In a motion filed Aug. 28 in Taylor County District Court, attorneys for Alan J. Schultz say DCI agents violated his right to an attorney while conducting an investigation. Schultz was charged with the July 4 murder of Colby Nelson in Clearfield.
A motion to suppress, filed on behalf of Schultz, requests interviews from July 4 and July 9 by Iowa Division of Criminal Investigation Special Agent Jared Kaster and all evidence resulting from these interviews be excluded from evidence at trial due to constitutional violations.
On July 4, a shooting was reported at Bootleggers Bar & Grill in Clearfield. When officers arrived, they found Colby Nelson, 19, of Lenox, unresponsive outside of the establishment, with an apparent gun shot wound to the head. Standing near Nelson’s body was Shultz, 37, of Bedford, who told officers he was the shooter before being detained and placed in a patrol unit.
After being transported to the Taylor County Sheriff’s Office, an interview was conducted by Kaster, who began the interview by reading Schultz his Miranda warnings, which Schultz said he understood. The interview was video recorded. During the interview Schultz was asked to “walk (Kaster) through the sequence of events,” to which Schultz replied, “Not without an attorney.”
Kaster acknowledged the invocation of counsel but did not request counsel or offer to help Schultz contact an attorney. Kaster continued to question Schultz, who did recount the shooting during the interview. After the interview was over, a criminal complaint was filed charging Schultz with first degree murder. A second felony charge of dominion or control of a firearm or offensive weapon by a domestic abuse offender was also added.
On July 8, Schultz applied for and was granted counsel at state expense. The next day, two attorneys from the State Public Defender’s Special Defense Unit filed their appearance in the case. The same day, Kaster again had contact with Schultz while he was in the Adams County Jail, and again read the Miranda warnings to Schultz.
During the July 9 interview, Kaster acknowledges counsel has been appointed to Schultz, which Schultz confirmed but stated he had not had contact with them. Schultz told Kaster he was willing to listen to him and reiterates the same statement when asked if he was willing to talk to Kaster. Kaster continued the interview which resulted in Schultz making self-incriminating statements.
The motion to suppress cites violations of Schultz’s Fourth, Fifth and Sixth Amendment Constitutional rights and his right against self-incrimination as provided in the due process clause of the Iowa Constitution.
There has been no response to the motion by the court.
In a filing by Schultz’s counsel on Aug. 16, notice was given of the intent to rely on the defenses of intoxication, self-defense and defense of others. A pre-trial conference is scheduled Oct. 22, in Taylor County District Court.