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Eighty-four Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of May 3, May 10 and May 17, 2010.
Fifty-six 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 May 3, May 10,
and May 17, 2010 were: Chhnath Chhvon (.186), Kendall lee Dennis (.216), Nathan
Craig Godsey (.163), Casey John Hedman (.106), Alan Glen Thompson (.202), Kari Paxton
(.166), Daniel James Myers (.167), Ina Louise Boone (.08/DRE), Andrew Belden McBride
(.117), Glenn B. Thornton (.158), Amy Lea Evans (.219), Lucifer Michael Gerstenberger,
Michael D. Damerville, Jr. (.094), Kathryn L. Barnum (.099), Crystal Lawson (.109),
Starla Rasmussen (.124), Tyler Henning (.125), Sung Kim (.137), Keith A. Ingram
(139), Nicole Warren (.140), Michael J. Ladoux (.143), Phayvanh C. Baccam (.152),
Kevin Thompson (.154), Charles L. McGill (.155), Caleb Stockton (.162), David D.
Crandall (.163), Jeffrey A. Cort (.168), Terry L. Cooney (.168), Chance W. Bane
(.170), Lisa Jungling (.171), April Routier (.175), Dusty J. Dickey (.177), Tyler
E. Irving (.179), Charles Russell (.181), Scott P. Schubiger (.187), Alicia Zieser
(.193), John E. Lengeling (.197), Molly Ganem (.200), David J. Palmer (.209), David
C. Constable (.224), Valissa Werner (.228), Roberto Reyes (.233), Alicia Hernandez
(.234), Danny J. Schuler (.234), Allison Schiltz (.238), Danielle G. Gerger (REF),
Caprice Crawford (REF), Reginald F. Douglas (REF), Michelle M. Doeheny (REF), Loya
(REF), Eric J. Tabor (REF), Jeanie A. Jones (REF), Zachary May (DRE), and Stephanie
Young (DRE).
Of those defendants sentenced for OWI first offense this report, thirty had a test
of greater than .160 (twice the legal limit) and seven refused the chemical test.
The low chemical test among this group was .094 and the high test was .238 (THREE
times the legal limit). Three 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 29 years of age. The youngest was 18 and the oldest 64. The age group
18-25 comprised 34% of those who were sentenced this reporting period.
Twenty-four 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: The defendants sentenced for OWI second
offense report were: Seth J. Peterson (.095), Amanda Ramsey (.105), Kendra Moore
(.124), Adam J. Hutt (.142), Deanna M. Burchett (.147), Glenn Hunemiller (.149),
Christopher B. King (.154), Blaine D. Buenger (.166), Brenton J. McClelland (.181),
Colt A. Johnson (.181), Fabian Santos-Garrido (.181), Anthony J. Boyd (.219), Robert
L. Howie (.245), Janet Cooper (.264), Darin J. Taylor (.270Brian G. Werts (.037/DRE),
James Strong (REF) (Strong was convicted of TWO Counts of OWI, Second Offense. He
will serve 20 days in the Polk County Jail and pay a fine of of $1875 on each offense),
Cyril R. Montgomery (REF), Susan Bergdorf (REF), Tyler Robert Carroll (REF), Chad
A. Barrett (REF), Steven Bruce DeVries (REF), (DeVries was sentenced to TWO years
in Prison), Kristen N. Ragan (REF), and James A. Edwards (Edwards was sentenced
to FOUR years in Prison. He also was sentenced for Driving While Barred) (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .095 to a high of .270 (over three times
the legal limit). Eight of these defendants refused the chemical test, and one was
sentenced based upon his use of drugs other than alcohol. The State of Iowa has
a legislatively set, presumptive level of intoxication of .08. The twenty four defendants
found guilty of OWI Second offense ranged in age from 21 years of age to 49 years
of age with a mean average of 30 years of age at the time of their offense.
Of the eighty-four defendants sentenced for OWI first, second or third offense,
sixty-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 five 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 Martinez Marin (REF), Charles Shapp (.263), Antionee
C. Butts, Sr. (REF), Jason Skott Hughes (.154), and Gaston Keahna (DRE). All but
Antionee Butts 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. Butts was granted probation, must
serve 30 days in jail and was fined $3125. He will be on probation for five years
and must wear an alcohol monitoring device until his Probation Officer determines
it should be discontinued.
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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