Maryann Gatewood was sentenced for the crime of Conspiracy to Deliver a Controlled Substance, a Class C felony, in case number FE233284. She was sentenced to a maximum indeterminate term of ten (10) years with a mandatory one-third term which she must serve prior to becoming eligible for parole, but this sentence was suspended and she was placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On July 12, 2010 Austin Reed pled guilty and was sentenced for Child Endangerment. The defendant was placed on probation and ordered to continue with random drug testing and successfully complete any programming recommended by his probation officer.

On July 12, 2010, a Polk County jury returned a verdict of guilty on five counts of Theft in the First Degree against defendant Christopher Moritz. Mr. Moritz was convicted for his role in the possession of four vehicles stolen from Texas. He was also in possession of a prototype gas scrubber used in the natural gas industry and also stolen from Texas. Mr. Moritz will be sentenced on August 14, 2010. The case was tried by Drake law students and Polk County interns Kevin Bell and Peter Blink.

On May 12, 2010, Defendant James L. Vivian IV., 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, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). On July 12, 2010, Defendant James L. Vivian IV 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, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). The sentence in this matter was deferred and the defendant was placed on probation for a period of 2 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. James L. Vivian IV., was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 24, 2010, Defendant Russell K. Jackson, entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(5). On July 12, 2010, Defendant Russell K. Jackson, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance Third Offense as alleged in the Trial Information, a Class D Felony, 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. Russell K. Jackson, was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On July 13, 2010, Elizabeth Ellis-Arthur pled guilty to Harassment in the 3rd Degree. She was granted a deferred judgment and probation. As a condition of probation, the defendant is ordered to successfully complete all recommended treatment and any other programming. She is further ordered to comply with a No Contact Order.

On July 13, 2010, Walter Cortez, Jr. plead guilty to the crimes of Possession of a Controlled Substance With Intent to Deliver, cocaine base “crack” and marijuana, a Class C and Class D felony, in case number FE236317. He will be sentenced on August 26, 2010 at 10:00 a.m. and faces a maximum indeterminate term of ten years and five years in prison. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On July 13, 2010, James Shadden was sentenced to prison in Polk County Criminal Number FECR227248 for a period not to exceed 5 years for the crime of Possession of a Controlled Substance with Intent to Deliver - Marijuana. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On July 13, 2010, a Polk County Jury found William A, Pargo guilty in Polk County Criminal Number FECR235500 of the crimes of Possession of a Controlled Substance with Intent to Deliver (Cocaine Base Crack) while in Immediate Possession or Control of a Firearm, Failure to Possess a Tax Stamp, and Possession, Receipt, Transportation, or Dominion and Control over a Firearm by a Convicted Felon. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Nancy Lynn Robertson was granted a Deferred Judgment in SR237137 and SM312782 on the charges of Livestock Neglect Resulting in Death, a serious misdemeanor; Failure to Properly Dispose of Deceased Animal Remains and Animal Neglect, simple misdemeanors. The Court ordered her to two (2) years of probation. She is required to complete 50 hours of community service work within 6 months and the Court recommended those hours be performed at the Animal Rescue League. She will be required to meet with the Animal Rescue League of Iowa in a Victim Offender Reconciliation meeting and must pay restitution. She is also required to undergo a psychological assessment and follow any treatment recommendations. The Court imposed the minimum civil penalty. In April, 2010, Polk County Sheriff was called to Robertson’s rural Polk County property on a report of a dead horse. Upon arrival, offices found 6 severely malnourished and neglected horses and two deceased horses. The Animal Rescue League is charged with the responsibility or removing and caring for the animals. A mare was pregnant and in dire straits. ARL did rehabilitate all 6 horses and helped the mare successfully deliver a healthy foal. The animals are still being cared for by ARL pending placement or adoption.

On July 14, 2010, Luis Silva-Flores pled guilty and was sentenced to prison for Sexual Abuse in the 3rd Degree and Burglary in the 1st Degree. His prison sentence was for a term not to exceed 25 years. While in prison, he will be required to undergo Sex Offender Treatment Program. The defendant 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, her mother, and her brother. The sentencing order specifically stated that this is a “sexually predatory offense…. (and) will be used to enhance any future convictions for any sexually predatory offense.”

On July 15, 2010, Paul Tulk, Jr. was sentenced to prison in Polk County Criminal Number FECR236443 for a period not to exceed 15 years for the crime of Possession of a Controlled Substance with Intent to Deliver (Methamphetamine) as a Second or Subsquent Offender, for a period not to exceed 5 years for the crime of Failure to Possess a Tax Stamp, and for a period not to exceed 5 years for the crime of Possession of a Controlled Substance (Third Offense). The Court ordered the sentences to be served consecutively for a total term of imprisonment not to exceed 25 years. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Ronald Davis Pled guilty in FE235504 to Fraudulent Practice 1st Degree for failed to file and remit sales tax. He admitted in his business he did assess and collect sales tax on sales of his product; he did not then remit the money, nearly $70,000, to the State for a period of 4 years. Sentencing was set for August 30, 2010.

Arthur Tyrone Lee, Jr. pled guilty to Possession of a Controlled Substance and a Third or Subsequent Offender on SR219188. He also stipulated he violated the terms and conditions of his probation in FE212681. He was sentenced to a total period of incarceration not to exceed twenty (20) years.

State of Iowa v. Krista Kirkland – FECR229841 – A pretrial conference was held in this case and a plea offer made to the defendant. Trial was set on October 4, 2010, at 9:00 a.m. and a status conference was scheduled for September 9, 2010, at 9:00 a.m. in Room 204.

State of Iowa v. James Bennett – FECR234499 – The defendant pled guilty to Forgery, an aggravated misdemeanor, for his participation in attempting to use a stolen credit card for merchandise. The defendant was sentenced to a two year term of incarceration, taken immediately into custody, and transported to the Iowa Department of Corrections.

State of Iowa v. Michael Murray – FECR34005 – The defendant pled guilty to Theft in the Second Degree as a lesser included offense of the Trial Information. The defendant acknowledged and admitted taking money from his employer Trails End Auto Salvage in October 2009. Sentencing was set for August 26, 2010, at 9:45 a.m. in Room 204.

State of Iowa v. Arthur Smith, Jr. – FECR218142 – A disposition hearing regarding the defendant’s probation was held in which the defendant stipulated and agreed to revocation of his previously imposed probation. The original sentencing order entered on April 24, 2010, sentencing the defendant to a term of incarceration not to exceed ten years was imposed and the defendant was taken immediately into custody of the Iowa Department of Corrections. Pursuant to that disposition agreement FECR237767 was dismissed.

On March 23, 2010 Sergio Salas Morales, FECR234334, pled guilty to Possession of a Controlled Substance with Intent to Deliver-methamphetamine, as a lesser included offense of Count I of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony. On July 16, 2010, he came before the Court for sentencing. Both parties were recommending that he be incarcerated for 10 years. The Court sentenced him to prison for 10 years with the requirement that he serve a mandatory 1/3 of the sentence before being eligible for parole. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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