MASON CITY – A former Mason City man who had faced up to 15 years in prison for two felony drug counts walked out of his sentencing hearing with a deferred judgment and probation for his possession of cocaine with the intent to deliver.
Robert David Ermer, age 19, was arrested on December 27th, 2011 following a 2:30am traffic stop near the intersection of 2nd Street Northeast and North Connecticut Avenue. According to the Cerro Gordo County Sheriff’s media incident report a search warrant was executed by local law enforcement at 1009 Kentucky Ave South in Mason City following the traffic stop.
As a result of the incident and evidence found, then 18-year-old, Robert David Ermer was booked into the Cerro Gordo County jail on one class C felony count of Possession of Cocaine with Intent to Deliver, one class D felony count of Possession of Marijuana with Intent to Deliver.
After his arrest Ermer remained in the Cerro Gordo County Jail 8 days until North Iowa Bonding posted a $15,000 surety bond to gain his release on January 3rd, 2012.
Following Ermer’s release the North Central Iowa Drug Task Force obtained a warrant on January 18th naming Robert Ermer and Corry Chodur as the defendants. During the search warrant execution at Choder’s residence more than 2 pounds of marijuana, a large quantity of cocaine, and a large amount of cash was seized according to a media release.
Court records do not show any new charges against Ermer following the search warrant execution. Chodur was charged weeks after the search warrant was executed with 4 felony drug charges related to the evidence collected during the drug raid.
Days before a pre-trial conference Choder’s lawyer and the prosecution entered in a negotiated voluntary guilty plea agreement.
At the sentencing hearing on Tuesday, November 13th, presiding District Court Judge Christopher C. Foy approved an application to dismiss the two Class D felony counts of Failure to Affix a Drug Tax Stamp.
Judge Christopher C. Foy then handed down a two deferred judgments on both remaining charges. The 1st deferred judgment was two an amended Class C felony charge of Possession of Cocaine with Intent to Deliver. The 2nd deferred judgment was for the original Class D felony count of Possession of Marijuana with Intent to Deliver.
Just four days before a scheduled trial Ermer’s lawyer and the prosecution also entered in a negotiated voluntary guilty plea agreement. As part of the plea bargain the prosecution would not pursue the Class D felony count of Possession of Marijuana with Intent to Deliver if Ermer pled guilty to the cocaine charge.
On January 14th, 2013 Ermer entered a written plea of guilty to the Class C felony charge of Possession of Cocaine with Intent to Deliver.
At Ermer’s sentencing hearing on Monday, February 25th, presiding District Court Judge, Colleen D. Weiland handed down a deferred judgment to the cocaine charge. Instead Ermer was ordered to pay a $1,000 fine and serve 3 years of probation with the Iowa Department of Corrections.
Under a deferred judgment the court holds the guilty plea back and throws it out should the defendant successfully complete the terms of their probation.
SUBJECT IS INNOCENT UNTIL PROVEN GUILTY.
