Compiled by Jared Curtis jared@dmcityview.com

On the clock
Des Moines Police — May 5

May 5, 6 a.m. – 5:30 p.m.
Burglary in the 500 block of Fulton Drive. The victim returned home from work to find his back door kicked in. More than 50 DVDs and multiple pieces of jewelry, valued at more than $550, were taken. There are no suspects.

May 5, 8:32 a.m.
Assault causing injury in the 200 block of East Shawnee Avenue. Officers met with the victim, who said he was walking to his house when a white male with a shaved head, possibly driving a maroon Ford Taurus, stopped next to him. The driver quickly jumped out of the vehicle and struck the victim numerous times with a baseball bat, then drove away. The victim said he was not robbed, and there were no witnesses. The victim received medical attention and then was arrested on an outstanding warrant.

May 5, 5:53 p.m.
Robbery in the 1400 block of Second Avenue. Officers were dispatched to the Star convenience store, 1443 Second Ave., on a robbery call. Upon arrival, officers spoke with the employee who stated that when he exited the restroom a white male wearing a white sweat shirt, black pants and a black bandana over his face was waiting for him with a revolver. The suspect ordered the employee on the floor and tried to get into the cash register. The suspect couldn’t get the register open, so he forced the employee at gunpoint to open it. The suspect took an unknown amount of money and fled the store. As soon as the suspect left, the employee jumped to his feet and observed the suspect running northbound on Second Avenue. The store has a security camera, but it was inoperable at the time of the robbery.

BUSTED

Name: Gary Lavon Seals
The story: A suspect broke into the B.P. gas station, 3401 Southeast 14th St., on April 30. With the help of three witnesses, officers were able to identify Seals as the suspect. Officers picked him up two hours after the burglary had occurred and Seals was bleeding from his hands when he was taken into custody. He later admitted during an interview with police that the injuries were sustained during the gas station burglary. Seals told police he has a crack cocaine problem and broke into the gas station to support his habit. Seals was arrested and charged with third degree burglary.

DOCKET DIVING

The following is from a recent ruling made by the Iowa Court of Appeals regarding the case of the State of Iowa vs. Eric Benjamin Wright.

“In April 2002, Eric Wright was charged with several drug-related offenses in Pottawattamie County. That case was later dismissed, in July 2002, because Wright was indicted in federal court on related charges. On April 12, 2002, Wright was personally served with notice of seizure for forfeiture of items seized at the time he was arrested including cash, a police scanner, a computer and firearms, value at $2,410. On May 17, 2002, the State filed notice of pending forfeiture of the items in a separate civil case. On May 17, 2004, Wright filed a pro se motion for return of properties and attached a copy of the declaration of forfeiture. He claimed the State had never given him notice of pending forfeiture. On Jan. 31, 2005, the district court entered an order in the criminal case which states, ‘Hearing on defendant’s Motion for Return of Seized Property. The defendant appeared by telephone. The motion is denied.’ Wright appealed the district court’s ruling.

“Forfeiture proceedings are civil proceedings, separate and distinct from any related criminal proceedings. The problem in this case, however, was not merely that the case was filed in a criminal proceeding when it should have been filed in the civil proceeding, but it was filed in a proceeding that had been dismissed. Furthermore, we conclude that even if Wright had filed his motion for return of properties, it would have been untimely. Wright claims that notice of pending forfeiture was not properly served in this case, and the property should be returned to him. Wright’s motion for return of properties was filed on May 17, 2004, more than 180 days after the declaration of forfeiture. The motion for return of properties states that Wright became aware of the declaration of forfeiture when he received a letter dated Feb. 18, 2004, which was well within the 180-day timeframe. Wright waited nearly three months, to file his motion for relief.
“We conclude the district court did not error by denying Wright’s motion for return of property, and conclude the declaration of forfeiture should not be set aside. We affirm the decision of the district court.”

Missing

Name: Lee A Rolfe
Age at report: 48
Age now: 48
Weight: 210 lbs.
Height: 5’09”
Race: White
Hair: Brown
Eyes: Blue
Sex: Male
Incident type: Other adult missing

Lee Rolfe was reported missing to the Clayton County Sheriff’s Office, in Elkader on April 13.

If you have information regarding the disappearance of this individual, please contact the Missing Person Information Clearinghouse Iowa Division of Criminal Investigation (800) 346-5507. From the Missing Person Information Web site: http://www.iowaonline.state.ia.us/mpic.

107 : The number of arsons committed in Des Moines in 2007

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