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Seventy-three Defendants were sentenced for Operating while under the Influence
(OWI) in Polk County District Courts the weeks of February 22 and March 1, 2010.
Fifty-four of those defendants were sentenced for OWI First Offense. OWI, First
Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in
the County Jail and a maximum fine of $1250. The Court MUST impose
a minimum of two days incarceration and a fine of $1,250, upon conviction. Blood
Alcohol levels are shown below in parentheses. DRE indicates that the conviction
was based upon use of drugs other than alcohol. REF means that the defendant refused
the chemical test. A deferred judgment (non-conviction) is usually available to
those defendants who test below .150 for a first offense.
Those defendants being sentenced for OWI First Offense the weeks of February 22
and March 1, 2010 were: Barbara J. Richardson (.090), Amisadai Salazar (.095), Calvin
C. Culp (.099), Thomas E. Spaulding (.101), Jeremy J. Armstrong (.110), Kelly Clancy
(.117), Randy W. Johnson (.118), Christina D. Reed (.126), Carroll W. Kilgore (.130),
James M. Tappe (.131), Gus F. Cabrera (.133), Jennifer Nordhues (.141), Nile C.
Walters (.141), Joshua L. Pirtle (.149), George E. Sholley, Jr., Nicholas J. Noel
(.153), Nicole R. Brady (.161), Michael D. Swesey (.162), Michelle Baeza (.163),
Aaron Guerrero (.167), Brandon K. Davis (.171), Matthew J. Beedle, Jr. (174), Raymundo
Gonzalez-Santos (.177), Travis E. Frost (.180), Hallie Beckfield (.181), Benjamin
D. Eddleman (.181), Bryan Lee Idso (.182), Korisa R. Struben (.188), Jason D. Anderson
(.196), Meri L. Russell (.197), Kellee C. Ranallo/AKA Byerly (.198), Alfredo Mendez
(.199), Stephanie L. Kramer (.214), Gregory L. Gayman (.215), Linda M. Halliday
(.221), Austin J. Boehm (.224), Rafael E. Vicente (.249), Lindsey K. Weeks (.250),
Juan Orozco-Lopez (.258), Eugene J. Cardamone (.265), Jose Portillo (REF), Tricia
Champ (REF), Michael J. Banning (REF), Jennifer A. Atcheson (REF), Andrew Miller
(REF), Wyatt C. Snyder (REF), Daniel J. Calder (REF), James T. Peterson (REF), Scott
P. Alongi (REF), Sandra E. Quilty (REF), Jacob C. Eggleston (DRE), John Hines (DRE),
Zachary Piper (DRE), and David Smith (DRE).
Of those defendants sentenced for OWI first offense this report, twenty-four had
a test of greater than .160 (twice the legal limit) and ten refused the chemical
test. The low chemical test among this group was .090 and the high test was .265
(THREE and one halftimes the legal limit). Four defendants were
found guilty and sentenced based upon their use of drugs other than alcohol. The
mean average age of these first time offenders was 28 years of age. The youngest
was 18 and the oldest 60. The age group 18-25 comprised 44.4% of those who were
sentenced this reporting period.
Seventeen defendants were sentenced for OWI Second Offense. OWI second offense is
an Aggravated Misdemeanor punishable by up to two years in prison and a fine of
up to $6250. The Court MUST impose a minimum of seven days incarceration
and a minimum fine of $1875 upon conviction of Second Offense OWI. The defendants
sentenced for OWI second offense report were: Jacqueline Twana Pender (.108), Megan
Rogers (.130), Zachary Krantman (.153), Marcelino Shorda-Patino (.155), Tyron Little
(.163), Nicholas A. Logsdon (.174), Rhonda J. Chalus (.195), William Harrison (.196),
Jeffrey K. Hess (.197), Kayla J. Bowser (.203), Taylor James Sax (.217), Scott Williams
(.220), Michael Sparks (.226), Rickie Campbell (REF), Raymond E. Becker (REF), Lewellyn
Hughes (DRE), and Frank Manders (DRE).
Of those defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .108 to a high of .226(Almost THREE
times the legal limit). Two of these defendants refused the chemical test, and two
were sentenced based upon their use of drugs other than alcohol. The State of Iowa
has a legislatively set, presumptive level of intoxication of .08. The seventeen
defendants found guilty of OWI Second offense ranged in age from 20 years of age
to 56 years of age with a mean average of 29 years of age at the time of their offense.
Of the seventy-three defendants sentenced for OWI first, second or third offense,
thirty-two tested over .160 (twice the legal limit), refused testing or were arrested
for driving under the influence of drugs other than alcohol.
There were two defendants sentenced this week for Third Offense OWI. Third Offense
OWI is a Class D felony, punishable by up to five years in prison and by a fine
of up to $7500. The Court MUST sentence a defendant convicted of
Third Offense OWI to a minimum of thirty days in jail and a minimum fine of $3125.
Sentenced this report were: David V. Hansen (.124) and Carmen M. Hiracheta-Winkle
(REF). Hansen and Hiracheta-Winkle were sentenced to five years in prison, fined
$3125 and had their driving privileges revoked for six years. All or part of their
prison sentence may be served in an OWI Correctional Facility such as the one operated
by the Department of Corrections at the Fort Des Moines facility. Hansen was thirty-nine
and Hiracheta-Winkle was thirty-eight at the time of sentencing.
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau
of Polk County Attorney John Sarcone’s Office.
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