Giannetto

A Marshalltown man claimed he was an “endangered species” during an initial appearance for car theft in Marshall County District Court on Monday.

Because of his claim, Nickolas Scott Giannetto, 26, told Magistrate Merrill Swartz his arrest was unlawful and he should be released on his own recognizance stemming from an incident a few days ago where he stole a vehicle from a Marshalltown auto dealer for the second time in five weeks.

Swartz denied the defendant’s claim to be released.

The defendant threw a rock through a glass door serving as the businesses main entrance causing glass to shatter, resulting in $500 to $1,000 in damage. He then entered the business and took a set of car keys, according to four criminal complaints and affidavits filed in Marshall County District Court. The defendant stole a 2015 Ford Mustang on the sales lot for $19,900. A short time later, the defendant and vehicle were found in the 2300 block of Luray Road in Marshalltown. When authorities arrived, the vehicle was stuck and the defendant was found to have the key fob to the car in his pocket and his cell phone was in the vehicle.

The car was towed back to the auto sales business. Video cameras documented the incidents at the business and where the car was recovered.

Giannetto had been previously charged with auto theft from the same business Dec. 27.

The defendant was charged with theft in the first degree, a Class C felony, burglary in the third degree, a Class D felony, criminal mischief and trespassing.

As a result of the charges, the Marshall County Attorney’s office requested a no contact order be placed against the defendant, meaning he can not contact the business.

The magistrate ordered Giannetto held on $10,000 cash bond. His preliminary hearing is Feb. 14.

On Dec. 27 Giannetto told the business he wanted to test drive a vehicle but was told to return in 10 minutes and not go far, according to a criminal complaint and affidavit. Giannetto drove to Jasper County, crashed and was detained by Jasper County authorities.

He was later charged with first degree theft, a Class C felony.