JVJV001211

CaseTitle

IN

TH E

INTEREST O F TREVOR R A Y FE AUT O

So Ordered

Adria Kester.

District

Associate Judge,

Second JudicialDistrictof lowa

Electronically signed on 2014-10-22 13:22:53 page 6 of 6

STATE OF~I0WA-.

S A C

COUNTY,ss-...

I, Clerk of the 'District Court of &ac County, '

lowa,

it being a Court

ohRecbrd,

do hereby

certify

that

I have carefully compared the

foregoing copy of

a

record

in

my

office,

and

that

the same is a true and correct copy of the

original

record,

and the whole thereof. . .

I 1.%- -20JH

I

^ O J

U 3_T cierk of District Court

Bv J V T X J D / ? .Designee

fecr012716 - former sac county teen accused of 2 counts of homicide by vehicle (intoxication) and 2...

Documents