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Weekly Case Summary
4/12/2010

On April 12, 2010 John Lewis Arthur Anderson was found guilty at the conclusion of a weeklong trial. Anderson was charged with Robbery in the 1st Degree and Burglary in the 1st Degree for events which occurred on April 26, 2009 at the Econo Lodge Hotel on Merle Hay Road. Anderson and 4 other accomplices entered the room of Wayne and Shane Bellanger, who were in town for the Drake Relays and a car show, armed with a sawed off 20 gauge shot gun with the intent to assault them and steal their money and the car they were taking to the car show. The jury found Anderson guilty as charged and sentencing is scheduled for May 24, 2010 at 8:15 before Judge Joel Novak. Robbery in the 1st Degree and Burglary in the 1st Degree are considered forcible felonies and the defendant shall be required to serve a prison term. On the Robbery 1st charge the defendant shall serve 25 years and will not be eligible for parole until he serves a mandatory 70% of his sentence. On the Burglary 1st charge the defendant shall be required to serve a 25 year prison sentence without any mandatory minimum.

Ryan Williams-Bruce plead guilty to trespass and was ordered to pay a $150.00 fine.

Toni Renee Gandy Fish appeared for a probation revocation hearing in FECR 216536 to answer allegations that she has unpaid restitution due. Her probation was extended for three years and she was ordered to establish a payment plan for amounts due.

On January 8, 2010, Jayme Jo Jeffries, FECR230107, pled guilty to Conspiracy to Deliver a Controlled Substance-marijuana, as alleged in Count I of the Trial Information, in violation of Iowa Code Sections 124.401(1)(d), a Class D Felony. On April 12, 2010, she came before the Court for sentencing and received a 5 year suspended sentence and probation with the applicable $750.00 fine. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Michelle Preston plead guilty to the crime of Conspiracy to Manufacture a Controlled Substance, methamphetamine, a Class C felony, in case number FE234758. She will be sentenced on May 24, 2010 at 9:30 a.m. in courtroom 207. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Paul Hayes was sentenced to prison in Polk County Criminal Number FECR233293 for a period not to exceed 15 years for the crime of Possession of a Controlled Substance with Intent to Deliver, as a Second or Subsequent Offender. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Scott Darr was sentenced to prison in Polk County Criminal Number FECR233918 for a period not to exceed 10 years for the crime of Possession of a Controlled Substance with Intent to Deliver. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Defendant Brandon M. Prince, 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. Prince was sentenced to a period of incarceration 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). The judgment was deferred and the defendant was placed on probation for a period of 5 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Brandon M. Prince was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On February 22, 2010, Defendant Daryl E. Brooks, entered a plea of guilty to the charges of: Count II: Possession of a Controlled Substance With Intent to Deliver as a Habitual Offender, as a lesser included offense, in violation of Iowa Code Section(s) 124.401(1)(c)(6), and 902.8, a Class C Felony, Count III: Failure to Posses a Tax Stamp, in violation of Iowa Code Section(s) 453B.3, and 453B.12, a Class D Felony On April 12, 2010, Defendant Daryl E. Brooks was sentenced to a period of incarceration not to exceed 15 years for the charge of: Count II: Possession of a Controlled Substance With Intent to Deliver as a Habitual Offender, as a lesser included offense, in violation of Iowa Code Section (s) 124.401(1)(c)(8), and 902.8, and sentenced to a period of incarceration not to exceed 5 years for the charge of: Count III: Failure to Possess a Tax Stamp, in violation of Iowa Code Section(s) 453B.3, and 453B.12. These sentences are to run consecutive to one another for a total period of incarceration not to exceed 20 years. The defendant shall be committed to the custody of the Director of the Iowa Department of Corrections. Daryl E. Brooks was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 1, 2010, Defendant Ieesha S. Lynch, entered a plea of guilty to the charges of: Count II: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(c)(8), a Class C Felony, and Count V: 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 April 12, 2010, Defendant Ieesha S. Lynch was sentenced to a period of incarceration not to exceed 10 years for the charge of: Count II: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section (s) 124.401(1)(c)(8), and sentenced to a period of incarceration not to exceed 5 years for the charge of: Count V: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d). The judgment was deferred and the defendant was placed on probation for a period of 5 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Ieesha S. Lynch was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On February 12, 2010, the defendant in this case, Larry Lee Morgan, plead guilty to the amended charge of Burglary in the Third Degree, Count I and Possession Controlled Substance (marijuana) – Count II. Following his plea of not guilty, the defendant asked for immediate sentencing and was sentenced to 2 ½ years in prison. The charges arose on December 15, 2009, when the defendant tried to steal a motor vehicle belonging to David Baker. David Baker had parked his car at the Git n Go located at SE 22nd and Park Avenue. When he realized the defendant was trying to steal his car, David Baker ran to the car and stopped the defendant from getting away with the car. The defendant then fled on foot. He was followed by David Baker and two other witnesses to the theft to an apartment complex nearby. There they were able to point out the defendant to the police, who apprehended him.

4/13/2010

State of Iowa v. Jason Kooker, FECR225273 – Mr. Kooker appeared for a probation violation hearing and stipulated to violating the terms and conditions of his probation. Mr. Kooker’s probation was revoked and he was sentenced on the original charge of Failure to Comply With the Sex Offender Registry – Second Offense. The defendant was sentenced to a period of imprisonment not to exceed five years.

State of Iowa v. Nicholas Stone, FECR225324 – Mr. Stone appeared for a probation violation hearing and stipulated to violating the terms and conditions of his probation. Mr. Stone’s probation was revoked and he was sentenced on the original charge of Theft in the Second Degree. Mr. Stone was sentenced to a period of imprisonment not to exceed five years.

State of Iowa v. Lisa Rimathe, FECR234068 – Ms. Rimathe pled to the amended charge of Theft in the Fifth Degree and took responsibility for writing a check in the amount of $39.92 that she knew would not be paid when presented. Ms. Rimathe was sentenced to two days in jail but will be able to avoid serving any jail sentence if full restitution is paid within 30 days.

State of Iowa v. Christopher Garrett, FECR235463 – Mr. Garrett was arraigned on three counts of Neglect or Abandonment of a Defendant Person and one count of Possession of a Controlled Substance. A pretrial conference was set for April 22, 2010, at 1:30 p.m. in Room 207 and trial was set for May 19, 2010, at 9:00 a.m. in Room 204.

Tammy Hill plead guilty to and was sentenced for Neglect of a Dependent Person. She was ordered to remain in jail pending placement in the Women’s Residential Facility for maximum benefits.

Kary Moorman’s resistance to supplemental restitution was denied.

Robert Kay, Jr. lost his deferred judgment because of violating his probation. He was placed in the Violator’s Program and must remain in jail until a bed is available with that program.

On June 10, 2010, Robert Chestnut, FECR227214, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-marijuana, as alleged in the Trial Information, in violation of Iowa Code Sections 124.401(1)(d), a Class D Felony. On April 13, 2010, he came before the Court for sentencing and received a 5 year suspended sentence and probation with the applicable $750.00 fine. As a condition of probation, the defendant has to successfully complete the Violator’s Program. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Ronald Hester FECR231850 was sentenced to prison for a term not to exceed 20 years, for committing 2 Counts of Sexual Abuse in the Third Degree. He was also sentenced to a Special Sentence committing him into the custody of the Director of the Iowa Department of Correction for the rest of his life, with eligibility for parole. The Court ordered that he have No Contact with the victim and all minor children. The sentencing order specifically finds that this is a “sexually predatory offense…. (and) will be used to enhance any future convictions for any sexually predatory offense.”

James Conway AGCR235007 stipulated to a trial on the Minutes of Testimony for Violation of the Exclusion Zone. Conway has previously been convicted of Lascivious Acts with a Child and 2 Counts of Child Endangerment for sexually abusing two other young children. He was charged with being at the downtown Des Moines Public Library in violation of the Iowa Sex Offender Registry. Conway has two prior convictions for Failure to Register as a Convicted Sex Offender. After reviewing the evidence, the Court found the defendant guilty and sentenced him to prison for a term not to exceed two years.

4/14/2010

Robbi Jay Tull FECR232838 was sentenced to probation for committing Lascivious Acts with a Child and Incest. Victim Impact Statements by two separate victims and a parent were presented at sentencing. They each requested that the defendant be incarcerated. The Court ordered that the two charges run consecutive to each other because of the “nature of the offenses and separate victims.” Tull will be required to register with the Iowa Sex Offender Registry as a convicted sex offender. The defendant was also sentenced to a Special Sentence committing him into the custody of the Director of the Iowa Department of Corrections for the rest of his life, with eligibility for parole. The Court ordered that he have No Contact with the victim and all minor children. The sentencing order specifically finds that this is a “sexually predatory offense.... (and) will be used to enhance any future convictions for any sexually predatory offense.”

4/15/2010

On March 3, 2010, the jury returned a verdict of guilty as to the Defendant Terry Harris of the crimes of Possession of a Controlled Substance with Intent to Deliver-cocaine base crack, as alleged in Count I of the Trial Information, in violation of Iowa Code Sections 124.401(1)( c )(3), a Class C Felony, and Failure to Possess a Tax Stamp, as alleged in Count II of the Trial Information, in violation of Iowa Code Sections 453B.3 and 453B.12, a Class D Felony and Possession of a Controlled Substance-marijuana, as alleged in Count III of the Trail Information, in violation of Iowa Code Section 124.401(5), a Serious Misdemeanor. After the jury verdict, the Defendant stipulated that he was a Second or Subsequent Offender, in violation of Iowa Code Section 124.411, due to a prior felony controlled substance conviction, in Polk County Case number FECR136137. The Defendant further stipulated that he had three prior controlled substance convictions in SRCR065696 and SRCR083877 and FECR136137, all out of Polk County District Court. This stipulation enhances Count III of the Trial Information to a Class D Felony. On April 14, 2010, the Defendant came before the Court for sentencing. The State of Iowa asked for 30 years on Count I with the requirement, he serve the mandatory one third of that sentence before being eligible for parole and 5 years on Count II and Count III for a total period of incarceration not to exceed 40 years. The Defendant asked for a 10 year suspended sentence and probation with all counts running concurrent with each other. The Court sentenced the Defendant to prison for 40 years, with the requirement that the Defendant serve the mandatory one third of Count I before being eligible for parole. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau

Robert Rochat plead guilty to the crime of Conspiracy to Manufacture a Controlled Substance, methamphetamine, a Class C felony, in case number FE234760. He was sentenced to a maximum indeterminate term of ten (10) years and will be required to serve a mandatory one-third term of that sentence prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On February 19, 2010, Defendant Bryan L. Eisenstraut, entered a plea of guilty to the charge of: Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation, or Subterfuge, in violation of Iowa Code Section(s) 124.401(1)(c)(8), 155A.24, and 155A.23, a Class C Felony. On April 15, 2010, Defendant Bryan L. Eisenstraut was sentenced to a period of incarceration not to exceed 10 years for the charge of: Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation or Subterfuge, in violation of Iowa Code Section (s) 124.401(1)(c)(8), 155A.24, and 155A.23. The judgment was deferred and the defendant was placed on probation for a period of 5 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Bryan L. Eisenstraut was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

4/16/2010

Robert Louis Smith, Jr. pled guilty to Fraudulent Practice 2nd Degree on April 15, 2010. He admitted he failed to fully report his income to Iowa Workforce Development when receiving unemployment benefits, thereby receiving benefits to which he was not entitled. He will appear for sentencing in May.

Khristin Erdman appeared for a probation violation hearing on April 16, 2010. She stipulated she violated the terms and conditions of her probation by absconding supervision. She was sentenced to the original terms of incarceration of 15 years for each of two offenses, Burglary 3rd Degree as a habitual offender and Forgery as a habitual offender. She must serve a sentence of 30 years with a minimum term of 3 years each before being eligible for parole in cases FE229558 and FE229981. She must also face her revocation of her parole in an underlying matter. Erdman entered a plea of guilty to the two cases mentioned above and was granted probation on the condition she comply with the Intensive Supervision Drug Court Program.

In FECR 229232, Nicholas King appeared for a probation revocation dispositional hearing. His probation was revoked and his original sentence for a term not to exceed five years in prison was imposed.

Jeffrey Butts was sentenced in Polk County Criminal Number FECR231943 to an indeterminate term of incarceration not to exceed 10 years for the crime of Conspiracy to Manufacture a Controlled Substance amd to an indeterminate term of incarceration not to exceed 5 years for the crime of Burglary in the Third Degree. The Court granted Jeffrey Butts a suspended sentence and placed him on probation for a period of 5 years after he successfully completed the Polk County Jail’s Custodial Drug Treatment Program. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 5, 2010, Defendant Zachary Elam, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver as alleged in Count I of the Trial Information, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. On April 16, 2010, Defendant Zachary Elam was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance With Intent to Deliver as alleged in Count I of the Trial Information, in violation of Iowa Code Section (s) 124.401(1)(d). The judgment was deferred and the defendant was placed on probation for a period of 5 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Zachary Elam was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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