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Fifty-eight Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of March 8 and March 15, 2010.
Forty 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 March 8 and
March 15, 2010 were: Anthony Kemp (.091), David A. Barker (.092), Ryan T. Mulhern
(.095), Jeremy D. Nobiling (.097), Stephan C. Lau, Jr. (.102), Marvin E. Moore (.112),
Vienguilay Saengchanpheng (.114), Tracy L. Vanzante (.117), Joshua T. Pratt (.122),
John G. Koester (.124), Adam Peterson (.125), Lucia Colin (.129), Tanner L. Woody
(.131), Manuel Romero (.134), Shawn Beeman (.138), Adan Aguilera-Martinez (.142),
Edgar N. Paute (.144), Frederick Tweh (.146), Jacqueline A. Green (.157), Orbie
Boggs, III (.161), Jennifer R. Tipton (.161), Jeffery M. Wilkerson (.164), Melinda
K. Penman (.177), Randall E. Boyd (.180), Calvin A. Parks (.199), Kyle R. Riley
(.200), Kelsey Adcock (.200), Haley Boattenhamer (.218), Larry D. Green (.225),
Tyler L. Gerard (.228), William L. Courtney, Jr. (.253), Timothy F. Rutz (.260),
Lena R. Corson (.268), Robert Dalton (.280), Tessa S. Wubben (REF), Stephanie M.
Chia (REF), Kenneth R. Sims (REF), Kassandra K. Gearhart (REF), Shellie Skjordal
(REF), and Erica M. Clementz (REF).
Of those defendants sentenced for OWI first offense this report, fifteen had a test
of greater than .160 (twice the legal limit) and six refused the chemical test.
The low chemical test among this group was .090 and the high test was .280 (THREE
and one half times the legal limit). The mean average age of these
first time offenders was 26 years of age. The youngest was 18 and the oldest 66.
The age group 18-25 comprised 48% of those who were sentenced this reporting period.
Fifteen 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: Samir Sehic (.094), Carl Henry Meyer
(.125), Matthew J. Milliken (.150), Xiong K. Vang (.177), Daniel Brown (.178), Katrina
M. Bogler (.184), Benjamin R. Searl (.186), Walter Barrios-Cruz (.199)Bryan J. Rus
(.213), Cynthia L. Jochims (.219), Jesse Lee Hernandez (.220), Evan Loeffler (.256),
Amber Hewitt (.301), Jose M. Perez (REF), and Arnulfo Torres-Arias (REF).
Of those defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .094 to a high of .301 (three and one half
times the legal limit). Three of these defendants refused the chemical test. Two
of these defendants refused the chemical test. The State of Iowa has a legislatively
set, presumptive level of intoxication of .08. The fifteen defendants found guilty
of OWI Second offense ranged in age from 19 years of age to 51 years of age with
a mean average of 27 years of age at the time of their offense. 26% of these offenders
were under the age of 25.
Of the fifty-eight defendants sentenced for OWI first, second or third offense,
thirty-six tested over .160 (twice the legal limit), refused testing or were arrested
for driving under the influence of drugs other than alcohol.
There were three 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: Jason T. Overton (.160), Lorraine C. Asberry (.211),
and Anthony McGilvrey (REF). Overton and Asberry 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.
McGilvrey was given a five year sentence, all but 132 days of the sentence were
suspended and he was placed on probation for up to five years. McGilvrey was fined
$3125 and had his privilege to drive revoked for six years. The mean average age
of these offenders was 35 years of age.
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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