The jury trial of Robert Schultz, owner of the Jefferson Pizza Ranch who is charged with arson in connection with the Jan. 27 fire there that closed the business, has been continued to Nov. 1. The case was originally set for trial Aug. 23.
Still in question is what evidence will be allowed at a trial. Schultz’s attorney, Roger P. Owens of Des Moines, filed a motion in Greene County district court in July to suppress all evidence gathered in a “warrantless search” conducted by chief deputy Jack Williams the day of the fire.
Williams was called to the scene of the fire as the Jefferson fire department responded to the call. He is not only chief deputy, but was captain of the Jefferson fire department at the time. Attorney Owens in his motion wrote that Williams’ main purpose for entering the building “soon became investigatory.”
Williams determined there were two sources of the fire, and determined the fire was suspicious. He went outside and asked fire chief Randy Love to call a state fire marshal. Owens wrote that Williams ended his investigation into the cause of the fire and began to collect evidence for an arson prosecution. Doing that without a warrant or the owner’s consent was a violation of Schultz’s reasonable expectation of privacy, and evidence gathered should be inadmissible in a trial, Owens wrote.
County attorney Nic Martino wrote that evidence was gathered within established guidelines and upheld by case law.
Judge Gary McMinimee held a hearing on the motion to suppress Aug. 15 but as of Sept. 9 has not yet ruled on whether the evidence will be admitted.
Since the hearing on the motion, the judge has approved issuing subpoenas to Verizon and U.S. Cellular for call logs, text messages and tower records for a pair of cellular phones, one of them belonging to Schultz. Search warrants had previously been issued to both cellular providers but no information was forthcoming.
Owens also has requested that the court allow him to have a certified court reporter transcribe 3-1/2 hours of oral statements Schultz provided to law enforcement and insurance investigators. Owens wrote that Schultz is “indigent” and cannot pay for the transcription.
