Malik Henderson Plea

E-FILED FECR362735 - 2022 DEC 02 11:28 AM POLK
CLERK OF DISTRICT COURT Page 1 of 3
IN THE IOWA DISTRICT COURT FOR POLK COUNTY

STATE OF IOWA, CRIMINAL NO: FECR362735
Plaintiff,
v. ORDER (PLEA TO PSI ORDER)
MALIK HENDERSON, ☒Defendant in custody.
Defendant.
NOW ON 12/2/2022, the State is represented by Kevin Hathaway and Kristen Formanek. Defendant appears ☒ in person ☐
through counsel. The defendant is represented by Jennifer Larson, on the charge(s) of:
In violation of Iowa Code

Case Number Count Crime
Section(s):
FECR362735 1 Involuntary Manslaughter (Class D Felony) 707.5(1)(a)
FECR362735 2 Reckless Use of a Firearm (Class C Felony) 724.30(1)
FECR362735 3 Felon in Possession of a Firearm (Class D Felony) 724.26(1)
ALL PARAGRAPHS CHECKED BELOW APPLY:
☒ Defendant PLEADS GUILTY to the crime(s) set out above. By direct conversation with the defendant on the record, the court
finds that defendant understands the charge(s), the penal consequences, and the rights being waived. Based upon defendant’s
statements, the prosecutor’s statements and the minutes of testimony as applicable, the court finds that there is a factual basis
for the plea and that the plea is knowing and voluntary. Defendant’s guilty plea is accepted.
☐ ALFORD PLEA. Defendant enters a plea to the crime(s) set out above pursuant to North Carolina v. Alford, 400 U.S. 25
(1970) and State v. Knight, 701 N.W.2d 83 (Iowa 2005). By direct conversation with the defendant on the record, the court
finds that defendant understands the charge(s), the penal consequences, and the rights being waived. The court finds that there
is a factual basis for the plea and that the plea is knowing and voluntary. The Court further finds that the defendant has
acknowledged: 1) that it is in defendant’s best interest to enter this plea, 2) that defendant has nothing to gain at trial and will
gain much more by pleading, 3) that there is strong evidence of actual guilt, and 4) that defendant wishes to take advantage of
the State’s plea offer. Defendant’s plea is accepted.
☒ PRE-SENTENCE INVESTIGATION (PSI) REPORT. Except where the defendant is in custody, defendant is ordered to
call the Department of Correctional Services (DCS), at 242-6602 within two work days to schedule a presentence
investigation (PSI) interview. If the defendant is in custody, he/she shall be retained by the Polk County Sheriff until the Fifth
Judicial Department of Correctional Services has completed the PSI interview. DCS shall submit a PSI report by (at
least three days before sentencing).
☒ SENTENCING IS SET FOR January 13, 2023 at 3:00 p.m. in Courtroom 410, Polk County Criminal Court Building.
Defendant is ordered to appear in person for sentencing.
☒ Defendant is ordered to participate in and cooperate with a VORP session to allow the victim to inform the defendant of the
consequences of the crime, to determine the amount of restitution owed, and to establish a payment schedule. If restitution
cannot be resolved in the VORP session, the County Attorney is ordered to file a statement of damages and the defendant shall
have 30 days from the date of the filing to contest the amount of damages claimed. Defendant shall call 286-3057 within three
(3) working days to make arrangements for this VORP session. (Session required only if victim wishes to participate.)
☒ BOND is continued pending sentencing, or .
☒ Barring any new criminal activity or violation of this order, at sentencing the parties will recommend: Consecutive prison
terms for a period not to exceed 20 years, $150,000 restitution, suspended fines. The State will recommend dismissal of n/a.
On any new criminal charge or violation of this order, established by a preponderance of evidence, the State is not bound by
this agreement.
Page 1 – PCAOWQ 03242020

☒ Defendant is hereby notified that the Court will decide the defendant’s reasonable ability to pay restitution of court appointed
attorney fees at sentencing.
☒ Defendant has a right to contest the guilty plea. To contest the guilty plea, Defendant must file a Motion in Arrest of
Judgment. This motion must be filed within 45 days after the guilty plea but no later than 5 days before sentencing
(whichever occurs first). If Defendant fails to timely file the Motion in Arrest of Judgment, Defendant forever gives
up the right to challenge the plea or to attack the plea on direct appeal to the Iowa Supreme Court.
SO ORDERED.
☒ The Defendant was personally served with a copy of this order.

☐ was personally served with a copy of this order.
☒ In addition to all other persons entitled to a copy of this order, the clerk shall provide a copy to the
following: Felony Criminal Case Coordinator; PCJ
Page 2 – PCAOWQ 03242020

State of Iowa Courts

Case Number Case Title
FECR362735 STATE VS MALIK DANGELO HENDERSON
Type: ORDER TO ACCEPT PLEA
So Ordered
Electronically signed on 2022-12-02 11:28:28

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E-FILED FECR362735 - 2022 DEC 02 11:28 AM POLK

CLERK OF DISTRICT COURT Page 1 of 3

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

In violation of Iowa Code

ALL PARAGRAPHS CHECKED BELOW APPLY:

☒ BOND is continued pending sentencing, or .

Page 1 – PCAOWQ 03242020

☒ The Defendant was personally served with a copy of this order.

Page 2 – PCAOWQ 03242020

State of Iowa Courts

Electronically signed on 2022-12-02 11:28:28

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