Judge orders bonding company to forfeit $10,000 bond

July 29--A district judge ordered a bonding company to forfeit the $10,000 surety it posted for a man released on bond after neither the man nor a representative from the bonding company appeared for a hearing Monday in Des Moines County District Court.

District Judge Michael Schilling ordered Free Bird Bailbonds and its insurer, Universal Fire and Casualty Insurance Co., to forfeit the surety it posted with the Des Moines County clerk of the court.

The bonding company posted the bond last month for Calvon Miles, 23, of Burlington. However, Miles failed to appear for arraignment July 14 on charges of intimidation with a dangerous weapon and possession of a firearm by a felon.

Schilling then issued a warrant for Miles' arrest. He also set a new bond for Miles at $10,000 cash only. The judge directed court personnel to issue an order requiring Miles and a representative of the bonding company to appear at 10:15 a.m. Monday to "show cause" why the bond should not be forfeited.

He waited about 30 minutes Monday, and when neither Miles nor a Free Bird Bailbonds representative appeared, he issued the judgment against the company.

According to Iowa law, "the court shall direct the clerk of the district court ... to give 10 days notice in writing to the defendant and the defendant's (bonding company) to appear and show cause, if any, why judgment should not be entered for the amount of the bail."

However, Iowa law also allows the judgment to be set aside "if, within 90 days, the defendant shall voluntarily surrender to the sheriff of the county, or the defendant's (bonding company) shall, at their own expense, deliver the defendant to the custody of the sheriff."

Attempts to reach representatives of Free Bird Bailbonds were unsuccessful Monday.

Miles, Dwayne G. Jefferson Jr., 20, andâ Kijana Ivey, 16, all of Burlington, were charged in Des Moines County District Court following an armed disturbance last month in the 100 block of South Seventh Street in Burlington.

Jefferson remains in the Des Moines County jail in lieu of a $20,000 bond on a charge of intimidation with a dangerous weapon. District Associate Judge Mark Kruse doubled Jefferson's bond last month to $20,000 after learning he recently had been convicted of an unrelated weapons charge.

Ivey was charged with carrying weapons and criminal mischief for causing thousands of dollars in damage to a vehicle parked at a home where the incident occurred.

Ivey was taken to the Lee County Juvenile Detention Facility following his arrest last month. However, a spokesman at the facility said Monday he was not allowed to say if Ivey was still in custody because of his age.

Investigators said the disturbance resulted from Fabian Martinez's attempts to force Miles, his daughter's boyfriend, to move from her apartment. Police responded to the Seventh Street location after reports of shots being fired.

Lt. Jeff Klein, commander of Burlington's criminal investigation division, said at the time of the arrests last month the investigation determined no shots were fired, but several people at the home were threatened with handguns. He also said the suspects threw rocks at the side of the home, making the occupants inside believe shots were being fired at them.

Klein said police recovered one of the weapons used in the incident. However, he said detectives spent several hours looking for the second weapon but found none.

Martinez said he went to the home of his daughter, Josalyn Martinez, on North Eighth Street because he wanted Miles to move from the apartment due to "all the drugs and crap that's been going on over there. ... I just had enough."

A short time later, Martinez said he was confronted by the armed men at a home in the 100 block of South Seventh Street.

Authorities said the investigation is continuing and urged anyone with additional information about the whereabouts of Miles to contact the Burlington Police Department at (319) 753-8362 or (319) 753-8375.

Those who wish to remain anonymous can call Crime Stoppers at (319) 753-6835. A reward is being offered.

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