McIntosh to spend 30 days in jail: Attorney will appeal

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Posted: Thursday, November 7, 2019 4:31 pm

An internal investigation that began in early May 2019 against former North Sioux City Police Officer Derek McIntosh for the killing of two cats ended with his sentencing Nov. 1.

At trial Oct. 13, Honorable Judge Kasey Sorensen had acquited McIntosh on one charge – Falsification of Public Records by Public Officer. After deliberating just over three hours, a 12-member jury found McIntosh not guilty on two charges of False Reporting to Authorities, but guilty on two others – Animal of Another - Kill or Injure, and Neglect of Duty or Misconduct by Municipal Officer.

At his sentencing, Sorensen first dealt with a motion from McIntosh’s attorney, R. Scott Rhinehart, requesting a new trial or arrest of judgment, alleging the jury was coerced into giving a verdict. Jury selection began at 9 a.m. and the verdicts were returned at 9:15 p.m. The defense motion alleges the jurors had a long day and did not have enough to eat. Sorensen took issue with that, however, because when testimony ended at 6 p.m., the jurors themselves had asked to continue so they did not have to come back either the next day, Saturday, or the following Monday. They were served pizza for lunch and at the end of the day, there were still some slices remaining in the jury room. Sorensen denied the motion.

See full story in this week’s Dakota Dunes / North Sioux City Times and Leader-Courier.