A jury in Cass County, Wednesday, acquitted (found not guilty) two brothers from rural Griswold on charges that included Going Armed with Intent, following an incident whereby Mark and Steven Funk blocked a family inside their vehicle while searching for a repair shop near Lyman on March 11, 2020. According to court documents, Mark Funk was initially arrested on a charge of Going Armed with Intent, and False Imprisonment. Steven Funk had been cited into court for False Imprisonment However, after taking all the evidence into consideration, Cass County Attorney Vanessa Strazdas end-up charging Mark Funk with four counts of False Imprisonment (in addition to the Going Armed w/Intent charge). Strazdas charged Steven Funk with going armed with intent, by aiding and abetting. The cases were consolidated for the purpose of the trial, and held on April 27 and April 28 in Cass County District Court. Strazdas characterized the case as vigilante justice gone wrong, and that could have gone so much worse.

Details of the incident are as follows in a statement from Strazdas, sent to KJAN News:

On March 11, 2020, local attorney Tad Wonio, his wife Andrea, and two of their children were dropping off Tad’s truck for repairs at Sindt Repair sometime between 8 and 9pm.  Tad was the Lewis City Attorney at the time and had been at the Lewis City Council meeting.  Tad had talked to Corey Sindt and let him know he’d be dropping the truck off late.  Tad assumed it would be simple to google the address of Sindt Repair and didn’t ask Corey where to drop off the truck.  The google listing for Sindt Repair gave two addresses, but the listing on Lyman Rd was listed first so that’s where they went first.  The directions sent them to Lyman Auto.  They didn’t know that Sindt Repair is at Lyman Auto and didn’t see the shop, but since that where the directions took them, Tad left the truck in the used car lot.

The used car lot didn’t have much room for Tad’s truck so Tad and Andrea thought they might not be at the right place and decided to go in Andrea’s car to try the second address google listed.  That took them to Corey Sindt’s residence which is where Sindt Repair used to be located.  They drove by Corey Sindt’s residence and saw a machine shed in the back, which seemed more like a repair shop than the used car lot at Lyman Auto, so they went down the road a little further to find a spot to turn around so they could go back to get Tad’s truck.  They drove by Steven Funk’s residence and ended up turning around in the road as there wasn’t a better place.

Steven Funk and his brother, Mark Funk, have had issues with people breaking in and stealing their property in the past.  Upon seeing the Wonio’s car go by slowly and then come back, Steven Funk thought the vehicle may have been occupied by criminals looking to steal property or possibly anhydrous to make meth and decided he needed to check it out.  Steven didn’t call 911, nor did his wife Amy Funk, who was home at the time.  After Steven left to track down the “suspicious” vehicle, Steven’s wife Amy called Steven’s brother Mark Funk to let him know about the “suspicious” vehicle.  Mark went out in his truck, armed with his shotgun.  When Mark spotted the Wonio’s vehicle, he drove up alongside it, got in front of it and braked.  Andrea tried to go around but Mark swerved to block her from doing so and she was forced to a stop.  At that time Steven had pulled in behind the Wonio’s, effectively blocking them in.  Mark got out of his truck with his loaded shotgun.  Andrea rolled her window down and said “we have our babies in the car, please don’t do this” as she thought they were going to be killed or taken.  Tad thought he was likely going to be killed but got out anyway because he needed to do something to protect his family.  Tad was visibly upset and had a verbal confrontation with the Funks.  Andrea called 911 and Sgt. Shiels arrived within 6 minutes.

Upon arrival Sgt. Shiels determined why the Funks had stopped the Wonio’s vehicle.  He defused the situation and made contact with my office to determine what charges should be filed.  Initially Mark Funk was charged with Going Armed With Intent and False Imprisonment and arrested.  Steven Funk was cited into court for False Imprisonment.  After considering the evidence, I ultimately charged Mark Funk with Going Armed With Intent and four counts of False Imprisonment.  I charged Steven Funk with Going Armed With Intent by aiding and abetting Mark Funk and four counts of False Imprisonment.  The cases were consolidated for the purpose of trial, and the trial took place on 4/27 and 4/28.  The question for the jury came down to whether or not the Funks acted with justification under a mistake of fact that the Wonio’s were engaged in criminal activity.  There was a discrepancy as to how many times the Wonios drove by Steven Funks residence and whether or not Mark Funk had his gun raised, but otherwise the facts were pretty much in agreement.  After deliberating for approximately two hours, the jury found both Funks not guilty of all charges.  I do not agree with the verdict, but I knew going into the trial that it would be difficult due to the past criminal activity around the Funks’ properties.  It does concern me that the verdict may give rise to similar scenarios in the future.  Someone easily could have ended up shot.  Fortunately, Tad and Andrea were not armed, but if this happens again, there’s really no saying what could happen.  Lots of people are armed and rightfully so.  If Tad or Andrea had been armed, someone could have easily been killed.

The 7:06-a.m. broadcast News w/KJAN News Director Ric Hanson.

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The Montgomery County Sheriff’s Office arrested a man on an assault charge, Thursday night. Authorities say Dennis L. Vanderhoof, of Red Oak, was taken into custody at around 8:55-p.m. for Domestic Abuse Assault. His arrest was the result of an investigation that followed a medical call in the 1700 block of 206th Street earlier in the evening, Thursday. Vanderhoof was found at the residence and taken into custody without incident.

He was being held without bond in the Montgomery County Jail, pending an initial appearance before the magistrate.

(Radio Iowa) – The two Republicans from Iowa who serve in the U.S. Senate say President Biden hasn’t followed up on his campaign pledge to pursue bipartisan solutions. Senator Chuck Grassley says the Biden presidency is only 100 days old, so there’s plenty of time for Biden to be more like the bipartisan dealmaker Grassley worked with when Biden was in the U.S. Senate. “I liked Senator Biden,” Grassley says. “I don’t quite see the President Biden operating like the Senator Biden did.”

Grassley says he’d like to collaborate with Biden on criminal justice reform and on lowering prescription drug prices. “I agree with him on some of his policy,” Grassley says, “but he wants to spend too much money.” Senator Joni Ernst is also criticizing Biden’s spending plans. “President Biden is blowing up a traditionally bipartisan issue, infrastructure, and is looking to pass a partisan, over $2 trillion package,” Ernst said.

Ashley Hinson, the Republican from Marion who is Iowa’s first district congresswoman, was among the small audience in the House for President Biden’s speech Wednesday night. Hinson says the speech was filled with free stuff and a lot of fluff. “I think it’s unfortunate that he chose instead of trying to bring our party together and bring our country together, he chose to continue with more of the same,” Hinson says, “which is reckless spending, ignoring rural America and ignoring the crisis at our border.” Hinson says she opposes the big government solutions Biden is proposing.

“I keep hearing ka-ching, ka-ching, ka-ching,” Hinson says. “These plans sound really expensive and we haven’t been brought to the table to have many discussions on these issues.” While Hinson watched the speech from the House balcony, second district Congresswoman Mariannette Miller-Meeks, a Republican from Ottumwa, was on the House floor and talked briefly with Biden after the speech. Miller-Meeks says the president’s remarks were well-toned, but Miller-Meeks says she is discouraged by some of Biden’s proposals and hasn’t seen much of the bipartisanship Biden promised in his inaugural address.

Fourth district Congressman Randy Feenstra of Hull, the other Republican in Iowa’s delegation, says the Biden Administration has been highly-partisan and its policies will send the country into a debt-spiral.

Third district Congresswoman Cindy Axne of West Des Moines, the only Democrat in Iowa’s D-C delegation, says Biden has delivered vital relief funds and over 200 million vaccinations in his first 100 days in office and she says the president’s infrastructure package will bring new jobs and revitalize the economy.

(Radio Iowa) – The chairman of a key committee says a complicated proposal to expand use of ethanol and biodiesel in Iowa hasn’t been killed for the year, but Senator Dan Dawson says it’s not greased for passage either. “What the future looks like, I cannot tell,” Dawson said. “…There’s a lot more work to be done on this before we find any consensus.” Dawson was among a handful of Senators who listened to feedback on the plan for about an hour yesterday (Thursday). It began with Logan Shine, an advisor to Governor Kim Reynolds, suggesting critics were spreading misinformation about what Reynolds has called a Renewable Fuels Standard for Iowa.

“I know we’ve all heard this is a mandate,” Shine said. “At this point, we’re disagreeing on the semantics of whether it’s a mandate, a standard — it simply doesn’t matter because this is a pro-Iowa bill.” A major pipeline company, truck stops, convenience stores and other retailers who sell fuel oppose the bill. Jason McDermott is president of McDermott Oil Company in Cascade, which operates five gas stations in eastern Iowa. McDermott says bill backers are misleading legislators about the significant expense of installing equipment that can pump higher blends of ethanol and biodiesel.

“For us as retailers, we’re not going to sell any more gas,” McDermott said. “We’re moving from one product to another. There’s absolutely no return on this investment and we’re the only ones being asked to invest in this.” Tom Brooks, general manager of Western Dubuque Biodiesel in Farley, says it’s time for legislators to take a stand in favor of the renewable fuels industry.

“Frankly we’re overdue for biodiesel and ethanol blends to be the standard here rather than the alternative,” he said. “This industry is way too important to Iowa. This really should’t be a difficult question.” Ken Kleemeier, vice president of fuels for Kum & Go stores, says while retailers have major concerns, the real victims of the bill will be drivers who’ll wind up paying more for gas and diesel. “The mandates and government overreach contained in this bill are a step too far,” he said.

Michael Walz of POET, which operates seven ethanol plants in Iowa, says the most important part of the bill ensures consumers have access to E-15 by 2026. “We believe every Iowan should have the freedom to fuel up with E15,” he said. “More than a decade ago, Minnesota led the way in making E10 America’s fuel standard. We believe Iowa should lead the way to shift to E15 with passage of this bill.”

Tom Cope, a lobbyist for Casey’s General Stores, says a proposed tweak in the bill designed to address retailer’s concerns is worthless. “This new version continues to have restrictions and things in place that are really going to upend the fuel market in the state of Iowa,” Cope said. Republican House Speaker Pat Grassley says there’s been hard work to try to find a satisfactory compromise, but it’s unlikely the legislature will pass an Iowa renewable fuel standard this year.  “I can’t tell you the exact outcome of it, but it’s a difficult push,” Grassley said. The push toward adjourning the 2021 session has begun.

Today (Friday) is the last day legislators get a stipend to cover daily expenses, but it is common for the legislature to meet for days, even weeks, past that mark.

(Radio Iowa) – Governor Kim Reynolds has declined 95 million dollars in federal pandemic aid for schools. During a town hall last night (Thursday night) on Fox News, Reynolds said the 95 million was for surveillance testing of students in Iowa schools. Reynolds said President Biden must think Covid just started and the state doesn’t need money to get kids back in the classroom since most Iowa schools have had in-person classes since August.

After the program, the governor’s spokesman provided Radio Iowa with an April 23rd letter the Iowa Department of Public Health sent the Centers for Disease Control. It said Iowa has ample funding and Covid testing capacity for Iowa school districts. The letter asked for state officials to be notified if the money could be spent in a different way, particularly if the 95 million could be used for vaccine distribution.

Two men were injured during a pickup truck rollover accident Thursday afternoon, in Pottawattamie County. According to the Iowa State Patrol, a 1999 Ford Ranger pickup driven by 20-year old Austin Hatfield, of Wilbur, NE., was traveling westbound on I-80 near mile marker 27, when the vehicle went out of control and exited the road before rolling over and coming to rest upright, in a ditch. The accident happened at around 12:48-p.m.

Hatfield was flown by LifeNet to the UNMC in Omaha. His passenger, 30-year-old Kodie Smith, of Ridgeway, MO., was transported by Minden Rescue to Mercy Hospital in Council Bluffs. Both victims were wearing their seat belts.

(Radio Iowa) – As part of Mental Health Awareness Month, a Zoom conference is scheduled during May to address mental health issues in Iowa. Organizers of the 3rd annual Mental Health Awareness Conference say it’s designed to bring together local, state and national professionals to share perspectives. Tiffany Larson, a program coordinator at Building Families of Clarion, says mental health issues impact the young and old alike.

“Even prior to the pandemic, we started seeing mental health impacting individuals,” Larson says. “Throughout the years, there’s been a heavy stigma when it comes to mental health. The more we can have prevention and education and raise this awareness, the more that we can have more people understand that feelings are valid, it’s okay to not be okay, and when you aren’t, there’s help that is available.”

Lori Foster, a spokeswoman for Van Diest Medical Center in Webster City, says the keynote speaker for the conference is Lyndsey Fennelly, a former Iowa State University All-American basketball player who was drafted by the W-N-B-A. “She is currently writing a memoir detailing her experience with mental illness after two significant breakdowns,” Foster says. “She is a passionate advocate for mental health. She is a mother of two and is married to current Iowa State women’s basketball coach Billy Fennelly.”

The conference is scheduled for Thursday, May 20th, from noon until 4:30. Register at the Van Diest Medical Center website at www.vandiestmc.org.

(Radio Iowa) – Military commanders would no longer decide whether soldiers accused of sexual assault are prosecuted under a proposal Iowa Senators Chuck Grassley and Joni Ernst are supporting. Ernst, a veteran of the Iowa National Guard, says sexual assault has plagued the military for too long and it makes sense to have neutral party make the decision. “I’m a former commander, but I’m also a survivor of sexual assault,” Ernst says. “I understand the traumatic events too many of our survivors have faced.”

Under the plan that will be considered in a Senate committee, commanders will be notified of pending cases, but it will be prosecutors in the military justice system who decide if charges will be filed when a soldier accuses another soldier of sexual assault. “To help ensure survivors are treated with the dignity, the respect and the justice that they so deserve,” Ernst said. The bill also calls for more training and education that Ernst says will hopefully prevent sexual assaults from being committed in the first place.

New York Senator Kirsten Gillibrand, a Democrat, has been working for eight years to build a coalition in the senate to address the issue. During a Capitol Hill news conference today (Thursday), Gillibrand noted Senator Grassley was the first Republican to back her effort. Grassley says the time has arrived for action. “It looks like we’re going to have a success this year…If you’re right, eventually win out in the congress of the United States and this is a perfect example of your hard work paying off, maybe longer than it should have, but paying off now,” Grassley said. “Sexual assault cannot be tolerated anyplace, but particularly in the military.”

Gillibrand also credited Senator Ernst for her work on the policy and her recent effort to line up the votes to get it passed. “She knows that this system is fundamentally broken,” Gillibrand said, “so her leadership today is extremely meaningful.” Ernst previously opposed taking the decision to prosecute out of the chain of command, but Ernst says she has decided to support the change because the problem of sexual assault in the military has gotten worse.

Last year 14 officers at an Army base in Texas were fired or suspended after an independent report found a culture of violence and sexual assault at Fort Hood. Ernst said within the next week, she and Gillibrand expect to have 60 senators as co-sponsors of the proposal. Ernst and Gillibrand both serve on the Senate Armed Services Committee. They intend to insert the Military Justice Improvement plan into the committee’s annual National Defense Authorization Act.

The Mills County Sheriff’s Office, Thursday, said 44-year-old Carlos Rafael Lopez-Ruiz, of Glenwood, was arrested Wednesday on charges that include Sexual Assault and False Imprisonment. Lopez-Ruiz was being held without bond as of the time of his arrest.

And, 25-year-old Daniel Edward Fitch, of Omaha, NE, was arrested Wed. for Driving while Revoked. His bond was set at $1,000.