BOONE, Iowa—A Boone County jury recently found a Boone man guilty of Simple assault. The case was held in Boone County District Court. A press release from the Boone County Attorney’s office provided additional details:
On December 7, 2016, a Boone County jury in the Boone County Courthouse found Dominic Wayne Pogwizd II, 25, of Boone, Iowa, guilty of Assault. Simple Assault is a simple misdemeanor which carries a maximum sentence of up to 30 days in jail.
The jury trial began on December 6, 2016, with jury selection, opening statements, and evidence. At trial the State provided testimony from four different witnesses. According to the testimony, on August 10, 2016, the female victim was knocking on doors trying to get help and finding help at a local school with some workers there preparing for the upcoming school year. A school employee testified that the female victim was trembling, shaking, crying out of control, and had wet hair. The female victim told the employee that her boyfriend tried to drown her and she was scared to go back to their apartment. The employee tried to calm the victim and had someone call the police.
Officers from the Boone Police responded to the school. According to the detective’s testimony, when he arrived at the school he made contact with the female victim. He noticed she had wet hair and a cut on her lip. She was distraught, crying, and complained of neck and back pain. The female victim told him that she did not want to go to work with Pogwizd that morning and he got upset with her. Pogwizd then pushed her head against the wall and hit her with an open hand. She told the detective that he drug her to the bath tub when he put her head into the water. The detective went to the apartment where the victim and Pogwizd lived. He noticed that the apartment door was open and inside the apartment things were in disarray. He noticed blood on the lower bathtub curtain, drops of blood on the outside tub wall, and floor. He testified that the blood was in a localized area that included a blood smear on the bathtub edge. He also found a broken cell phone in the apartment and its battery in a different location.
Another detective from Boone Police Department testified that he assisted in the investigation. He noticed the living room and bedroom in disarray and drops of blood in the bathroom. He spoke to Dominic Pogwizd II that day. In his interview with Pogwizd, the defendant stated that nothing physical happened in the apartment. Pogwizd then said instead the female victim acted crazy that morning throwing items. Pogwizd told the detective that she told him that morning she was going to call the police. The detective told the jury that he looked for the victim after this incident and was unable to locate her.
The last witness to testify was a Doctor who examined the victim. The doctor testified that the victim came to the hospital by ambulance and complained of pain to her chest, back and head. The victim was only 118 pounds and 20 years old. She said that the victim’s hair was wet, cut on her lip and she had no defensive or aggressive wounds to her hands. The female victim told her that she was assaulted by her boyfriend Dominic. She said that they live together and the night before he threw her down and struck her head against the door. The female victim stated that in the morning the violence continued when he drug her by the hair hitting her head against the floor and held her head under the water in the bathtub in an attempt to drown her. The female victim told her that “I was scared he was going to kill me this time.”
Dominic Pogwizd took the stand and stated that he did not assault the female victim and that she made this up to get him into trouble. He denied anything happened in the bathroom or that they lived together.
The jury returned a guilty verdict on December 7, 2016, finding Dominic Wayne Pogwizd II guilty of Simple Assault. Sentencing will be held at a later date. The maximum penalty for Dominic Wayne Pogwizd II’s conviction is up to 30 days in jail and a fine.
Boone County Attorney, Daniel Kolacia, tried the case on behalf of the State of Iowa for the prosecution. Dominic Pogwizd II was defended by a local attorney. The case was investigated by the Boone Police Department.
(contributed article and photo, Boone County Attorney)