Garwin woman arrested, charged with multiple felonies after allegedly bringing loaded gun onto school grounds
GARWIN — A Garwin woman is facing multiple charges after allegedly bringing a loaded weapon onto the grounds of the GMG Secondary School building.
On Friday, Sept. 27, Ashley Nichole Marie Bazan, 33, of Garwin was arrested on a warrant by the Tama County Sheriff’s Department on a slew of charges including one count of making firearms available to a minor, two counts of felon in control of a firearm, and one count of carrying weapons on school grounds — all Class D felonies. She was also charged with two counts of child endangerment, an aggravated misdemeanor.
Charges stem from several incidents that occurred on Sunday, Sept. 21, and Monday, Sept. 23.
According to court documents, on Sept. 21, Bazan left the two minor victims in the case — a 13-year-old and a three-year-old — unsupervised for approximately four hours at her Center Street residence. The two were the only individuals present in the home. During that time, the older victim retrieved a Sig Sauer P227 (pistol) from the top of a hutch and took a photo of it.
Per the criminal complaint, the photo was sent to another juvenile as a ‘show of self defense.’ The firearm in the photograph — which Bazan allegedly later identified as her own — had no trigger lock nor safety mechanism.
“It is apparent from the photo,” the investigating deputy wrote, “that the firearm is loaded.”
The minor victim admitted to the deputy that they took the photo while Bazan was gone.
Two days later, on Sept. 23, Bazan is alleged to have called Gabriel Allen Alvarez – a convicted felon who was the only adult at her Garwin residence at the time of the call – and asked him to relocate the same loaded pistol from one area of the residence to an upstairs bedroom closet. At the time, Alvarez was babysitting the younger minor victim in the case.
Also on Sept. 23 – between 1:45 p.m. and 2:15 p.m. when classes at GMG were in session – a Tama County deputy seized a loaded Taurus .357 revolver from Bazan’s white Chevrolet Silverado, which was parked along the east side of the school grounds on Fourth Street. According to the criminal complaint, the revolver “had been left lying in plain view on the dashboard” of Bazan’s vehicle.
A warrant for Bazan’s arrest was issued on Sept. 25 with bond set at $5,000 cash; she was arrested on Friday, Sept. 27, and bonded out that same day after making an initial appearance in custody in Tama County District Court.
At the time of Bazan’s arrest, a temporary no contact order of protection was issued for the two minor victims in the case. That same day, Bazan’s attorney, Laura A. Eilers of Marshalltown, filed a motion to modify the order of protection stating that her client had been the “primary caretaker for the children their entire lives” and Bazan has “limited support within the immediate community” due to her spouse working primarily outside the state of Iowa.
Eilers also stated there is “no evidence any child was otherwise physically harmed or injured” by Bazan and as such, under these circumstances, she “does not present any imminent danger” to the minor victims.
In her filing, Eilers also noted that Bazan holds a validly issued permit to carry and that all her firearms and ammunition were seized by law enforcement during the execution of the search warrant in the case.
The order for protection was subsequently amended on Sept. 30 to allow a level of contact with the minor victims.
Bazan’s arraignment has been set for Oct. 31 at 9 a.m.
Firearms on school grounds
According to the Giffords Law Center, the state of Iowa prohibits anyone from carrying, going armed with, or transporting a firearm – concealed or not – on both public and non-public school grounds. But there are exceptions including any person who has been specifically authorized by the school to possess firearms on school grounds for a lawful purpose; federal and state law enforcement officers, correctional officers, members of the armed forces, and bail enforcement agents if they meet criteria outlined in Iowa Code and are carrying in connection with official duties; and persons who – for a lawful purpose – carry in their vehicle an unloaded firearm secured inside a container or wrapped package that is too large to be concealed on the person.
The newspaper reached out to both GMG Superintendent Chris Petersen and secondary principal Clyde Tarrence for comment. On Tuesday afternoon, Petersen, in an email response, said Bazan was on school premises as a parent when the incident in question occurred.
“No students were in danger as the weapon was secured in a vehicle,” Petersen said. “Law enforcement handled the entire situation and investigation.”
He added that the district’s procedure when a weapon – loaded or otherwise – is known to be on school grounds or is located on school grounds is to inform law enforcement and work under their guidance.
According to the district’s certified staff handbook, “The district is committed to maintaining a safe and secure learning environment for students and staff. … Employees should contact the superintendent to report any security/safety hazard(s) or condition(s) they identify.”
In the elementary student handbook – the current edition of the secondary building handbook did not appear to be available online – weapons are addressed.
“The district believes weapons and other dangerous objects in school district facilities cause material and substantial disruption to the school environment,” the handbook states. “It presents a threat to the health and safety of students, employees, and visitors on the school district premises or property within the jurisdiction of the school district.
School district facilities are not an appropriate place for weapons or dangerous objects. Weapons and other dangerous objects shall be taken from students and others who bring them onto the school district property or property within the jurisdiction of the school district.”