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Fifty-one Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of October 12 and 19, 2009.
Forty-five 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 October 12 and
19, 2009 were: Rodolfo Barranco (.094), Bryan J. Setlik (.102), Kevin M. Metzger
(.108), Joshua L. Larsen (.109), Kassandra E. Hobbs (.111), Kody W. Whiteley (.117),
Paul D. Lloyd (.122), Seth Fisher (.124), Andrew M. Simko (.129), Eric A. Hand (.129),
Shawn B. McCurtain (.132), Kevin J. Halstead (.136), Danny L. Long, Jr. (.137),
Kristin A. Morris (.140), Mark R. Matteo (.141), Briana V. Vera-Peters (.146), Richard
W. Lankford (.150), Hillary R. Jacobs (.151), Shannon L. Cornett (.151), Edgar Delgado
(.152), Bryan A. Moore (.155), Lehi K. Smith (.159), Shawn Alsager (.160), Rikki
L. Barsetti (.160), Christopher L. Mitchum (.162), Cody J. Harkness (.162), Manuel
Vega-Amaya (.166), Anthony L. Burrows (.170), Mario Hernandez-Gonzalez (.172), Jimmy
L. Gray (.174), Tyler Wilson (DRE), Jennifer Ober (.197), Kara L. Leabhart (.200),
Callie S. Meggers (.207), Ahric Carlson (.231), Denisha Williams (.233), Juan F.
Leiva (. 245), Kerry D. Eubanks (.263), Alexander W. Barrans (REF), Jeffrey Neville
(REF), Kent R. Anderson (REF), Laura Kiefer (REF), Tonya Yetman (REF), Donald D.
Hill, Jr. (DRE), and Sarah A. Cooper (REF).
Of those defendants sentenced for OWI first offense this week, 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 .094 and the high test was .263 (THREEtimes
the legal limit). Two defendants were found guilty and sentenced based upon their
use of drugs other than alcohol.
Five 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 this week were: The defendants sentenced for OWI
second offense this week were: Paul L. Gibson (.128), Brandon D. Thoreson (.170),
Tony D. Henderson (.178), Noah W. Clark (REF), and Daniel M. LeStrange (.137). LeStrange
was sentenced to two years in prison and fined $1875.
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .128 to a high of .178 (TWO times the
legal limit). Three of these defendants refused the chemical test The State of Iowa
has a legislatively set, presumptive level of intoxication of .08.
Of the fifty-one defendants sentenced for OWI first or second offense, twenty-seven
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 report 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 was: Nicholas W. Sherwood. Sherwood was sentenced to five
years in prison, fined $3125 and had his driving privileges revoked for six years.
All or part of his prison sentences may be served in an OWI Correctional Facility
such as the one operated by the Department of Corrections at the Fort Des Moines
facility.
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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