MASON CITY – A Rockford man has received a deferred judgment and probation as part of a voluntary negotiated plea agreement in a burglary case.
On March 21st Cerro Gordo County Sheriff Deputies responded to report of an assault at a rural county residence located at 3861 Thrush Avenue shortly before 10:30am. Allegedly 52-year-old Scott Howard Ginther forcefully entered the private residence of 50-year-old David Bamrick and assaulted Bamrick. David Bamrick was treated and released at Mercy Medical Center in Mason City for injuries sustained in the alleged burglary and assault.
Originally Ginther was charged with a Class B felony count of 1st degree burglary for entering a dwelling to assault a person inside. Iowa Code 702.11 classifies 1st degree burglary as a forcible felony punishable by up to 25 years in prison if convicted.
Ginther was also charged with possession of methamphetamine in relation to the incident.
Ginther entered written pleas of guilt to the serious misdemeanor possession of methamphetamine and a lessor Class D felony count of 3rd degree burglary on May 10th.
At the scheduled sentencing hearing on Tuesday, August 14th, presiding District Court Judge Rustin T. Davenport handed down a deferred judgment on the 3rd degree burglary charge. Judge Davenport ordered Ginther to serve 2 years of probation with the Iowa Department of Corrections and suspended a $750 fine. Under a deferred judgment the 3rd degree burglary charge would be stricken from Ginther’s record should he successfully complete the terms of his probation.
On the possession of methamphetamine charge Judge Davenport sentenced him to serve 14 days in jail, and pay a $315 fine.
Ginther has a scheduled trial set for September 26th at 8 am for simple misdemeanor counts of assault, 5th degree criminal mischief, and possession of drug paraphernalia related to the burglary incident.
SUBJECT IS INNOCENT UNTIL PROVEN GUILTY.