Ad-Express and Daily Iowegian, Centerville, IA

October 11, 2012

Appanoose County teen gets probation for an aggravated misdemeanor conviction

By Michael Schaffer - Managing editor
Daily Iowegian

CENTERVILLE — An Appanoose County man facing seven felony and misdemeanor charges in two separate cases was sentenced to probation.

Branden Lee Cole, 18, of Centerville, was sentenced by Judge Kirk A. Daily Sept. 28 to two years in state prison, suspended, two years probation low risk, fine, given credit for any time served for first degree harassment, an aggravated misdemeanor. Cole entered a written voluntary, negotiated guilty plea to the charge on Aug. 31.

Several class D felony criminal charges Cole was facing were dismissed Sept. 28 by the court, including going armed with intent and extortion.

The criminal complaint states the offense date for all three charges was July 27, 2011. Trial information filed by Appanoose County attorney Richard Scott alleges Cole was armed with a dangerous weapon and intimidated Nicholas Fetters and "threaten bodily harm if the victim (Fetters) reported a burglary to the police."

Cole owes the state $944.31 for the prosecution of this court case.

Cole, in an unrelated criminal case with an offense date of July 11, 2011, was sentenced by Judge Daily Sept. 28 on the charge of fourth degree theft, a serious misdemeanor, to a fine, two years probation low risk, 365 days in jail, suspended and given credit for any time served.

Cole entered a written voluntary, negotiated guilty plea to the charge on Aug. 21, 2012.

Several class D felony criminal charges Cole was facing were dismissed Sept. 28 by the court, including two counts of third degree burglary and one count of second degree theft.

Trial information filed by Scott alleges Cole on July 11, 2011 unlawfully entered Scott's Pawn & Gun and Rumor's Salon in Centerville to commit a theft where he allegedly took possession of property in excess of $1,000 but less than $10,000 from one business and property in excess of $200 but less than $500.

Cole had an accomplice in the alleged thefts, Nicholas Dean Fetters, of Jerome and Centerville. Fetters' case was adjudicated several months ago.

Following Fetters arrest for the thefts, he told police Cole also took part which prompted the criminal charges of going armed with intent, first degree harassment and extortion against Cole as he allegedly attempted to intimidate Fetters to keep him quiet.

Cole owes the state $695.25 for the prosecution of this criminal case.