Le Mars man pleads not guilty of murder

LE MARS, Iowa — A Le Mars man charged with a deadly assault has pleaded not responsible of homicide.

Reese Harms’ lawyer additionally has requested for the dismissal of one of many two costs filed in opposition to his consumer.

Michael Jacobsma filed Harms’ written not responsible plea Sunday in Plymouth County District Court docket to costs of second-degree homicide and tried homicide. Jacobsma additionally requested for the dismissal of the tried homicide cost, saying in his movement that Harms cannot face homicide and tried homicide costs involving the identical individual and the identical acts.







Reese Harms mugshot

Harms




Harms, 24, was arrested Jan. 19 after police responded to an assault wherein Michael Gomez was discovered not respiration. Gomez, 44, of Merrill, Iowa, later was revived however died 4 days later in a Sioux Falls hospital.

The alleged incident occurred on the Fieldcrest Residences, 1120 Second St. SE, the place, in line with courtroom paperwork, Harms had put Gomez in a choke maintain, telling a lady current on the time he was “going to choke him until he stopped respiration to show him a lesson.”

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In his movement to dismiss the tried homicide cost, Jacobsma mentioned Plymouth County Legal professional Darin Raymond alleges Harms is responsible of each costs based mostly upon the choking of Gomez. The choking was one steady act, not two separate incidents, Jacobsma mentioned, so one of many two counts have to be dismissed.

Harms advised police Gomez had come into his bed room and punched him a number of occasions, and Harms responded by placing him in a choke maintain along with his legs wrapped round Gomez’ torso. Harms, who advised police he’d been consuming, mentioned he believed Gomez had overdosed on methamphetamine.

The feminine witness advised police Harms grew to become offended and attacked Gomez after Gomez made a remark to him. She mentioned Harms choked Gomez for about three minutes earlier than she was capable of get Harms off of him.

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