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Lomicka takes plea deal

Ashton Lomicka

A Fort Dodge man has accepted a plea agreement with the state to plead guilty to a bevy of charges spanning five separate cases in Webster County.

Ashton Jack Lomicka, 22, filed his written guilty plea on Sept. 24. He faces a minimum of seven years or as many as 40 years in prison.

Armed robbery

Lomicka was facing the following charges in connection with a Jan. 4 armed robbery in the Coleman District:

• First-degree robbery, a Class B felony

• Going armed with intent, a Class D felony

• Dominion of a firearm by a felon, a Class D felony

• First-degree burglary, a Class B felony

• Carrying weapons, aggravated misdemeanor

According to the plea agreement, Lomicka pleaded guilty to an amended charge of second-degree robbery, a Class C felony, while the remaining counts were dismissed.

Lomicka, along with 29-year-old Tyler Rosburg and 17-year-old Davaris Shivers, was accused of breaking into a home in the 2000 block of South 12th Street to commit a theft. According to police, he then held one victim at gunpoint while the others went through his pockets.

Rosburg has pleaded guilty to his role in the armed robbery, while Shivers has an active warrant out for his arrest for failing to appear at a pretrial conference.

Drugs

For an April 8 incident, Lomicka was charged with one count of possession of methamphetamine with the intent to deliver, a Class B felony. Per the plea agreement, Lomicka pleaded guilty to amended charges of one count of intent to deliver less than five grams of meth, a Class C felony, and trafficking stolen weapons while in the commission of an offense, a Class C felony.

On that date, the Fort Dodge Police Department executed a search warrant on Lomicka’s residence and found a “large amount of crystal substance inside of a glass jar” on his person.

Burglary

Lomicka was also facing felony charges for an April 5 burglary of a rural Gowrie home.

According to the criminal complaint, a 13-year-old girl was in the home when the burglary happened.

Through investigation and viewing surveillance footage, Webster County sheriff’s deputies were able to identify Lomicka as a suspect. According to the criminal complaint, Lomicka stole 190 ounces of silver valued at $6,447, $3,500 in cash, Dewalt tools valued at more than $3,000, a rifle with a scope and a .410-caliber long gun.

Lomicka was charged with first-degree burglary and first-degree theft, a Class C felony.

Under the plea agreement with the state, Lomicka has pleaded guilty to an amended charge of second-degree burglary, a Class C felony, and the other charge was dismissed.

Operating vehicle without owner’s consent

Charges of dominion of a firearm by a felon and operating a vehicle without the owner’s consent, an aggravated misdemeanor, from another April 4 incident were dismissed.

OWI

Lomicka also pleaded guilty as charged to operating while under the influence for an October 2020 incident. For the OWI, Lomicka received 30 days in jail with credit for time served.

Sentencing

Lomicka’s sentencing for the remaining charges will be Nov. 8.

Under the plea agreement, both the state and the defense recommend the following sentences:

• An indeterminate 10-year sentence with a 70% mandatory minimum for second-degree robbery

• An indeterminate 10-year sentence for possession of meth with intent to deliver

• An indeterminate 10-year sentence for trafficking stolen weapons while in the commission of an offense

• An indeterminate 10-year sentence for second-degree burglary

According to the agreement, all the prison terms should run consecutively with one another for a total maximum of 40 years with a minimum of seven years.

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