OTTUMWA — Court filings show a plea agreement has been reached in the case of an Ottumwa man charged with attempted murder.
David Nordyke III also faced charges of intimidation with a dangerous weapon and going armed with intent. The agreement involves pleas to lesser included offenses, the most serious of which is reckless use of a firearm resulting in serious injury. It’s a Class C felony. The agreement also lists numerous enhancements, including being a habitual offender, use of a dangerous weapon and having committed a prior forcible felony.
Nordyke’s sentencing is scheduled for July 20.
A court in Davis County amended the pretrial release conditions for Jerimiah Hervey, who faces two counts of sexual abuse. The requirements effectively place him under house arrest, allowing him to leave his home only for work unless the activities are otherwise approved.
Hervey’s hearing was conducted by telephone, and Iowa courts will not be resuming most in-person proceedings anytime soon. The Iowa Supreme Court ordered the vast majority of court sessions, including trials, to be conducted remotely when possible due to the COVID-19 pandemic.
Chief Justice Susan Christensen wrote in the court’s latest order that the goal of resuming most proceedings June 1 will not be met. In the order, she wrote the courts have discussed the situation with experts and that it was “nearly unanimous that, at this time, we cannot safely resume face-to-face court proceedings.”
“On July 13, once protocols are in place for safely opening our courtrooms to the public, we will cautiously move forward with face-to-face, nonjury trials. For the two months following that time, we will continue to work towards preparing our courtrooms for jury trials set to commence September 14,” she wrote.
When proceedings do resume, the priorities will be for emergency matters including warrants, commitments and situations where there is an immediate risk of abuse or serious harm. Criminal trials come second, with “highest priority to those criminal cases in which the defendant is in custody and has not waived the right to a speedy trial.”
Other, civil trials come lower on the list of priorities.