Ad-Express and Daily Iowegian, Centerville, IA

March 7, 2013

Probation, probation, deferred judgment for Centerville man

By Michael Schaffer - Managing editor
Daily Iowegian

CENTERVILLE — A Centerville man sentenced to probation in 2011 and 2012 in the Appanoose County Courthouse received a deferred judgment Feb. 15.

Zachary James Elarton, 19, facing three controlled substance violation counts, was sentenced on one of those counts to a deferred judgment, five years with the Department of Corrections and a fine. Judge Kirk A. Daily adjudicated the class D felony charge.

On May 7, 2012 the Centerville Police Department filed criminal complaints alleging Elarton delivered marijuana three separate times to an informant working with law enforcement at a house on Highway J46 in Appanoose County. During two of the transactions a police officer working undercover was present.

Appanoose County Attorney Richard Scott on June 8, 2012 filed trial information officially charging Elarton with three counts of manufacture, deliver or possess with intent to manufacture or deliver marijuana, more than 50 kilograms, class D felony, on Aug. 3, 2011, Aug. 8, 2011 and Sept. 6, 2011 in Appanoose County.

The court dismissed one of the three counts and has yet to dispose of the final count.

Elarton owes the county $1,182 for this criminal case.

The 2011 probation sentence stems from the case where Elarton entered a plea agreement to the reduced charge of assault, a simple misdemeanor, and was sentenced by Judge Kirk A. Daily on Sept. 30, 2011 to a fine, two years probation to the court and 30 days in jail, all suspended. Elarton originally was charged with domestic abuse assault cause bodily injury, mental illness, a serious misdemeanor with an offense date of Feb. 7, 2011.

The 2012 probation sentence stems from the case where Elarton entered a voluntary, negotiated guilty plea to the reduced charge of unlawful possession of prescription drug, a serious misdemeanor, and on June 15, 2012 Judge Daily sentenced him to a fine, two years low risk probation, 365 days in jail, all suspended and credit for any time served. Elarton originally was charged with one count of controlled substance violation, a class D felony with an offense date of Sept. 13, 2011.

He owes the county $838 for these cases.