Daniel Wildman's preliminary hearing on a federal firearms charge is today, Thursday, Aug. 1, in U.S. District Court in Cedar Rapids.
A criminal complaint against Wildman was filed Friday in U.S. District Court in Cedar Rapids. The complaint alleges Wildman possessed one or more firearms while he was an unlawful user of marijuana and after having been convicted of a felony offense.
Wildman was charged with three counts of attempted murder for discharging his 12-gauge shotgun at Cory Numedahl of Calmar, Andrew Massman of West Union and David Cheney of Calmar as they were exiting their vehicle in Calmar early Oct. 16. The incident resulted in area schools being in lock down for most of the school day while law enforcement searched for Wildman.
Winneshiek County Attorney Andy Van Der Maaten filed a motion to dismiss Wildman's attempted murder charges Friday to allow the federal case to go forward. Judge John Bauercamper granted the motion Monday morning.
The complaint by the U.S. District Attorney's office charges Wildman with violations of federal law connected to the same Oct. 16 incident that resulted in the attempted murder charges.
"To avoid any issue related to double jeopardy, the state has determined that dismissal of the pending charges is necessary. In the interest of justice, the charges pending in this case should be dismissed," Van Der Maaten wrote.
The federal charges could ultimately result in a longer period of incarceration, according to the county attorney. Wildman was transferred to the custody of federal authorities Monday and will be held until his case can be prosecuted.
Wildman was convicted in November of 2008 in Howard County District Court for delivery of marijuana, a felony offense, and given a five-year suspended jail sentence.
After the shooting
After the shooting, Wildman's vehicle was tracked to a farm on the edge of Ossian, where he fled on an all-terrain vehicle (ATV). He eventually was apprehended in a cornfield east of Ossian after his ATV became disabled. Wildman originally was jailed on arrest warrants from Howard County for possession of a firearm as a felon, delivery of a controlled substance and a probation violation.
In his affidavit accompanying the federal complaint, Winneshiek County Sheriff's Deputy Tim Felton said there was a "good possibility" Wildman was staying at the Shawn and Hope Breitsprecher residence in Ossian at the time of the shooting and that was where he observed the car Wildman had been driving the morning of Oct. 16. The deputy said officers in an Iowa State Patrol aircraft spotted Wildman leaving a Breitsprecher outbuilding on an ATV.
Felton said Wildman told a trooper he had taken a shotgun he found in the Breitsprecher shed, loaded it with three or four shells and drove to Cheney's house in Calmar. Wildman told the trooper he fired the shotgun out of the window of the car to scare Cheney. Wildman also told troopers he smokes marijuana every day, and a Division of Criminal Investigation lab report showed his urine contained marijuana and oxycodone.
In his affidavit, Felton said he obtained a search warrant for the Breitsprechers' shed, a recreational vehicle owned by Wildman and the Breitsprechers' car that was driven by Wildman the day of the shooting.
A 9 mm model 955 carbine, a 12- gauge Remington shotgun, multiple rounds of 9 mm ammunition and one ammo box with assorted ammunition were found in the shed where Wildman's recreational vehicle was parked.
A search of Wildman's recreational vehicle yielded: rounds of .308 ammunition, three marijuana pipes, .22 caliber ammunition, 9 mm ammunition, two 20-gauge shotgun shells, foil with residue and a drug tube, five glass pipes, six ephedrine pills, marijuana and drug paraphernalia.
One .22 caliber rifle, 50 loose rounds of .22 ammunition, seven rounds of .22 ammunition in a clip, one spent .22 shell, two spent 12-gauge shotgun shells and a marijuana pipe were found in the car Wildman had been driving. In addition, Felton found seven rounds of .22 caliber ammunition in a pocket in the jacket Wildman was wearing at the time of his arrest.