The Cass County Emergency Management Agency reports periodic moderate to heavy rainfall is expected across the area today and persisting into early Wednesday. Conditions will become more and more prone to flooding with time as excessive amounts of rain continue to accumulate. The flood stage where action may be needed is 15-feet, with minor flooding occurring at 19-feet. As of 10-a.m. today (Monday), the East Nish was slightly under 5-feet. The river is expected to crest from 10-a.m. Tuesday to 10-a.m. Wednesday at around 17.4-feet before falling to below the action stage. The record crest for the river was 22.81-feet, in Sept., 1972. The river also crested above 22-feet in July, 1958 and June, 1998.

A southwest Iowa man convicted in the 2009 shooting death of his girlfriend, had his challenge for the conviction denied in court, Friday. According to reports, Judge James Heckerman refused to grant Post Conviction Relief (PCR) to 38-year old Brian Heath Davis, of Shenandoah who, along with his attorney claimed key elements of the investigation and prosecution were flawed.

In April 2015, Davis received a life sentence upon his conviction without the possibility of parole on a charge of 1^st degree Murder in the death of 29-year old Holly Rae Durbin. His conviction was appealed but upheld by the Iowa Court of Appeals in 2017.

Photo of Holly Rae Durben from Iowa Cold Case files website

On July 18^th, 2009, Davis had reported to authorities Durben shot herself in the head at the farmhouse they shared off Highway 59. Durben was found on her bed with a gunshot wound to the left side of her head, near her cheek. Her left hand was on the pistol grip of a 12-gauge shotgun, and her left thumb rested on the trigger. Durben was right-handed. Authorities said the only identifiable fingerprints on the gun belonged to Davis.

(Radio Iowa) — Dentists and other volunteers provided free dental care to around one-thousand people in the two-day annual Mission of Mercy clinic Friday and Saturday in Sioux City. More than 100 student dentists and dental hygienists from University of Iowa, Creighton, University of Nebraska, Morningside College, Iowa Western Community College, Kirkwood, and Western Iowa Tech were among those helping out. Western Iowa Tech Community College, dental assistant instructor Jonie Miller brought many of her students with her to help in the effort.  She says they bring students every year, not matter where the Mission of Mercy is held. Miller says her students do everything from fillings to oral surgery.

It’s the 10th year Miller has taken part and says it was more special with the event returning to Sioux City. “Since we’re in Sioux City, I get to see a lot of my past grads,” Miller explains. “So, it really makes me smile to know that they were impressed with it and come back to volunteer again and again.” Cori Van Sickler drove from Ft. Dodge to help in the effort. She says she came with her daughter, a pharmacist in Des Moines.

She helped out in the pharmacy with paperwork and guiding patients to where they needed to be. This was the 11th Iowa Mission of Mercy free dental clinic. The clinic is held in a new location each year.

(DES MOINES) – The Iowa Department of Corrections is reporting another Work Release escape. 40-year old Felix Gomez, convicted of Domestic Abuse Assault, 3rd or Subsequent Offense and other crimes in Polk County, failed to report back to the Fort Des Moines Residential Facility as required Sunday night.  Gomez is a white (Hispanic) male, 5-feet eight-inches tall, weighing 263 pounds. He was admitted to the work release facility on July 24, 2018.  Persons with information on Gomez’s whereabouts should contact local police. (See his picture under this same story on the kjan.com News page)

Felix Gomez

On Sunday, the Iowa DOC reported 22-year old Devin Kesean Dock also failed to return to the Ft. Des Moines Residential Facility.

The Sac County Sheriff’s Office is warning motorists to be cautious when approach the 4-lane Highway 20, especially on that stretch of road that just opened between Early and Holstein. Authorities say two crashes have occurred at M-43 and Highway 20 since it opened last Thursday morning. No serious injuries or fatalities have been reported. The problem, according to Sheriff’s officials, is that drivers are used to two-way traffic on the westbound lane, and crossing the eastbound lanes to get over to the other lanes.

Although the intersections are marked with rumble strips, stop ahead and stop signs, drivers using M-43 have pulled into the paths of eastbound semi-tractor trailers. Authorities have also received reports of eastbound traffic in the westbound lane between M-43 north and M-43 south, in Sac County. The Sheriff’s Office says it’s working with the Sac County Secondary Roads Department, in an effort to better warn traffic about the intersections.

CEDAR RAPIDS, Iowa (AP) — A northern Iowa businessman accused of an ethanol plant scam has been imprisoned. Court records say Darrell Smith, of Forest City, was sentenced Friday in U.S. District Court in Cedar Rapids to 14 years and seven months in prison. He’d pleaded guilty to wire fraud and identity theft. Smith also was ordered to pay restitution of nearly $1.06 million.

Federal officials say the charges are related to Smith’s investment of clients’ money into an ethanol plant in Hopkinton. Officials say that on several occasions, Smith transferred money from clients’ accounts — against their will and without their knowledge — into his bioenergy fund. Investigators say he used either pre-signed, blank authorization forms or forged his clients’ signatures.

He’d also been imprisoned for failing to pay employment taxes.

A man who showed up at the Pottawattamie County Jail Friday morning to visit an inmate, was taken into custody on an outstanding warrant. 42-year old Richard Henry Rapp, of Council Bluffs was booked into the Pott. County Jail on a Page County warrant for being a Fugitive from Justice. His bond was set at $10,000. A disturbance in Underwood Friday night resulted in the arrest of a Council Bluffs man. 22-year old Nico Juan Lilly was arrested for 1st Degree Harassment by intimidation, an aggravated misdemeanor. His bond was set at $2,000.

20-year old Jake Marie Jerkovich, of Council Bluffs, an inmate at the Pott. County Jail, was charged with Criminal Mischief in the 5th degree, after she allegedly damaged a phone receiver and cord. The damage, which occurred at around 5-a.m., was estimated at $100. And, 25-year old Tanner Jeffrey Dehaai, of Council Bluffs, was arrested for allegedly taking a pumpkin valued at about $6, from a Hy-Vee store on West Broadway Street in Council Bluffs, Sunday night. After the merchandise was returned, and Dehaai was issued a citation for Theft in the 5th Degree, before being released with a court date for Oct. 23rd.

A traffic stop at around 7:25-a.m. today (Monday), in Red Oak, resulted in a woman’s arrest on a drug charge. Red Oak Police say 24-year old Natacia Raynae Houston, of Red Oak, was arrested for Possession of a Controlled Substance/Marijuana. Houston was being held in the Montgomery County Jail on a $1,000 cash bond.

THOMPSON, Iowa (AP) — The remains of a World War II soldier killed in action have returned home to Iowa after more than 70 years buried as an unknown at an American military cemetery in France. The Mason City Globe Gazette reports that Iowa Army National Guard members fired a 21-gun salute on Saturday to honor Army Pvt. Donald Brown, who was buried at a cemetery in Thompson. Brown died in 1944 when his tank was destroyed by enemy fire near Cambernon, France. But his remains were unable to be identified. His name was recorded alongside other missing veterans at an American Battle Monuments Commission site in France.

Brown’s remains were accounted for in June after family members submitted DNA for testing. His niece, Alison Conrad, says she regrets that no one from Brown’s generation could see the burial.