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Sixty-five defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of April 19 and April 26, 2010.
Fifty-one 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 April 19 and
April 26, 2010 were: Cory L. Gray (.102), Kenneth M. Anderson (.109), David G. Eddleman
(.110), Russell Kennerly (.121), Samantha K. Knoll (.128), Sergio Hernandez (.128),
Cindy J. Michael (.137), Michael Wolf (.137), Mark A. Glienke (.140), Hannalynne
Rice Livingston (.141), Benjamin R. Laswell (.146), Brianna N. Snook (.154), Thomas
J. Valentine (.160), Kimberly Aldrich (.160), William A. Agan (.161), Gabino Cruz-Martinez
(.162), Randy G. Stanley (.164), Amanda L. Moser (.167), Sally C. Williamson (.170),
Heather L. Hill (.173), Rebecca S. Nelson (.173), Courtney J. Quinn (. 179) Anthony
Tracy (.180), Paulo Lorenzo-Cortes (.183), Anthony J. Birchetto (.183), Clark L.
Smith (.185), James Macgregor (.190), Dawn R. Phares (.197), Abundio Rodriguez (REF
& .203) (Rodriguez was convicted of two counts of OWI First and sentenced to 365
days on each count to run consecutively for a total of 730 days in the county jail,
he is also being held on immigration charges for Federal Authorities), Tamara R.
Boelman (.204), Robert J. Davis (.202), Jenna L. Frost (.207), Kelly A. Schnathorst
(.221), Dawn M. Schleis (.223), Tyler Johnson (.235), Stephen P. Van Weelden (.241),
Jeffrey Connor (.254), Michael E. Wright (.263), Steven Hanel (.305), Dorsey D.
Wilson (REF), Donald Hukill (REF), David D. Kutz (REF), Adam P. Grady (REF), Abby
M. Deege (REF), Anna Chesmore (REF), Benjamin T. Feick (REF), Hondo T. Erickson
(REF), Eliza San Elias (REF), Paul Heddinger (REF), Nicholas Beasley (DRE) and Michael
D. Gomez (DRE).
Of those defendants sentenced for OWI first offense this report, twenty-seven 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 .102 and the high test was .305
(FOUR times the legal limit). Two 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 62. The age group 18-25 comprised 36% of those who were sentenced this reporting
period.
Thirteen 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: Samuel L. Hager (.116), Joshua R.
Barrett (.126), Joshua Schwartz (.166), Jeffrey N. Wilson (.169), Douglas W. Morton
(.172), John T. Cooper (.189), Jon D. Sharp (.201), Derek J. McChurch (.210), Khampratana
J. Sithonnorath (.220), Derek Bough (.307), Steven G. Cummings (REF), Matthew W.
Fritz (REF), and Tracy Wayne Martin (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .116 to a high of .307 (almost four
times the legal limit). Two Defendants refused the chemical test. The State of Iowa
has a legislatively set, presumptive level of intoxication of .08. The thirteen
defendants found guilty of OWI Second offense ranged in age from 23 years of age
to 51 years of age with a mean average of 33 years of age at the time of their offense.
Of the sixty-five defendants sentenced for OWI first, second or third offense, fifty-one
tested over .160 (twice the legal limit), refused testing or were arrested for driving
under the influence of drugs other than alcohol.
There was one defendant 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.
Convicted this reporting period was Raymond T. Watson. Watson was sentenced to five
years in prison, fined $3125 and had his privilege to operate revoked for six years.
All or part of his sentence may be served in a community based corrections facility
operated by the Department of Corrections, such as the one located at Fort Des Moines.
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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