Criminal mischief charge dismissed in graffiti case
Jul. 28—CLINTON — A charge of second-degree criminal mischief filed against a Clinton man in connection with graffiti found spray painted on a wall inside what used to be Ashford University has been dismissed.
Clinton County Assistant County Attorney Lisa Maidak on July 19 filed a motion granted by Seventh District Judge Joel Barrows to dismiss the charge of criminal mischief against Jacob Paul Schoenhaar because the building had been repainted and sold to a new owner who was unable to be located to prove the amount of actual damages.
According to a court affidavit, Clinton law enforcement was called to 400 North Bluff Boulevard just after 3:30 p.m. Jan. 13 for a report of a suspicious vehicle. Upon arriving, law enforcement observed a black Chevy Trax, parked behind the building, and found to be registered to Schoenhaar.
As law enforcement spoke with building security officer Christopher Lackas, two males, one of them identified as Schoenhaar, walked up to them from the northwest side of the building. Schoenhaar stated that he had gone to school there and wanted to show the other man the building, so they were walking around it and were by the cemetery on the property to look at the building's architecture.
The next day, Jan. 14, law enforcement went to Schoenhaar's residence to conduct a follow-up interview shortly after 8:30 a.m. The affidavit states that Schoenhaar admitted to entering the building and had wanted to show his friend from out of town the art room where he had attended class. He admitted as well to spray painting a wall inside the building and said it was to cover up swastikas that had been painted there previously by someone else.
The affidavit states that less than two hours later, law enforcement again met with Lackas at 400 N. Bluff Blvd. and went inside to photograph the graffiti and two bags of spray paint inside a third bag of paint. Law enforcement also observed a black cell phone with Schoenhaar's driver's license inside its case. Schoenhaar was then cited into court.
With Eric Dale as appointed counsel, Schoenhaar on Feb. 17 entered a plea of not guilty and waived the right to a speedy trial.
On Feb. 21, a notice was filed regarding the discovery of additional evidence provided to the defense via an online link by the Clinton County Attorney's Office. A continuance followed on March 2, allowing additional time for the discovery.
Schoenhaar failed to appear at the March 23 pretrial conference and a bench warrant was then issued for his arrest, according to court documents. Court documents state Schoenhaar was in custody the next day, March 24, but was also released on that date after the posting of a $5,000 cash-only bond.
Schoenhaar also was charged with trespassing, first offense, in connection with the case. Under Iowa Code, a person committing a trespass that results in injury to any person or damage in an amount more than $300 commits a serious misdemeanor. A pretrial conference preceding a jury trial on the trespassing charge is set for Aug. 3.
