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Des Moines, IA 50309
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Weekly Case Summary
3/8/2010

Christopher Martin was sentenced to prison in Polk County Criminal Number FECR231728 for a period not to exceed 25 years for the crime of Conspiracy to Manufacture a Controlled Substance. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 29, 2010, Oswaldo Bustillos, FECR232876, pled guilty to possession of a controlled substance with intent to deliver-marijuana, as alleged in Count II of the Trial Information, in violation of Iowa Code Sections 124.401(1)(d), a class D felony. On March 8, 2010, he appeared before the Court for sentencing. The State of Iowa argued for prison. The Defendant argued for a 5 year suspended sentence and probation. The Court sentenced him to prison for 5 years. The Defendant had an immigration hold on him through the Federal Agency I.C.E. and an outstanding warrant out of Denver, Colorado for 11 counts of sexual abuse. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 29, 2010, Defendant Peggy I. Higginson, entered a plea of guilty to the charges of: Count I: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401 (1)(d), a Class D Felony. On March 8, 2010, Defendant Peggy I. Higginson, was sentenced for a total period not to exceed 5 years for the charges of: Count I: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. The sentence in this case was suspended, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Peggy I. Higginson was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 10, 2009, Defendant Steven M. Freeman, entered a plea of guilty to the charges of: Count I: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401 (1)(d), a Class D Felony. On March 8, 2010, Defendant Steven M. Freeman, was sentenced for a total period not to exceed 5 years for the charges of: Count I: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. The sentence in this case was suspended, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Steven M. Freeman was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 19, 2010, Defendant Kris A. Lake, entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. On March 8, 2010, Defendant Kris A. Lake, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section (s) 124.401(5). The defendant was committed to the custody of the Director of the Iowa Department of Corrections. Kris A. Lake was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 27, 2009, Defendant Douglas A. Bruck, entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. On March 8, 2010, Defendant Douglas A. Bruck, was sentenced for a total period not to exceed 5 years for the charges of: Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. The sentence in this case was suspended, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Douglas A. Bruck was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

3/9/2010

On December 21, 2009, Defendant Armando J. Huizar, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. On March 9, 2010, Defendant Armando J. Huizar, was sentenced for a total period not to exceed 5 years for the charge of Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. The judgment in this case was deferred, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Armando Huizar was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 11, 2009, Defendant John A. Collins, entered a plea of guilty to the charges of: Possession of a Controlled Substance Third Offense as a Habitual Offender, in violation of Iowa Code Section(s) 124.401(5), and 902.8, a Class D Felony. On March 9, 2010, Defendant John A. Collins, was sentenced for a total period not to exceed 15 years for the charge of: Possession of a Controlled Substance Third Offense as a Habitual Offender, a Class D Felony, in violation Iowa Code Section(s) 124.401(5), and 902.8. The sentence in this case was suspended, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. John A. Collins was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

3/10/2010

Steven Gillespie was sentenced to prison in Polk County Criminal Number FECR233752 for a period not to exceed 20 years for the crime of Conspiracy to Manufacture a Controlled Substance, as a Second or Subsequent Offender. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

John W. Smith was sentenced to prison in Polk County Criminal Number FECR233755 for a period not to exceed 20 years for the crime of Conspiracy to Manufacture a Controlled Substance, as a Second or Subsequent Offender. The Court ordered this sentence to be served consecutively to a previously imposed sentence. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Daniel LaBastida was sentenced to prison in Polk County Criminal Number FECR233867 for a period not to exceed 10 years for the crime of Delivery of a Controlled Substance. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 22, 2009, Defendant Kenneth J. Harvey, entered a plea of guilty to the charges of: Count I: Manufacturing a Controlled Substance; and Count III: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), both Class D Felonies. On March 10, 2010, Defendant Kenneth J. Harvey, was sentenced for a total period not to exceed 5 years in Count I, and for a total period not to exceed 5 years in Count III of the Trial Information. These sentences shall run Concurrent to one another. The sentences in this case were suspended, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Kenneth J. Harvey was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Defendant Rene Herrara-Lara entered a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) and State v. Buhr, 243 N.W.2d 546 (Iowa 1976) to the charge of: Count I: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. Herrara-Lara was sentenced to a period of incarceration not to exceed 5 years for the charge of: Count I: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section (s) 124.401(1)(d). The defendant was committed to the custody of the Director of the Iowa Department of Corrections. Rene Herrara-Lara was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Nathan Reiner Smith, FECR233139, pled guilty to possession of a controlled substance with intent to deliver-marijuana, as alleged in Count II of the Trial Information, in violation of Iowa Code Section 124.401(1)(d), a class D felony. The Defendant waived time and notice, the right to file a motion in arrest of judgment and the use of a pre-sentence investigative report and agreed to immediate sentencing. The parties both recommended a deferred judgment and probation. The Defendant had one prior Theft 5th conviction on his record. The Court granted him a deferred judgment and placed him on probation for two years with the applicable $750.00 civil penalty. The remaining counts of the Trial Information were dismissed. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

3/11/2010

Ashley Smith pled guilty in Polk County Criminal Number FECR234361 to the crime of Conspiracy to Manufacture a Controlled Substance. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Michael Allen Young plead guilty to two counts of Burglary in the Third Degree for breaking into two houses on 39th Street in Des Moines, Iowa, on December 21, 2009. His co-defendant, Edgard Ortiz-Ortiz, had previously plead guilty to assisting in those burglaries. Young was sentenced on his new burglary charge. That sentence was ordered to be served concurrently with Possession of Controlled Substance charges in CR220442 and a prior burglary in case number FECR222194. The defendant Young faces a total sentence of 5 years incarceration.

3/12/2010

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