ST. ALBANS — It makes sense someone running from the law might frequent Planet Fitness, though by all accounts there was no running involved when police arrested Michael Noe at the North Main Street fitness center Monday morning.
His case has, however, had a rapid local turnaround, from arrest to a signed extradition waiver in a matter of hours.
The St. Albans Police Dept. reported Tuesday that SAPD officers arrested Noe on an active warrant out of Iowa.
SAPD Cpl. Mark Schwartz’s affidavit tells the story of the situation.
According to Schwartz’s affidavit, he “was passed” a tip in Monday’s early morning hours, around 5 a.m.
The tip claimed Michael T. Noe, a nearly 26-year-old Iowan, “frequents the exercise facility Planet Fitness in the early morning hours,” Schwartz wrote.
The SAPD ran Noe’s identification through the station’s dispatch center to confirm Noe had an active nationwide extraditable arrest warrant.
Furthermore, the SAPD contacted the warrant’s issuing agency, the Scott County Sheriff’s Office (SCSO) in Davenport, Iowa. Schwartz wrote the SCSO confirmed yes, the warrant was valid — and yes, they were willing to extradite.
So Schwartz and “other officers,” unidentified in his affidavit, went to Planet Fitness.
They found Noe in the men’s locker room there. According to Schwartz’s affidavit, Noe verbally identified himself, but also had a State of Iowa identification card on him identifying himself.
“Noe confirmed his identity and also acknowledge[d] his out-of-state warrant,” Schwartz wrote.
Noe faces the following charges back in Iowa: second degree theft, a Class D felony with a maximum sentence of five years’ incarceration, and absence from custody, a misdemeanor with a maximum of two years’ incarceration.
Iowa law describes the latter charge as, basically, escaping from a detention or correctional facility or from an institution to which the Iowa Dept. of Corrections has committed him, or simply fleeing the state to avoid prosecution.
Iowa law describes second degree theft as the theft of property valued between $1,000 and $10,000, or the theft of most motor vehicles.
Schwartz wrote he spoke with a SCSO patrol sergeant, who read from the SCSO’s computer aided dispatch (CAD) system.
The CAD readout clarified that Noe has been convicted of the second degree theft in Iowa and subsequently sentenced. Schwartz’s affidavit does not explain the nature of the charged behavior, or state when Noe was convicted.
However, Schwartz did write that Noe fled a “non-secured residential facility” run by the Iowa Dept. of Corrections on Dec. 2. The District Court of Scott County issued the nationwide arrest warrant the following day, Dec. 3.
Franklin County Judge Robert Mello ordered Noe held without bail. Hours later, Monday afternoon, he was in court here.
The Franklin County State’s Attorney’s Office filed a petition for interstate rendition — that is, a Constitutional clause allowing the extradition of individuals back to the state in which they have been charged with a crime — urging the criminal court here to hold Noe 30 days until his surrender on a Governor’s warrant or a hearing on a motion to extend time, which is exactly how it sounds: a motion allowing the defendant more time to make a decision.
But Noe won’t be spending 30 days behind bars here. He waived the extradition process Monday, according to a signed document included in his case file, acknowledging that he is the charged Michael Noe sought by Iowan authorities, and declaring his willingness to return to Scott County without being under an extradition warrant and without official extradition.
Judge Scot Kline signed the document as well, literally sealing the deal: Noe is going back to Iowa of his own accord.