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Whittemore Man’s Appeal Of Conviction Is Denied

June 15, 2017
Emmetsburg News

DES MOINES A Whittemore man's appeal of his conviction on criminal charges was rejected last week by the Iowa Court of Appeals.

According to court documents, 55-year old John Metzger of Whittemore had filed an appeal of his November 2015 conviction on charges of Going Armed With Intent, a Class D Felony, after he had originally been charged in the Summer of 2015 of shooting at an airplane spraying crops in eastern Palo Alto County. Originally, Metzger was arrested by the Palo Alto County Sheriff's Office in 2015 and was initially charged with Terrorism, Intimidation with a Dangerous Weapon, Stalking with a Dangerous Weapon and Going Armed with Intent, after Metzger shot at a crop duster flying over a field, striking the aircraft in the wing flap. The pilot of the aircraft was not injured in the incident and was able to land the aircraft safely after the incident took place.

Following a jury trial, Metzger was found guilty of the Going Armed With Intent Charge and was subsequently sentenced to a five-year prison term. However, Metzger filed an appeal of his conviction, basing the appeal on the basis that "he challenges the State's proof of the offense, alleging the State relied on nothing more than suspicion, speculation and conjecture."

After taking the appeal under consideration, the Iowa Court of Appeals issued a ruling early last week, upholding the conviction and rejecting the appeal. In the opinion, the Appeals Court ruled, " When taken as a whole, the circumstantial evidence, viewed in the light most favorable to the State, was sufficient to prove beyond a reasonable doubt that Metzger committed the offense of going armed with intent."



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