E-FILED 2013 AUG 28 3:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM 201 SOUTH BERLIN STREET, SCHALLER, IOWA 51053

IN REM FORFEITURE COMPLAINT

1. Owner(s) and person(s) in possession or control of the property are as follows: a. Owner(s): Gay Kane Wicks b. Person(s) in Possession or Control: None c. Person(s) with a Security Interest: None d. Seizing Agency: Sac County Sheriffs Office (SCSO) 2. Persons who may have interest in the property are listed above, and referred herein collectively as owners. 3. The property the State seeks to forfeit is as follows: a. Mossberg International .22 Caliber SN# LK13280356 and accompanying magazine(s) ($360.00) b. 100 rounds of CCI brand .22 Caliber long rifle ammunition ($10.00) 4. The estimated value of the property / two weapons is $370.00 5. The property is subject to forfeiture for the following reasons: a. The property was used or was intended to be used to facilitate conduct giving rise to forfeiture. IOWA CODE 809A.4 (2013) 6. The aforementioned items were seized from the residence at 201 SOUTH BERLIN STREET, SCHALLER, IOWA 51053 on July 19, 2013, by the Sac County Sheriffs Office, following a lawful search of said residence. 7. The conduct giving rise to this forfeiture action is the same as that alleged by the State of Iowa in the Trial Information and Minutes of Testimony for the following criminal matters filed in the Sac County District Court: State v. Gay Kane Wicks (Case No. FECR012377); specifically, the owner, Gay Kane Wicks, is a convicted felon and admitted to possessing and owning the Mossberg International .22 Caliber SN# LK13280356. 8. Failure to file an answer to this complaint within 20 days after service and in

E-FILED 2013 AUG 28 3:34 PM SAC - CLERK OF DISTRICT COURT

accordance with Iowa Code Section 809A.13, will result in an Application for Order of Forfeiture pursuant to Iowa Code Section 809A.16(3). See additional provisions of Iowa Code Section 809A.13 in the attached NOTICE. WHEREFORE, the State asks that the property be forfeited pursuant to the provisions of Chapter 809A of the Iowa Code.

/s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 AUG 28 3:34 PM SAC - CLERK OF DISTRICT COURT

NOTICE 1. Only an owner of or an interest holder in the property who has timely filed a proper claim pursuant to section 809A.11 may file an answer in an action in rem. For the purposes of this section, an owner of or interest holder in property who has filed a claim and answer shall be referred to as a claimant. 2. The answer shall be signed by the owner or interest holder under penalty of perjury and shall be in accordance with rule of civil procedure 1.405 and shall also set forth all of the following: a. The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint and the name of the claimant. b. The address where the claimant will accept mail. c. The nature and extent of the claimant's interest in the property. d. The date, the identity of the transferor, and the circumstances of the claimant's acquisition of the interest in the property. e. The specific provision of this chapter relied on in asserting that it is not subject to forfeiture. f. All essential facts supporting each assertion. g. The specific relief sought. 3. The answer shall be filed within twenty days after service on the claimant of the civil in rem complaint. 4. The rules of civil procedure shall apply to discovery by the state and any claimant who has timely answered the complaint. 5. The forfeiture hearing shall be held without a jury and within sixty days after service of the complaint unless continued for good cause. The prosecuting attorney shall have the initial burden of proving the property is subject to forfeiture by a preponderance of the evidence. If the state so proves the property is subject to forfeiture, the claimant has the burden of proving that the claimant has an interest in the property which is exempt from forfeiture under this chapter by a preponderance of the evidence. 6. The Court shall order the interest in the property returned or conveyed to the claimant if the prosecuting attorney fails to meet the state's burden or the claimant establishes by a preponderance of the evidence that the claimant has an interest that is exempt from forfeiture. The court shall order all other property forfeited to the state and conduct further proceedings pursuant to sections 809A.16 and 809A.17. FAILURE TO RESPOND OR ACT ACCORDINGLY MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU

E-FILED 2013 AUG 28 3:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM 201 SOUTH BERLIN STREET, SCHALLER, IOWA 51053

NOTICE OF SEIZURE FOR FORFEITURE UNDER IOWA LAW

Date of Seizure: July 19, 2013 Time of Seizure: 0800 Location of Seizure: 201 South Berlin Street, Schaller, Iowa 51053 To: Gay Kane Wicks At the date, time, and location set forth above, the following property was seized by Sac County Sheriffs Office Deputy Kristan Erskine because it is property that is relevant in a criminal prosecution or investigation. Iowa Code 809.1(1)(a) (2013): Mossberg International .22 Caliber SN# LK13280356, Mini Magazine for 22LR, and a 100 rounds of CCI brand .22 Caliber long rifle ammunition. This filing State of Iowa has now seized the aforementioned property for forfeiture pursuant to Iowa Code section 809A.6(5) The person from whom information about the seizure may be obtained is: Name: Deputy Kristan Erskine Seizing Agency: Sac County Sheriffs Office Address: 100 NW State Street, Sac City, Iowa 50583 Phone: (712) 662-7127

/s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 SEP 05 8:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 02 4:30 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM 201 SOUTH BERLIN STREET, SCHALLER, IOWA 51053 CASE NO: SPCV019459 APPLICATION FOR FORFEITURE ORDER (809A.16(3))

COMES NOW, the undersigned Prosecuting Attorney and states: 1. On August 28, 2013, the undersigned filed a Notice of Seizure for Forfeiture (Notice) and an In Rem Forfeiture Complaint (Complaint), both of which are attached hereto and are incorporated herein by reference as though fully set forth herein. On August 31, 2013, Gay Wicks was served with the Notice and Complaint. 2. Following proper service of the In Rem Complaint, neither a proper claim nor an answer was filed with the Court. 3. There is proper jurisdiction in Sac County, Iowa, for this application and for the court to enter an order forfeiting the property at issue herein. 4. The property noted in the Notice and Complaint is described in the attached-list below. 5. The circumstances giving rise to it being forfeitable are as shown in the Complaint WHEREFORE, the Stat respectfully requests that the Court enter the order which extinguishes all rights of the owner(s) and transfers ownership of the property to the State of Iowa. /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 OCT 02 4:30 PM SAC - CLERK OF DISTRICT COURT

LIST OF PROPERTY TO BE FORFEITED Mossberg International .22 Caliber SN# LK13280356, Mini Magazine for 22LR, and a 100 rounds of CCI brand .22 Caliber long rifle ammunition.

E-FILED 2013 OCT 03 12:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM 201 SOUTH BERLIN STREET, SCHALLER, IOWA 51053

CASE NO: SPCV019459

FORFEITURE ORDER (809A.16(3))

The Court has examined the Application for Forfeiture Order and all documents filed herein and FINDS: that proper notice has been given, the Court has jurisdiction, and that facts recited provide probable cause for forfeiture, all as required by 809A.16(3) of the Code of Iowa. The Court approves the Forfeiture Complaint and the Application for Forfeiture Order and ORDERS: The property described below and in the Application for Forfeiture Order is forfeited to the State of Iowa under the provisions of 809A.16(4) of the Code of Iowa. X A portion of the forfeited property is a weapon or ammunition. The seizing agency is ordered to maintain possession of it until it no longer is needed as evidence and then to deliver it to the Department of Public Safety as required by 809A.17(5)(b) of the Code of Iowa. A portion of the forfeited property is obscene material. The seizing agency is ordered to maintain possession of it until it no longer is needed as evidence and then to destroy it as required by 809A.17(5)(c) of the Code of Iowa. A portion of the seized property was seized for violation of rules of the Department of Natural Resources. The seizing agency is ordered to maintain possession of it until it no longer is needed as evidence and then to deliver it to the department for disposal in accordance with its rules as required by 809A.17(5)(b) of the Code of Iowa. Property not included in one of the above paragraphs is subject to disposal by the Department of Justice. The seizing agency shall notify the Department of Justice of the forfeiture at the address which follows and comply with the Rules and directions of that department. Prosecuting Attorneys Training Coordinator First Floor, Hoover State Office Bldg. Des Moines, IA 50319 (515) 281 5428

E-FILED 2013 OCT 03 12:38 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SPCV019459 OTHER ORDER Case Title SEIZED PROPERTY RE: GAY WICKS So Ordered

Electronically signed on 2013-10-03 12:38:33

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