Levin trial will be in FD

SAC CITY – The trial of an Early man accused of killing his mother has been moved to Webster County following a request from his defense attorney.

Kirk R. Levin, 21, Early, will stand trial in Fort Dodge starting June 3.

Judge Timothy Finn, of the Second Judicial District, granted the request by Levin’s attorney, Charles Kenville, on Tuesday.

It’s alleged that on Jan. 3, Levin killed his mother, Marilyn Schmitt, 45, at her Early farmhouse at 2242 Ira Ave.

According to court documents, Levin is accused of killing Schmitt by stabbing and choking her.

The alleged crime happened 36 hours after Levin was released from prison on a 2010 burglary conviction for which he had been sentenced to five years.

Schmitt’s body was found after deputies began investigating Levin in connection with another alleged crime.

Levin is accused of going to Storm Lake and asking a 21-year-old woman there to give him a ride. At some point, according to a criminal complaint, Levin told the woman that she was being kidnapped and he refused to let her leave the car.

It’s alleged Levin took the woman to Schmitt’s farmhouse before driving off again with her. She was able to get away from Levin and contacted Sac County sheriff’s deputies.

During the course of that investigation, deputies found Schmitt’s body.

Levin has been charged with third-degree kidnapping in that case.

He pleaded not guilty to both charges and originally had his trial scheduled for April 10. In mid-March, Finn allowed the trial to be moved to June 3 after Levin waived his right to a speedy trial.