immediate release - Monday, November 18, 2002.
Bob Brammer - 515-281-6699.
Statement of the
Attorney General's Office
Monday, November 18, 2002
Guilty pleas filed with court by former Kossuth County Sheriff
Former Kossuth County
Sheriff Kevin D. VanOtterloo today filed a written plea of guilty to three
felony counts. VanOtterloo filed the written plea at Kossuth County District
Court in Algona. A pretrial hearing was set for 9:30 a.m. December 2,
at which the Court is expected to decide whether to accept the defendant's
plea and, if so, to proceed to sentencing.
VanOtterloo filed guilty pleas to
charges that were filed August 19 by the Attorney General's Office: Theft
in the First Degree, a class C felony, Felonious Misconduct in Office,
a class D felony, and Forgery, a class D felony. The charges followed
an audit of the Kossuth County Sheriff's Office by the Iowa State Auditor's
Office. The audit was released publicly on June 27, 2002.
A class C felony is punishable
by up to 10 years in prison and/or a fine up to $10,000. Each of the two
class D felonies is punishable by up to 5 years in prison and/or a fine
up to $7,500.
Iowa law also provides that, if
convicted, an offender is responsible for paying restitution to the victim.
State prosecutors will ask the Court to order restitution to Kossuth County
totaling $101,330.27 ($94,430.48 identified in the Auditor's Report as
misappropriated by VanOtterloo, and $6,899.79 paid by the county for the
State audit), and $1,400 to the Algona Officials Association that was
identified as misappropriated by VanOtterloo when he was treasurer of
VanOtterloo became a Kossuth County
deputy sheriff on May 19, 1980, and was appointed Sheriff Jan. 1, 1993.
He submitted a letter of resignation March 19, 2002, citing "an error
in my judgment, to use the county credit card for personal items."
The Attorney General's Office was asked to handle the matter by Kossuth County Attorney Todd Holmes. Assistant
Attorney General Andy Prosser served as prosecutor. Mr. VanOtterloo is represented by attorney John D. Brown of
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