Court Of Appeals Rules Against Whittemore Man Convicted Of Shooting At A Crop Spraying Plane
(Des Moines)-- A Whittemore man convicted of shooting at an airplane spraying crops in eastern Palo Alto County in 2015 has lost an appeal to have his conviction overturned.
In November, 2015 55-year-old John Metzger was found guilty after a jury trial of going armed with intent, a class “D” felony. Metzger was initially charged by the Palo Alto County Sheriff's Office with terrorism, intimidation with a dangerous weapon, stalking with a dangerous weapon and going armed with intent.
The incident happened as the plane was flying over a field in Palo Alto County. Metzger allegedly shot at the plane's wing flap. The pilot wasn't injured and was able to safely land the plane after the incident.
Metzger was sentenced to five years in prison. He appealed... challenging the State's proof of the offense, alleging the State relied on nothing more than "suspicion, speculation and conjecture." This week, the Iowa Court of Appeals ruled “ When taken as a whole, the circumstantial evidence, viewed in the light most favorable to the State, was sufficient to prove beyond a reasonable doubt that Metzger committed the offense of going armed with intent.”
(Courtesy Joel Herman of Community First Broadcasting station KAYL in Storm Lake)