Manly bike smasher loses appeal

DES MOINES – A man who was convicted of criminal mischief for smashing two bicycles in Manly has lost his appeal in the case.

Joshua T. Dustin Hillman, age 33, faced felony theft, burglary and criminal mischief charges in Manly, Iowa after an incident that took place on September 1, 2016. He later pled guilty to fourth-degree criminal mischief in connection with the smashing of two bicycles, court records show. He was sentenced to 10 days in jail and was ordered to pay $913.25 in fines and court fees.

Hillman appealed his guilty plea, and contended his plea lacked a factual basis and, accordingly, his plea attorney was ineffective in allowing him to enter the plea and waive his right to file a motion in arrest of judgment. He also contends counsel was ineffective in failing to file or investigate an alibi defense and in failing to inform the district court that his guilty plea was the product of duress “caused by the delay in setting his bond review hearing and failure to file a motion in arrest of judgment.”

Court records show a woman provided the Manly Police Department with a written statement describing Hillman’s arrival at an apartment building and his destruction of two bicycles. The woman stated she saw Hillman put the bicycles in his truck, then “toss them to the ground, smashing and ruining” them. She listed the value of each bicycle as in excess of $200.

Because the witness statement furnished a factual basis for the crime of fourth-degree criminal mischief, Hillman’s attorney did not breach an essential duty in allowing Hillman to plead guilty to the crime and in allowing him to waive his right to challenge the plea via a motion in arrest of judgment. The Iowa Court of Appeals affirmed Hillman’s conviction for fourth-degree criminal mischief.