Arraignment set for MC man who was awarded new trial in felony theft case

MASON CITY – A Mason City man arrested in 2013 for stealing a trailer with the help of a Rockford man faces an arraignment on several charges in that case after an Iowa Appeals Court threw out his plea deal.

Mason City police had arrested 26-year-old Clay Douglas Kalvig of Mason City and 29-year-old Christopher Michael Winters of Rockford back in May of 2013 for a number of thefts, including stealing a trailer that was in an alleyway.

Winters was charged with two counts of second degree theft, but soon pled guilty to a single charge of fourth degree theft. The other charge of second degree theft was dismissed. Winters was assessed $800.53, which he has not made any payments on, to date. Winters is currently awaiting a hearing in Cerro Gordo county court on June 30th on a felony charge of delivery of meth brought by the Cerro Gordo County Sheriff’s Office.

Kalvig pled guilty to to theft in the second degree after he was charged with four counts of second-degree theft, one count of third-degree theft, and one count of driving while barred. Kalvig and prosecutors entered into a plea agreement whereby Kalvig would plead guilty to one count of second-degree theft, both parties would recommend a sentence of five years in prison, and the State would dismiss all other charges. Kalvig signed a written guilty plea that was filed with the court.

However, Kalvig appealed, and claimed that the guilty plea was not entered voluntarily and intelligently, and an Iowa Appeals Court on May 14, 2014, found in his favor, ruling that the court failed to address the required advisories with Kalvig, personally, in open court. Those advisories include: The nature of the charge; the minimum and maximum applicable punishments; the advisory a guilty plea may affect his immigration status; and his various trial rights including the right to a jury, to the assistance of counsel, to confront and cross-examine witnesses, to not incriminate himself, and to present witnesses and to have compulsory process to secure their attendance.

On June 20, 2014, Cerro Gordo county prosecutor Steven Tynan filed a motion in court to re-instate all the original charges against Kalvig, and for a travel order to send him to the Fort Dodge Correctional Facility as he awaits his court dates. Judge Annette Boehlje granted both requests, and set an arraignment date of July 30, 2014. Kalvig is now in the Cerro Gordo County jail, awaiting transport to prison. He has hired Richard Tompkins as his attorney.