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

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
v.

TRIAL INFORMATION

TREVOR RAY FEAUTO,

DOB: 01 / 02 / 1997
Defendant,

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 of HOMICIDE 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
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 of HOMICIDE 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 Lindsey Lou Quirk.

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

COUNT III
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 of HOMICIDE BY VEHICLE
(RECKLESSNESS), a Class C Felony in violation of Iowa Code Section 707.6A(2)(a)
committed as follows: On or about August 23, 2014, in Sac County, Iowa, Defendant
drove a motor vehicle in a reckless manner and Defendants recklessness
unintentionally caused the death of Bailey Marie Jacobsen.
COUNT IV
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 of HOMICIDE BY VEHICLE
(RECKLESSNESS), a Class C Felony in violation of Iowa Code Section 707.5(1)(a)
committed as follows: On or about August 23, 2014, in Sac County, Iowa, Defendant
drove a motor vehicle in a reckless manner and Defendants recklessness
unintentionally caused the death of Lindsey Lou Quirk.

A TRUE INFORMATION

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

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

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, IOWA
DEPARTMENT OF PUBLIC SAFETY-DCI CRIMINALISTICS LABORATORY
KERI DAVIS OR DESIGNATED EVIDENCE TEHCNICIAN, EVIDENCE TECHNICIAN,
IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALISTICS LABORATORY
DENNIS F. KLEIN, M.D. OR DESIGNATED MEDICAL EXAMINER, MEDICAL
EXAMINER, 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

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

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
FECR012716

Case Title
State of Iowa v. Trevor Ray Feauto

On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should 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

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

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
ORDER SETTING ARRAIGNMENT
AND BOND
VS.
TREVOR RAY FEAUTO,
Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to warrant
a conviction in a trial by jury, therefore, this matter shall be set for Arraignment.
IT IS ORDERED, the Defendant shall personally appear for Arraignment at the
Sac County Courthouse, District Courtroom, Sac City, Iowa on the 15th day of
December 2014 at 9:00 a.m..
The Defendant is advised that failure to appear will result in the issuance of an
arrest warrant.
IT IS FURTHER ORDERED, the Defendants bond and conditions for release
from custody in this matter shall be:
Defendant is released on personal recognizance.
Bond is set in the amount of $________________.
Bond may be unsecured.
Bond must be cash or secured in the amount of the Bond.
10% cash may be posted.
Bond previously set shall continue.
Clerk of Court shall issue a summons for Defendant to Appear.
Clerk of Court shall issue an arrest warrant.
Other Conditions of Release:
Defendant shall obey all Federal, State, and Local laws.
The Defendant shall have no contact with the victim or any witness set
forth in the minutes of evidence in this matter.
The Defendant shall be on pre-trial supervision to the Second Judicial
District Department of Correctional Services.
Other:

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

State of Iowa Courts

Type:

OTHER ORDER

Case Number

Case Title
State of Iowa v. Trevor Ray Feauto
So Ordered

Electronically signed on 2014-12-04 12:09:59

page 2 of 2

E-FILED 2014 OCT 22 1:22 PM SAC - CLERK OF DISTRICT COURT

DISTRICT COUtf F QF IOWA
SAC COUNTY
FILED
IN THE DISTRICT COURT OF IOWA, IN AND FOR SAC 0
^TOEC
(JUVENILE DIVISION)

-I* PM 3= 06

IN THE INTEREST OF
TREVOR RAY FEAUTO,
Child.

Juvenile No. JVJV001211

FINDINGS OF FACT, CONCLUSIONS OF LAW,
AND ORDER (WAIVER OF JURISDICTION)
DELINQUENCY

This matter came before the Court on October 15, 2014, for waiver hearing pursuant to
lowa Code Section 232.45 to determine whether the jurisdiction of the Juvenile Court over the
child in interest should be waived for prosecution of the offenses alleged in the Petition as if an
adult. Present for the hearing were the following:
Trevor Ray Feauto, the child in interest;
Charles Schulte and David Richter, the child's attorneys;
Benjamin Smith, Sac County Attorney;
Greg Jobgen, Juvenile Court Services; and
Lynette Feauto, child's mother.
The proceeding was reported. Offered and admitted into evidence were the following
exhibits: 1. Waiver Report prepared by Juvenile Court Services; 2. Woodward Academy 30-day
Progress Report; 3. Woodward Academy 90-day Progress Report; 4. Woodward Academy
Substance Abuse Treatment Report, and 5. Woodward Academy Discharge Report.
Testimony was given on behalf of the State by Greg Jogben, Juvenile Court Services, and
on behalf of the child by the child's mother, Lynette Feauto; the child's grandmother, Shirley
Robertson; Theresa Tigges, a teacher at East Sac County High School, and Amanda Miller, the
child's school counselor.
Pursuant to lowa Code Section 602.7103, the Court now makes the following FINDINGS
OF FACT:
1. Notice of this hearing, a copy of the Petition, and a copy of the Motion for Waiver of
Jurisdiction were served upon all parties.
2. The name of the child in interest is Trevor Ray Feauto, who is 17 years of age, being
born on January 2, 1997, and at the time of the filing of the Petition, resided with the child's
mother, Lynette Feauto, at 30553 lowa 188, Clarksville, lowa. At the time of the offense, the
child was residing with his grandparents in Sac County, lowa. The child was in Detention at the

E-FILED 2014 OCT 22 1:22 PM SAC - CLERK OF DISTRICT COURT

time ofthe waiver hearing.

3. On September 24, 2014, the Sac County Attorney filed a Petition alleging that the
child in interest did commit delinquent acts, which were the child an adult would constitute
the offense of two counts of Homicide by Vehicle, a Class B Felony, in violation of lowa Code
Section 707.6A(1), and also filed a Motion to Waive Jurisdiction.
4. At a prior detention hearing and at the waiver hearing, there was shown probable
cause to believe the child did commit the delinquent acts alleged in the Petition. The Court
considered the testimonial evidence presented, exhibits, and police reports attached to the
Petition.
5. The delinquent acts alleged, were they committed by an adult, would have been
punishable as a Class B Felony, and the child's involvement consisted of operating a motor
vehicle while under the influence of alcohol causing the death of Bailey Jacobsen and Lindsey
Quirk.
6. The child's prior contacts with juvenile authorities include the following referrals:
The child pled guilty to Theft in the Third Degree in Black Hawk County on or about May 3,
2012. The adjudication was withheld and the case was transferred to Warren County as that
was his mother's place of residence. On June 6, 2012, Trevor was granted a consent decree,
but later was placed in detention for violating his probation by not remaining in contact with his
probation officer and not residing with his mother. The consent decree was revoked and
Trevor was adjudicated delinquent on the charge of Theft in the Third Degree. Custody was
placed with Juvenile Court Services for a residential placement and Trevor was placed at
Woodward Academy. Following his successful completion of Woodward Academy, Trevor
resided with his grandparents and his case was closed on November 4, 2013.
Past efforts to rehabilitate the minor in juvenile court have included the following
services and forms of supervision and/or placement: A consent decree, an adjudication, and
residential treatment.
The child's response to those services, supervision or placement was as follows: Trevor
was unable to successfully complete the terms of his consent decree and was placed in
residential treatment. He successfully completed his stay at the Woodward Academy.
7. The programs, facilities, and personnel available to the Juvenile Court for
rehabilitation and treatment ofthe child are:
1. Probation under a Consent Decree or Adjudication.
2. Rehabilitation Services such as individual and family counseling; skill
development; substance abuse evaluation, education and treatment; mental

E-FILED 2014 OCT 22 1:22 PM SAC - CLERK OF DISTRICT COURT

health evaluation and treatment until the age of 19 1/2.

3. Graduated Sanction Services (Tracking, Day Treatment, School Liaisons)
remain available to individuals up to 18 months past the date of dispositional
order provided the order is entered subsequent to the 17th and before the
18th birthday and:
a. The individual is adjudicated delinquent and under the jurisdiction of
Juvenile Court Services; or
b. The individual voluntarily accepts services when being released from
the State Training School, Boot Camp or group care, and services are
extended by the Chief Juvenile Court Officer or DHS Regional
Administrator.
4. Independent Living remains open to individuals under age 20 provided
placement takes place before the 18th birthday and continuation in
independent living is for the purpose of completion of a course of study
leading to a diploma or GED.
5. Foster Group Care is legally available, but technically not, because no facilities
in lowa will take delinquents past the age of 18 due to liability. Placement
would also require the approval ofthe Regional DHS Administrator.
6. State Training Schools are available beyond the 18th birthday provided the
initial placement takes place before the 18th birthday. A child placed in the
State Training School subsequent to age 17 and prior to age 18 can remain
beyond 18 provided the State Training School makes application to and
receives permission from the committing Court. The extension must be for the
purpose of completion of a course of study and cannot extend for more than
18 months beyond date of disposition.
8. The programs, facilities, and personnel available in the adult criminal court for the
child in the event the Juvenile Court waives its jurisdiction are continued pre-trial and
probationary supervision if the child is waived to District Court. In addition, a number of other
services would be available, including halfway house placement; substance abuse treatment
designed for adult substance abusers, and counseling services. Other rehabilitative tools
include imposition of fines and suspended jail or prison terms; jail or prison terms; or deferred
judgment probation.
9. The Court has considered the nature ofthe delinquent act; the circumstances ofthe
act; the child's prior contact with Juvenile Court Services; past efforts at rehabilitation; services
available in both juvenile and adult court; other factors and the best interest of the child and
the community. In this case, the child is charged with two counts of Homicide by Vehicle, each
a Class B felony. It is alleged the child was intoxicated while driving a motor vehicle that was
involved in a serious accident, killing two individuals. The child has a prior contact with juvenile
court, involving a revoked consent decree and adjudication for Theft in the Third Degree,
resulting in residential placement. While the child was not successful in maintaining his

E-FILED 2014 OCT 22 1:22 PM SAC - CLERK OF DISTRICT COURT

consent decree, he was ultimately successfully discharged from probation.

This is a family with a long history of discord due to the parents' divorce proceedings
and the lack of supervision provided to the child. The child has resided with his mother, with
his father, in residential placement and with his grandparents. While living with his mother, he
did not comply with her rules. While residing with his father, he stole his father's gun and was
ultimately adjudicated for Theft in the Third Degree. He was successful in the confines of his
residential placement with the increased supervision such a placement provides. While living
with his grandparents, he, unfortunately, in the months following closure of his prior
probationary supervision, increased his risk-taking behavior. The child was routinely drinking
underage in the months prior to this incident and ultimately drinking and driving at the time of
this incident.
There is a limited window in time available in juvenile court for rehabilitation of this
child. There exist greater opportunities for rehabilitation ofthe minor in the adult criminal
court because the child will be 18 years old in less than three months. Placement in group care
is impractical as upon turning 18, he would no longer be eligible to remain in residential
treatment. It is very difficult, if not impossible, for children in the juvenile justice system who
are approaching the age of 18 to utilize the full range of juvenile justice system services. There
are no reasonable prospects for rehabilitating the child in the short time available to the
juvenile court.
CONCLUSIONS OF LAW:
1. The Court has jurisdiction of the parties and the subject matter as provided in
Division II of lowa Code Chapter 232.
2. The burden of proof is upon the State to establish probable cause that the child did
commit the delinquent act and by clear and convincing evidence that there are not reasonable
prospects for rehabilitating the child if the Juvenile Court retains jurisdiction.
3. The child in interest is fourteen (14) years of age or older.
4. There does exist probable cause to believe that the child in interest did commit the
delinquent act alleged, to wit: two counts of Homicide by Vehicle, in violation of lowa Code
Section 707.6A(1).
5. There are no reasonable prospects for rehabilitating the child in interest in the event
that the Juvenile Court were to retain jurisdiction.
6. Waiver of the Court's jurisdiction is in the best interests of the child in interest and
the community.
7. The Juvenile Court should waive its Jurisdiction over the child in interest for
4

E-FILED 2014 OCT 22 1:22 PM SAC - CLERK OF DISTRICT COURT

prosecution of the child for the acts alleged as if an adult before the District Court.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. The State's motion to waive jurisdiction is hereby granted.

2. The Juvenile Court's jurisdiction over Trevor Ray Feauto, the child in interest, is
hereby waived for prosecution in Sac County District Court on the charges of two counts of
Homicide by Vehicle, in violation of lowa Code Section 707.6A(1), as alleged in Count 1 and
Count 2 ofthe Petition.
3. Under Rule 2.33(2) of the lowa Rules of Criminal Procedure, the State must file an
information against the child within forty-five (45) days of the entry of this Order waiving
jurisdiction, pursuant to lowa Code Section 232.45, or the Court must order the prosecution
dismissed.
Clerk to send a copy of this order to the child, child's parents, Sac County Attorney,
Child's Attorneys, and Juvenile Court Services.

E-FILED 2014 O C T 22 1:22 P M S A C - C L E R K OF DISTRICT C O U R T

State of lowa Courts

Type:

OTHER ORDER

Case Number
JVJV001211

Case Title
IN THE INTEREST OF TREVOR RAY FEAUTO
So Ordered

Adria Kester. District Associate Judge,

Second Judicial District of lowa
Electronically signed on 2014-10-22 13:22:53

page 6 of 6

STATE OF~I0WA-. SAC 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.
..

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I ^ O J C U3_Tcierk of District Court

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.Designee