The Ottumwa Courier

December 9, 2013

Probation for Exline man

By Michael Schaffer Managing Editor
The Daily Iowegian

CENTERVILLE — An Exline man facing five criminal charges had two dismissed but the judge in the case sentenced him to either prison or jail, suspended to probation for the three charges that were adjudicated.

Byron Dean Foster, 33, was charged by Appanoose County Attorney Richard Scott by trial information filed on July 23, 2013 with eluding while participating in a felony, a class D felony, two counts of assault on law enforcement, aggravated misdemeanors, interference with official acts, aggravated misdemeanor and OWI, first, serious misdemeanor. All five charges came about as a result of events that transpired June 8, 2013.

The criminal complaint and affidavit narrative filed June 10, 2013 by the Appanoose County Sheriff's office states Foster on June 8 at approximately 11 p.m. at 22nd Street and East Maple Street in Centerville was clocked by radar doing 88 miles per hour in a 45 mile per hour zone as he traveled west toward Centerville. Foster would eventually land in a ditch near 217th Avenue and Highway J46 with law enforcement in pursuit.

Law enforcement used a taser twice in order to get Foster to exit his vehicle. Foster still resisted but was arrested and transported to the Appanoose County Jail.

Judge Rose Anne Mefford Nov. 22 sentenced Foster to five years in state prison, all suspended, to five years probation, 365 days in a residential facility, fine and credit for any time served for the charge of eluding, D felony.

Mefford Nov. 22 sentenced Foster to two years in state prison, all suspended, to two years probation to the Eighth Judicial District Department of Correctional Services, fine and credit for any time served for the charge of interference with official acts, bodily injury. The judge issued special probation conditions to include Foster cannot have his probation terminated until he settles costs associated with the case and completes a drug treatment program.

Mefford Nov. 22 sentenced Foster to 365 days in jail, suspended 363 of those days, to one year probation no supervision, fine and credit for any time served for the charge of OWI, first offense. Foster was ordered to install an ignition interlock device on his vehicle.

The court ordered the sentences imposed for the interference with official acts and OWI to run concurrently for a total of two years. The court ordered the sentence imposed for the eluding charge to run consecutively with the other two convictions for a total of seven years.

The court Nov. 22 dismissed two counts of assault causing injury peace officers/others, aggravated misdemeanors. One count involved Centerville Police officer Jeremy Cole and the other Appanoose County Sheriff deputy Wade Duley.

Foster owes $3,741.75 for the adjudication of this case.