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Partly cloudy skies early. Thunderstorms developing late. Low 66F. Winds light and variable. Chance of rain 70%..

Partly cloudy skies early. Thunderstorms developing late. Low 66F. Winds light and variable. Chance of rain 70%.

ADAIR COUNTY — Luis David Penaloza-Garcia, 25, of Omaha was charged with burglary second degree, a class c felony, theft in the second degree, a class d felony, criminal mischief in the fourth degree, a serious misdemeanor for offenses dated June 9 when he attempted to break in to a residence in rural Adair County. He was also charged with theft in the first degree, a class c felony for the theft of a vehicle, and theft in the fifth degree for taking items from a car reported stolen out of omaha that had crashed into a cable barrier on the interstate.

Bail has been set as $70,000 cash only, and Penaloza-Garcia was served with arrest warrants after being released from the Des Moines Hospital, and was in the Adair County Jail.

Criminal complaints were filed June 10 by Adair County Sheriff’s office in three related cases.

A preliminary hearings are set for June 30, after an initial appearance was made June 21.

On June 9, officers responding to a 911 call about a vehicle on the interstate found a blue Kia Forte LX crashed into a cable barrier on Interstate 80 at the 79 and 80 mile markers. The crash had caused an estimated $6,900 in damage to the cable barrier. The vehicle — with a value over $10,000 — had its air bag deployed and was unoccupied. It was reported as stolen out of Omaha on June 9 at approximately 12:37 a.m.

While searching for the driver of the vehicle, officers heard a report of a man who had been shot while trying to break into a residence nearby.

Officer Michael Stofer filed the criminal report and responded to the 911 call about the resident shooting an intruder trying to climb through his window in rural Adair County. He said on arrival he encountered a male with multiple gunshot wounds, who made statements about being from Omaha, and crashing a car on the interstate.

The resident of the home stated that he awoke to a loud banging at his door, and heard breaking glass in his living room. The defendant had thrown two landscaping rocks through the bay window in the living room, and when the victim walked to the end of his hallway and entered the living room, he found the defendant holding a flashlight, coming through the window. The resident fired at the intruder, advanced towards the window again, and fired again. The defendant was found outside the window.

The resident’s Chevy pick up was parked that night in a shed, 20-25 yards from the house, but was found backed up into the driveway of the residence, running, with keys in the ignition.

Stofer said the vehicle, being running and backed into the driveway showed intent by the defendant to take the vehicle from the resident and owner, along with causing property damage to the window.

The defendant had taken items out of the Kia Forte LX valued at less than $350 and was in possession of those items when he attempted to break into the residence in rural Adair County. He had a suspended license at the time of the crash, and left the scene of the property damage accident on Interstate 80.

The residence he was found at was less than two miles from the scene of the crash on the interstate, and it was just a little over an hour after the crash was reported. A bag containing a miniature soy sauce bottle and Pez candy container was taken from the Kia Forte, and found in the Chevy pickup that was found running in the driveway at the residence the defendant was trying to break into.

Email Laura Bacon at lbacon.ant@gmail.com

This story contains original reporting by the Audubon County Advocate Journal staff. If you are not a subscriber, please consider becoming one because local journalism is only possible with your support. A subscription to Audubon County Advocate Journal plays a vital role in making this reporting possible. Thank you for your support and helping us continue to connect our community.

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