In a move that took even Greene County Clerk of Court’s staff by surprise, charges were amended Tuesday in Greene County district court, and Robert Schultz, owner of the Pizza Ranch in Jefferson, pleaded guilty to burning down his business last January.
In the sentence handed down by District Court Judge William C. Ostlund, Schultz will serve no prison time and pay no fines. Schultz, 53, of Ankeny entered Alford pleas to amended charges of second-degree criminal mischief (a Class D felony) and third-degree arson (an aggravated misdemeanor).
In entering an Alford plea, a defendant does not admit committing a crime but believes that given the facts in the county attorney’s information, a jury would find him guilty of the crime.
On the criminal mischief charge, Schultz was sentenced to five years in prison and fined $750, with a $467 surcharge and a $125 Law Enforcement Initiative (LEI) surcharge.
On the arson charge, he was sentenced to two years in prison and fined $625, with a $218.75 surcharge. The prison time and the fines and surcharges were suspended on both counts, although he must pay the $125 LEI surcharge.
Schultz was placed on probation for three years on the first count and two years on the second count. He must pay a $300 probation enrollment fee. He must also pay victim restitution and $1,111.25 in court costs.
Schultz was originally charged last March with insurance fraud, first-degree arson and first-degree criminal mischief in connection with the Jan. 27 fire at Pizza Ranch on the square in Jefferson.
The amended charges and guilty pleas came just five days after Greene County District Court Judge Gary L. McMinimee ruled that text messages between Schultz and his brother, Andrew Schultz, would not be admissible as evidence.
According to an affidavit, Andrew Schultz sent Rob Schultz a text message Jan. 26 at 3:27 p.m. reading , “Hate to ask again do you have any cash I know it didn’t work last time I will try to make sure it happens this time thanks brother if not that’s fine.”
Rob Schultz replied just two minutes later, “Ya I will pick them up and leave some cash.” His brother replied, “Thanks Brother” at 6:13 p.m., and on Jan. 27 at 1:11 a.m. he texted to Rob, “Go.”
Schultz’s attorney Roger Owens argued in a motion that the text messages, intended by the prosecution to establish a conspiracy to set the fire, were inadmissible hearsay. Judge McMinimee ruled that without other evidence to establish a conspiracy to commit arson, the text messages “do not make it more likely than not that the defendant and his brother conspired to commit arson.”
No charges have been filed against Andrew Schultz in connection with the fire.
The interior of the restaurant was severely damaged in the January blaze, which was contained by the Jefferson Volunteer Fire Department to the Pizza Ranch property although the three businesses to the south received heavy smoke damage.
At one point early in the fire, flames were seen shooting from the roof at the rear of the building, according to the incident commander, who was concerned the entire quarter block – if not more – could be lost.
Agencies assisting the Jefferson Volunteer Fire Department included the Churdan Fire Department, Grand Junction Fire Department, Carroll Fire Department with their aerial truck, Jefferson Police Department, Greene County Sheriff’s office, Greene County EMS and Alliant Energy.
Victoria Riley is the editor and publisher of the GreeneCountyNewsOnline.
Criminal charges for someone who torched a Pizza Ranch? Sheesh! He should have been given a medal. I wish more of them would cease with their fusion of evangelism and mediocre food. Unfortunately, the Republicans would need to find other places for their rallies.