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.
I wonder how this happened… Perhaps there was an underlying basis for the decision.
guess i was wrong February 27, 2013 at 12:17 pm
@anon – Interesting bit of information you have there. You wouldn’t have any hard facts or proof to back it up, would you? I applaud free speech, but I also lean toward truth in that right of free speech.
I can. I bartended for 20 yrs.. Drunks are ignorant mouthy arrogant pain in the ass assholes. Pot smokers are easy going genuine nice people. Meth heads are stupid and crazy. Cokeheads are disfunctional.
And you’re a dipstick.
I like how he got out of jail helped the police bust his buddy Chodur and got a deferred judgement. Then you look up Chodur on Iowacourtsonline, and he is named on a warrant with 3 others in Ames they go down and he gets a deferred. Funny how Ermer getting busted dominos into 4 more people, I bet if I took the time for the Ames dealers they are listed with search warrants on others.
Observer
Why would we want anyone who is willing to break the law for a self-centered reason as getting high? Face it, most do not want drugheads in our neighborhoods or communities. Just say no to drugheads.
My point went over your head. The point being pedophiles roam freee to rape more babies while a pot smoker is locked uup. Who would you rather be your neighbor? (Assuming you have children) A pot smoker or a pedophile?
“Drugheads”? You mean alkys too? They’re “drugheads” too you do realize. Driving around in cars killing innocent “sober non drugheads”.
I agree…I don’t like “drugheads” roaming the streets either. I don’t care what they do in their own home.
ps.
“Just say no” isn’t working. And is costing MILLIONS for nothing. But hey….it’s YOUR money. Not mine.
A couple of years ago, on the west coast, someone was lacing the drugs with strychnine, and a number of users were dying from using it. The next thing we hear is the law enforc. were jumping thru hoops to find out who was doing it and catching them so that the users could go on breaking the law in safety. A skydiver gets killed when his chute doesn’t open. A race driver is killed when his race car collides the another car or the fence. A football player is paralyzed when a tackle snaps his neck. An addict dies when the drugs he is using kills him. Take the risk, pay the price. I was in a motorcycle accident last year. In the hospital for 5 days when a driver ran a stop sign. It was his fault, but it was my choice to ride the bike. Again, take the risk, pay the price.
Illegal drug use is a huge drain on society, even if no one put the druggies away. They steal to support their habits, can’t afford their own health care, are unable to work or contribute to society. Alcoholics can present the same problems. Employers are sick to death of people who don’t show up on Mondays or after their days off. Group policy health rates for small businesses go through the roof for treatment for these people if they are able to work. It’s NOT just your bodies.
Before you start putting talking about how Illegal drugs are a drain on society take a look these links at who is making profits from it and not going to jail.
Wells Fargo
HSBC admits to it http://stopthedrugwar.org/chronicle/2012/dec/12/hsbc_bank_admits_cartel_money_la
Bank OF America does it http://www.policymic.com/articles/10959/bank-of-america-laundered-drug-cartel-money-according-to-fbi
ING Bank does it http://www.nytimes.com/2012/06/13/business/ing-bank-to-pay-619-million-over-sanctions-violations.html?_r=0
http://www.informationclearinghouse.info/article33355.htm
Illegal Drug Dealers make a lot of money and they don’t take checks. Where does that mountain of cash estimated 10 to 30 billion per year? How does it get into the banking system? The local banks cannot take a deposit of more than 10 grand without generating a report that the depositor has to fill out. 10 billion in 10s and 20s is a lot of paper not easily hidden. I have nothing but questions and I am sure if I continue to reason using common sense I bet a reasonably intelligent person can understand that they are greater forces at work here.
“All because in your mind, you believe the government owns our bodies.”
That is a pretty skewed view of things. And it could not be further from the truth.
As one who does not support the use of, much less selling and possession of same, it is not about what you put in your body, but it is what one does while under the influence. The behavior is anti-social at it’s very root.
Now before you go off like Peter L about drugs and alcohol and caffeine, spare us please. It’s reasoning is specious. Same goes for the medicinal use of pot, to which there is already a pharmaceutical on the market, Marinol. Thus, using the excuse of medicinal purposes is just that, an excuse!
I would respectfully point to a recent poll by the Register in which a majority of people responding found recreational drug us against what they believe. I grew up around people who shunned drugheads, and avoided them in social settings. Not only were they not welcome in their communities, but they supported enforcement of laws, no matter the cost.
I will go one step further, if you are an addict, and want treatment, it should be provided (NA is free, but I realize that some need further rehab). But if you are a producer or seller, treble the minimum penalties as you are perpetuating the problem.
@observer I do respect your opinion but most of these people that were shunning drug users hung out at the moose, vfw, elks, eagles and many other bars getting drunk then driving. Many were married and leaving with a woman that was not their wife. I have a tough time condemning one group of drug user’s thinking they are better than another.
@anon – Interesting bit of information you have there. You wouldn’t have any hard facts or proof to back it up, would you? I applaud free speech, but I also lean toward truth in that right of free speech.
@guess Are you trying to say people never get drunk at bars and drive home? Please read article on this site. Number one cause of divorce is infidelity. Yes I do know people that have gotten divorced for that reason and I would think that most people do also.
OK, big fella. Let’s talk about specious reasoning one time, one point at a time, because I don’t want to confuse you.
IF Marinol is the same as marijuana, then why does the US government supply it’s cannabis patients with a tin of marijuana cigarettes and NOT Marinol? Do you have any idea?…if not I probably wouldn’t embarrass yourself any further or I might be tempted to cut you off at the knees worse than I just did.
“IF Marinol is the same as marijuana, then why does the US government supply it’s cannabis patients with a tin of marijuana cigarettes and NOT Marinol?”
Not too sure I know what a cannabis patient is. Someone addicted to cannabis?
As far as Marinol, the FDA, Justice Department, and most credible medical authorities are in agreement that the prescription form of pot is for all intensive purposes a far better solution. Nothing worse than self medication where the results cannot be replicated and dose cannot be accurately controlled. Marinol
and Cesamet are both rigidly controlled doses and contents.
No one has ever tested your canal bank illegal drugs have they?
“Not too sure I know what a cannabis patient is. Someone addicted to cannabis?”
Well, you don’t know because you are ignorant, does that help you? Your FEDERAL GOVERNMENT supplies it’s cannabis patients with a tin if marijuana cigarettes. The government itself supplies patients. You didn’t know this?
Because you’re dumb and ignorant.
It’s funny how everyone complains about government spending EXCEPT in these drug cases. In these cases a dollar simply doesn’t matter to you at all. If someone ingests a substance you don’t like then spending does not matter in the slightest. You’ll spend a cool one million per person. All because in your mind, you believe the government owns our bodies. That couldn’t be a more communist position.
You can break a babys legs, beat the shit out of a woman sell drugs in school/college and get a free pass but dont whoop a man ass cause you will go to prison
You can rape a 5 yr. old and get less time and more freedom than a pot smoker. It’s Nancy Ragan’s failed “just say no” campaign and the conservative dummies that continue to think drug offenses deserve more prison time than pedophiles and bank robbers We can thank these dummioes for taxpayers having to waste millions of $’s on feeding drug users/dealers and their children. All for naught.
“It’s Nancy Ragan’s failed “just say no” campaign and the conservative dummies that continue to think drug offenses deserve more prison time than…”
Why would we want anyone who is willing to break the law for a self-centered reason as getting high? Face it, most do not want drugheads in our neighborhoods or communities. Just say no to drugheads!
All they have to do is snitch on their buddy’s and they will turn them loose.
Why not sell drugs in Mason City? Big money, and if you get caught, say your sorry and walk! Why not give it a shot?