The Clinton Herald, Clinton, Iowa

Top News

January 6, 2013

Judge suspends incarceration for attempted burglary

CLINTON — A Clinton County judge decided to suspend incarceration of a man who pleaded guilty to attempted burglary in the first degree.

“I just don’t see this case meriting a 10-year prison sentence,” Judge Mary Howes said. “I just don’t see any real benefit for sending him up there.”

Nicholas Fox, 32, was sentenced Thursday morning. Howes agreed with Defense Attorney Bruce Ingham and ordered that the up to 10 years in the Iowa Department of Corrections be suspended. He will instead complete probation at the Residential Corrections Facility in the Quad- Cities.

According to court documents, Clinton police were dispatched at 9:24 p.m. June 26 to 850 First Ave., apartment 26, for an assault. The victim informed the police that he had a phone conversation with Fox, advising him not to call again, or he would notify the police about warrants Fox had, according to the affidavit. The victim added that Fox said he would come to his apartment and hurt him.

Fox arrived at the victim’s apartment and pounded on the door, walking in without an invitation, according to court documents. Fox began hitting the victim repeatedly and bit him, according to the affidavit. The affidavit continues that two witnesses from outside of the apartment entered the apartment after Fox and pulled him off of the victim. Fox took off running away from the apartment complex.

Fox was later arrested for burglary in the first degree. On Nov. 30, he pleaded guilty to the lesser charge of attempted burglary in the first degree.

During the Thursday morning sentencing, Clinton County Attorney Mike Wolf asked that Howes honor the pre-sentencing investigation’s recommendation of incarceration. Wolf stated that Fox has substance abuse issues that need to be addressed. He felt that incarceration would be the best option for Fox to address his issues.

“Mostly what Mr. Fox has is a serious substance abuse issue,” Ingham said.

Ingham pointed out that Fox does not have any prior felonies and has never be incarcerated before. He added that all of his previous charges were minor. Ingham pointed out that Fox has been able to reflect on his situation while serving 117 days in the Clinton County jail.

“I promised my kids I would change and I just want a chance to get some rehab,” Fox said in court.

Fox was visibly upset as he asked for a suspended sentence. He told Howes that he has three children and pays child support. He added that he does his best to be a good dad, but the past two years were difficult and he had serious substance abuse issues.

Howes said she sees some hope for Fox. He will remain in jail until he can be screened for RCF treatment and a bed opens up. She told Fox that he needs to work to stay on the straight and narrow from now on.

“I won’t let you down, I promise,” Fox said.

Text Only
Top News
  • County talks anti- nepotism policy, vehicle guidelines CLINTON -- The Clinton County Board of Supervisors this week discussed possible human resources policies. Human Resources Director Lynn Tibbetts introduced a rough draft of an anti-nepotism policy for the county. This policy would prevent a family me

    May 24, 2013

  • 5-24-13 1C-Illinois track photo Steamers' Holesinger advances to finals CHARLESTON, Ill. -- Bryce Holesinger wasn't going to let an injury stop him. Holesinger, a junior at Fulton High School, qualified for Saturday's finals in the 300-meter hurdles by winning his heat Thursday in the preliminaries at the Illinois Class

    May 24, 2013 2 Photos

  • computer.jpg In fan fiction, your favorite characters do what you want them to

    When J.J. Abrams took over the "Star Trek" franchise in 2009, he boldly went where the series hadn't gone before — romantically — pairing Uhura with Spock. Many fans disliked the change. Some loved it. Others didn't care, because they just wanted to see Kirk and Spock make out.

    May 24, 2013 1 Photo

  • dog-found.jpg VIDEO: Tornado survivor's missing dog found during TV interview

    Barbara Garcia was being interviewed by CBS News about how she survived the destruction of her home to Monday's massive tornado in Moore, when the dog she feared dead was suddenly discovered alive in the rubble of her home.

    May 24, 2013 1 Photo

  • Northeast preps for end of grade sharing GOOSE LAKE -- The Northeast School Board is planning to add bus stops next year under the worst-case scenario that a Clinton County District Court judge does not force the Easton Valley School District to honor a whole-grade sharing agreement. North

    May 24, 2013

  • Scott Levine It's a long road ahead for the graduates Summer is near and that means hundreds of area teens are preparing for likely what will be the biggest move in their young lives. Clinton, Camanche and Fulton, Ill., will hold graduation ceremonies this weekend, meaning high school seniors will leave

    May 24, 2013 1 Photo

  • 5-24-13 Lyons Farmers Market photo Earthen Treasures: Vendors and shoppers ready for farmers market

    CLINTON -- Jean Morgan spends more than 10 hours a week weeding, planting and tending to 2-acre plot of land just outside of Camanche.

    May 24, 2013 1 Photo

  • 5-24-13 1C-david moore and ryan schroeder Tennis No Moore CLINTON - "Before I got hurt, I was by far the best tennis player around. At camps, I could come out and hit, and the kids would come out to watch. I could show them how to hit a shot. They would absolutely buy into everything I told them." That was

    May 24, 2013 2 Photos

  • 5-24-13 Veterans photo 2 Memorial park: A place to remember

    FULTON, Ill. -- Fulton American Legion Commander Bill Blecha's goal is to have a park where members of the community can reflect on the sacrifices of past, present and future veterans.

    May 24, 2013 2 Photos

  • 466100b462a9bd11320f6a706700d9c4.jpg 10 Things to Know for Friday

    Your daily look at late-breaking news, upcoming events and the stories that will be talked about today.

    May 24, 2013 1 Photo

AP Video