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Sixty-Three Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the weeks of June 16 and June 23, 2008.
The week of June 16, 2008 was a shortened week for Court activity because of Judge’s conference that week. For purposes of reporting, the weeks of June 16 and June 23 are combined in this report.
Forty-seven 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.
Those defendants being sentenced for OWI First Offense the weeks of June 16 and June 23, 2008 were: Jon Leslie Grueneveld, Cody Daugherty, Valerie Grace Fox A/K/A Heffeman, Charles David Evans, Michelle Marie Wilder, Choyce Lashay Rochon, Brian Allen Weber, Daniel James Blacksmith, Barbara Kasting, Benton John Zachrich, Thomas Robert Penisten, Brian Frederick Anderson, Mandy Renee Crabbs, Kristine R. Brankis, Melissa Dawn Torrey, Brandon Lynn Hedstrand, Daniel Joseph Halterman, Thomas Andrew Jessen, Leon Terrell Jones (Jones was also convicted of Possession of a Controlled Substance Marijuana and was sentenced to serve 10 days in jail and be on probation for one year), Carrie Marie Petrie, Jennifer Lynn Coffin, Dale Lee Miller, Yohnce Dwayne Clay, Dennis James Slavin, Wesley Adam Keltner, Anthony Bartholomew Harvey, Matthew James Milliken, Alicia L. Bohemann, Michelle Marie Waterson, Larry Jason Brann, Mickey Ray Mulley, Jr., Sean Gabriel Hosting, Diane L. Baze, Roger Emile Quast, Jennifer Mok, Ivan Sanchez Aguilar, Shane Anthony Morgan, Megan Kathleen Osweiler, Amanda Lynn Daum, Hollie Ann Hoffman, Molly Marie Gustafson, Mark Edward Warner, Ryan Askelson, Jennifer Leigh Schaffnit, Matthew Satalino, Larry Alvin Davis
and Alex Leroy Alvarez-White.
Of those defendants sentenced for OWI first offense this week sixteen had a test of greater than .160 (twice the legal limit) and six refused the chemical test. Two defendants were found guilty of OWI first offense based upon their use of drugs other than alcohol. The low chemical test among this group was .100 and the high test was .272 (over THREE times the legal limit).
Fourteen 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 $5,000. 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: Andrew Miguel Tomes, Ramona Elena Rocha, Emily Nicole Meeks, Kyle Robert Landsberger, Brian Krumm, Lance M. Diehl, David George Carroll, Donna Gaddy (Gaddy was also convicted of the crime of leaving the scene of a personal injury accident. She was sentenced t serve 60 days in the Polk County Jail and ordered to be on probation for one year), Delbert Kirchbaum (Kirchbaum was sentenced to prison for a two year period and fined $3150), Colleen Marie Lydon, John Henry Dolezal, III, Derek Wade Rossow, Aaron Leon Stidfole, Antonio Richter,
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 .271.Four of these defendants refused the chemical test and one defendant was found guilty and sentenced based upon his use of drugs other than alcohol. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the sixty-one defendants sentenced for OWI first or second offense, thirty-three tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There were two 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 week for OWI third Offense were: Gerald L. Schirman and Flynn Wrenn. Schirman was sentenced to five years in prison and fined $3150. His sentence was suspended except for 30 days which will be served in the Polk County Jail. Schirman’s license to drive was revoked for a period of six years. Also sentenced for OWI Third Offense was Flynn Wren. Wren was sentenced to five years in prison, fined $3125 and had his license to drive revoked for six years. Wren may serve all or part of his sentence in an OWI facility operated by the Iowa Department of Corrections, such as the facility located on the grounds 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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