BOONE, Iowa—This week, the Boone County Attorney’s office announced that a 59-year old Boone woman, initially charged in connection with a stabbing death, entered a change of plea in Boone County District Court. According to a release from the Boone County Attorney, on April 12, 2018, Mary Myers of Boone, Iowa, appeared in Boone County District Court and entered pleas of guilty to two C felonies in connection with the death of Joseph Wirth on January 14, 2018. Pursuant to a plea agreement reached between Ms. Myers and the State, Ms. Myers plead guilty to Voluntary Manslaughter, a class C felony, and Willful Injury Causing Serious Injury, a class C felony. Both charges carry a maximum of 10 years in the custody of the Director of the Department of Corrections (prison). The Willful Injury charge includes an enhancement involving a dangerous weapon which carries a minimum prison term of 5 years. Consequently, Ms. Myers faces a minimum of 5 years in prison with a maximum of up to 20 years in prison.
According to the Complaint and Affidavits filed in this case Myers came into the Boone County Sheriff’s Office on January 16, 2018, to report the death of her paramour Joseph Wirth. Myers admitted to stabbing Wirth in their home 2 days prior. The complaint indicates that Ms. Myers failed to provide Joseph Wirth with aid for approximately 48 hours after having stabbed Joseph Wirth multiple times.
During public hearings in the matter, peace officers from the City of Boone and Iowa Division of Criminal Investigations discussed the investigation including an interview with Ms. Myers and the condition of the home. Those witnesses indicated that Ms. Myers gave a lengthy interview with investigators. Ms. Myers asserted that Joseph Wirth has threatened her previously with a knife and that she acted in self-defense. Ms. Myers asserted she only stabbed Joseph Wirth to prevent him from harming her. However, Ms. Myers delayed her report to law enforcement and made efforts to clean up the crime scene. Public filings with the Boone County Clerk of Court indicate that Joseph Wirth has a history of both domestic assaults against Ms. Myers, violations of No Contact Orders, and other convictions involving stabbings.
The filings in the case show that Ms. Myers, through her attorneys, had filed a self-defense claim along with a claim of immunity from prosecution under Iowa Code 704.13. The Immunity claim is part of recently passed legislation. Only two courts throughout the State of Iowa have examined exactly what that immunity entails and how the Court should apply that immunity.
At the plea hearing on April 12, 2018, Ms. Myers acknowledged that she is foregoing those possible defenses by pleading guilty to the two felony charges. Ms. Myers acknowledged that she intentionally stabbed Joseph Wirth at least two times. That she intended to cause Wirth serious injury and that she stabbed Wirth because of a sudden, irresistible, violent passion caused by Wirth’s threat to kill her.
The plea agreement of the parties allows for both sides to argue at the time of sentencing whether the two 10 year sentences should run consecutive to each other or concurrent to each other. Both charges are forcible felonies so a prison sentence is required. Because a dangerous weapon was used in the course of the Willful Injury, there is a mandatory minimum of 5 years. If the charges run consecutive she faces up to 20 years in prison with a minimum of 5 years. Sentencing is scheduled for May 18, 2018, at 9:30 a.m. at the Boone County Courthouse. Joseph Wirth died leaving behind two adult daughters who plan to appear at the sentencing hearing and make victim impact statements.
First Assistant Boone County Attorney, Matt Speers, and Boone County Attorney Daniel Kolacia, prosecuted the cases on behalf of the State of Iowa for the prosecution. Mary Myers was defended by two local attorneys. The Boone Police Department and Iowa Division of Criminal Investigations investigated the case with assistance from the Boone County Sheriff’s Office.
A criminal charge and/or an arrest is not an indication of guilt.