by Matt Marquardt –
MASON CITY – Assistant Cerro Gordo County Attorney Steven D. Tynan Wednesday evening explained how two class D felony charges were dismissed on September 28th on a Mason City man.
NIT reported Wednesday that 18-year-old Murtaza Ahmed had a felony charge of second degree attempted burglary dismissed, a felony charge of theft in the second degree dismissed and a deferred judgment handed down on a charge of operating while intoxicated after Mason City police arrested him on May 29th, 2012.
Police alleged that Murtaza had “tried to gain access to a home in Mason City and after failing to get in, he entered a truck parked in the resident’s driveway, started it up and drove away.”
Due to an alleged intoxicated state at the time of his arrest, Murtaza faced a serious misdemeanor charge of operating while intoxicated, as well.
The two dismissed felony charges and the deferred judgement on a charge of operating while intoxicated are explained below by Mr. Tynan:
The alleged victim, who is Murtaza Ahmed’s neighbor, asked to dismiss ALL of the charges. Specifically, he wrote, “I want to drop these charges because I thought he was trying to break in. He wanted to find his home and was mixed up because he was intoxicated. He had the wrong house.” See https://sphotos-b.xx.fbcdn.net/hphotos-ash3/550777_10151456230311110_773308134_n.jpg
However, the County Attorney’s office refused to dismiss the OWI. The dismissal order clearly states that dismissal is AT THE VICTIM’S REQUEST. See https://sphotos-b.xx.fbcdn.net/hphotos-snc7/420530_10151456231871110_1460558912_n.jpg
Those documents are public records at the Clerk of Court’s office. You can also see copies of them athttps://www.facebook.com/media/set/edit/a.10151456230106110.588048.792266109/#!/media/set/?set=a.10151456230106110.588048.792266109&type=3
In order to convict Murtaza Ahmed of the burglary charge, the State would need to prove beyond a reasonable doubt that he was breaking into the building to commit a theft, assault, or felony. To convict him of the vehicle theft, we would have to prove beyond a reasonable doubt he specifically intended to keep the vehicle PERMANENTLY. With even the victim prepared to testify that Murtaza Ahmed did not have those specific intents because he was too intoxicated, that would have been impossible.
I think that the theft law says, Take control or possession of property of another with the intent to deprive them. if he was drunk and didn’t even know he was taking someone elses vehicle she surely wasn’t taking control to deprive them.,
just another one under his belt for Steve. if he isn’t sure 110% that he will win in court he dismisses the charges, doesn’t want to get his “WIN” record soiled
He didnt get off with a slap on the wrist! He has probation, community service, fines & court costs, not to mention a hefty lawyer fee which he sold his vehicle to pay for! Hes also gone to prairie ridge addiction services & works full time. This kid had never been in trouble before, hes not the criminal you people are making him out to be! Yes he did commit a criminal act but he has paid his debt to society & has learned from his horrible mistake! The MCHS school faculty gets busted drunk driving on numerous occasions & they are still allowed to teach our kids & I dont hear anyone coming down on them so hard & they are supposed to be these kids role models! Mason city needs a total clean up…new cops, new teachers, etc, etc.!
And I still don’t understand why he wasn’t sent to alcohol treatment.
The bottom line question here is, did he break the law or not? If the answer is “yes”, he should be prosecuted. If the answer is “no”, he should go free. Simple, unemotional, logical. The real basis of equality under the law.
It sounds to me like the victim was scared off by someone. This guy should have been prosecuted. The police had to chase him down to catch him. Can you imagine how the arresting officer feels after risking his life to catch this guy?? What a incentive to go after the next guy.
Mr Tynan,
This explains one case of the many you let get away on a daily basis.
Can you explain this one, https://northiowatoday.wpcomstaging.com/?p=35822.
I would be interested to know why so many charges like those listed below were dropped and this drug dealer got probation. Are there some letters from the school principal asking to drop the charges?
One class C felony count of delivery of crack cocaine within 1,000 feet of a school.
One class C felony count of delivery of cocaine within 1,000 feet of school.
One class C felony count of delivery of methamphetamine within 1,000 feet of school.
One serious misdemeanor count of possession of crack cocaine.
One serious misdemeanor count of possession of cocaine.
One serious misdemeanor count of possession of marijuana.
Your lack of effort at your position has turned our community into a crime ridden ghetto.
I agree Matt!! There is no excuse including intoxication that could ever make me forgive a neighbor of violating me like that!! You have the cajones to take my car.. I have the guts to see to it you are prosecuted to the fullest extent of the law!!!
My opinion here, but the OWI charge should have stuck fully. He stole a car and tried to enter someone’s home and he was drunk. He could have killed someone. He distracted our police and wasted public resources “prosecuting” him. This slap on the wrist will enable him to go ahead and do this again. Just as troubling, all his teenage friends will see he got away with this and they may feel enabled as well.
I can tell you, I’m a nice guy, but if my neighbor steals my car I’m not writing any note to the judge to help him evade justice.