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Levin trial to begin Monday in Fort Dodge

Early man accused of killing his mother

June 2, 2013
By PETER KASPARI, pkaspari@messengernews.net , Messenger News

The trial of a man accused of killing his mother in Early is set to begin in Fort Dodge Monday.

Kirk R. Levin, 21, has been charged with first-degree murder in the case.

On Friday, Judge Timothy Finn of the Second Judicial District denied a motion by Levin's attorney, Charles Kenville, to change the location of the trial for the second time.

Kenville filed a motion for a change of venue on May 24, after the trial was moved to Webster County on May 14.

Levin is accused of killing his mother, Marilyn Schmitt, 45, at her Early farmhouse at 2242 Ira Ave. on Jan. 3.

Court documents allege that Levin stabbed and choked Schmitt.

Levin was released from prison on a 2010 burglary conviction 36 hours before the alleged murder.

Investigators found Schmitt's body while looking for information in another crime Levin has been charged with.

He allegedly went to Storm Lake and asked a 21-year-old woman to give him a ride.

She agreed, according to court documents, but at some point Levin allegedly told the woman that she was being kidnapped, and he refused to let her leave the car.

The criminal complaint stated Levin drove the woman to Schmitt's farmhouse before leaving with her again.

She was able to get away and contacted Sac County sheriff's deputies.

Schmitt's body was found during the course of that investigation, in which Levin has been charged with third-degree kidnapping.

He pleaded not guilty to both charges and his trial was originally scheduled for April 10.

After Levin waived his right to a speedy trial in March, the date was moved to Monday.

Sac County Attorney Ben Smith is prosecuting the case.

 
 

 

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