Waterville man sentenced to 45 years on charges of domestic, sexual assault and sex offender registry violations

Felty Ervin Yoder, age 22, of Waterville has been sentenced to a maximum of 45 years in prison on a total of 10 counts of criminal activity regarding incidents that had taken place over the past two years, mainly against his wife. That sentence was handed down in Allamakee County District Court in Waukon Monday, February 13, according to documents filed in the case.

A jury of Allamakee County residents returned guilty verdicts against Yoder on all 10 counts of that criminal activity following a brief trial in mid-December of 2022. The jury found him guilty on four counts of Sexual Abuse Assault in the Third Degree (Class C Felony), five counts of Iowa Sex Offender Registry Violations as a Second Offense (Class D Felony), and one count of Domestic Abuse Assault as a Third Offense (Class D Felony).

On the four counts of Sexual Abuse Assault in the Third Degree, Yoder was sentenced to a maximum of 10 years in prison for each count, in addition to being fined $1,370 and surcharges. On the five counts of Iowa Sex Offender Registry Violations as a Second Offense, he was sentenced to a maximum of five years in prison for each count, as well as being fined $1,025 plus surcharges. He was also sentenced to five years in prison and fined $1,025 and surcharges on the one count of Domestic Abuse Assault as a Third Offense, of which he is mandated to serve at least three years. Yoder was given credit for time served since his August 2022 arrest in the overall case.

With the exception of the $1,025 fine and surcharges for the one count of Domestic Abuse Assault Third Offense, court documents indicate all other fines and surcharges levied in the sentencing were suspended. Those documents also note that Yoder was ordered to pay his victim pecuniary damages in an amount to be determined by court officials at a later date.

Within those prison terms, two of the five five-year terms for Iowa Sex Offender Registry Violations as a Second Offense are to be served consecutively (one right after the other), along with three of the four 10-year terms for Sexual Abuse Assault in the Third Degree and the one five-year term for Domestic Abuse Assault as a Third Offense, with all of those consecutive terms adding up to a maximum of 45 years in prison. The other 10-year term for Sexual Abuse Assault in the Third Degree and the three other five-year terms for Iowa Sex Offender Registry Violations as a Second Offense will all be served concurrently (at the same time) with those consecutive sentences and each other.

Court documents indicate that Yoder could be eligible for parole or time credited for good behavior while incarcerated, with that decision up to the State of Iowa Board of Parole based on the idea that “the defendant can conform to lawful restrictions, be self-supporting, and be a contributing member to society,” according to legal references cited in filed court documents in the case. Regardless of that parole, early release or serving the entire sentence, court documents also note that Yoder will remain under some degree of supervision by the Iowa Department of Corrections for the remainder of his life, according to Iowa Code Chapter 903B.1.

Yoder is also prohibited from possessing or obtaining a firearm, and he is also prevented from having any contact with his wife, the victim in the case, for at least the next five years. He was also ordered to complete the Iowa Domestic Abuse Program and shall submit a physical specimen of his DNA to be kept on file, also according to Iowa Code mandates.

Court documents further note that the reasons for the sentencing in this case are “to protect society and rehabilitate the defendant based on the nature of the offense, defendant’s prior record, and the recommendation of the parties and for the reasons stated in the presentence investigation report,” which was conducted following Yoder’s conviction in December of last year. Allamakee County Assistant Attorney Jill Kistler, who brought the case to trial, said the focus of the presentence investigation report was the determination of Yoder’s risk of re-offending, which she noted was determined to be a high risk based on his past history and the multiple times the offenses were committed.

Earlier court documents filed when the case first came to existence explain that the Fayette County Sheriff’s Office initially contacted the Allamakee County Sheriff’s Office July 25 of last year regarding an assault that had allegedly taken place in Allamakee County July 21 where Yoder reportedly struck his wife in the face with an open hand at their residence in Waterville. After Allamakee County officials were able to make contact with Yoder’s wife, court documents say she provided a full statement on the July 21 incident, noting that the blow caused her to “see stars before losing consciousness for a bit,” and was reportedly in response to her husband finding out she was smoking cigarettes.

Also during the statement process, court documents say Yoder’s wife explained to officials that since December 2020 he reportedly forced her to have sexual intercourse against her will on multiple occasions. Further investigation into that allegation, including applying for several search warrants, resulted in the discovery of email and several social media accounts set up by Yoder that were all in violation of Iowa Sex Offender Registry regulations because they had not been registered with the proper authorities within five days of being set up.

An arrest warrant had previously been issued by Fayette County against Yoder June 2, 2020 for a first offense Sex Offender Registry Violation after he failed to notify the Fayette County Sheriff’s Office of his change in residency. Yoder had previously pleaded guilty in Fayette County to three counts of Invasion of Privacy-Nudity in conjunction with a September 2019 Domestic Abuse case. He was arrested by Fayette County authorities in late September 2019 after he had been accused of placing a trail camera in a residential bathroom without the knowledge of occupants of the residence.

He was placed on the Iowa Sex Offender Registry following his guilty plea in that incident. The discovery of the email and social media accounts in the most recent investigation resulted in the five counts of Failure to Comply with Sex Offender Registry Requirements that he was found guilty of by the Allamakee County jury in that December 2022 trial and sentenced for February 13.

Upon completion of his February 13 sentencing hearing, Yoder was released to the Fayette County Sheriff’s Department on an outstanding arrest warrant for violation of his probation in the above-described Fayette County case. He is scheduled for a probation revocation hearing Monday, February 27 in Fayette County, after which he will be transported to the Iowa Medical and Classification Center in Oakdale to begin serving his 45-year sentence in the Allamakee County case.

According to court documents, Yoder has the right to appeal the sentencing. He must file such a motion within 30 days of his February 13 sentencing hearing.