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Weekly Case Summary
1/25/2010

On January 25, 2010 Angela Arellano plead guilty to one count of Homicide by Vehicle, a Class B Felony and one count of Leaving the Scene of an Accident Resulting in Bodily Injury – Failure to Render, a serious misdemeanor. She was sentenced to 25 years in prison. On September 26, 2009, Arellano drove her motor vehicle while intoxicated and struck two pedestrians, killing one of them and injuring the other. Arellano left the scene without stopping.

Brian and Kerrie Williams were sentenced after pleading guilty to Theft in the First Degree in Polk County Criminal Case numbers FECR229675 and FECR229673. The defendants (who are husband and wife) stole approximately $170,000 from Brian William’s elderly and ailing grandmother. As a result of their crimes, the grandmother was forced to go on public assistance for her nursing home care. At the time of sentencing, both defendants requested deferred judgments, claiming they were young and that they had initially only wanted to care for the grandmother before things got out of hand. However, the Court rejected their requests as both defendants were in their late twenties when the crime occurred and for the fact they had stolen $25,000 prior to them starting to care for the grandmother. Both defendants were sentenced to ten years in prison, their sentences were suspended and they were placed on probation for two years.

Judge Darrell Goodhue accepted a guilty plea from Robert Seeman Jr. on the charge of Theft in the Second Degree. Sentencing was set for March 16, 2010.

Greg Crowley pled guilty and was sentenced for the crime of Failure to Comply With Sex Offender Registry-2nd Offense, in violation of Iowa Code Section 692A.7, a Class D Felony. Crowley received a suspended sentence and probation. He will be on probation for a minimum of two years. As a condition of probation Crowely will be required to comply with registry requirements. Crowley shall be required to complete 100 hours of community service in lieu of a fine.

John McFadden was sentenced to prison in Polk County Criminal Number FECR230372 for a period not to exceed 5 years for the crime of Possession of a Controlled Substance (Third Offense). The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Dora Hinojosa Harvey was sentenced to prison in Polk County Criminal Number FECR232974 for a period not to exceed 35 years for the crime of Conspiracy to Deliver a Controlled Substance - Methamphetamine, as a Second or Subsequent Offender. The Court ordered the sentence to be served consecutively to the defendant’s outstanding parole. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Gustavo Morales pled guilty to two misdemeanors as part of a plea agreement in FE231442. Morales was involved in an altercation with several friends who used force to take a dog from a house they were passing. Morales was originally charged with Robbery 2nd Degree, but pled guilty to Attempted Burglary 3rd Degree, an aggravated misdemeanor and Theft 5th Degree, a simple misdemeanor. He was sentenced to 30 days for the theft and given credit for time served. He was granted a suspended 2 year sentence for the burglary charge and placed on probation. He is required to make restitution, meet with the victim and owners of the dog if he so desires, obtain a substance abuse evaluation and comply with any recommended treatment, provide UA's as requested, not associate with or affiliate himself with any gang or gang activity and have not contact with the victim nor go near the victim residence.

Tarayia Brooks entered a plea of guilty to Theft 3rd Degree in FE224264 for taking a property from a retail store. She entered into a plea agreement on several cases, including FE232704 in which she pled guilty to Prevening Apprehension or Obstructing Prosecution and was placed on probation. She is required to complete 112 hours of community service, complete 2 years of supervision and make restitution. Theft 5th and and an assault charge were dismissed.

1/26/2010

Ronald Winget was sentenced in Polk County Criminal Number FECR231178 to an indeterminate term of incarceration not to exceed 10 years for the crime of Conspiracy to Manufacture a Controlled Substance – Methamphetamine and to an indeterminate term of incarceration not to exceed 5 years for the crime of Possession of Ephedrine or Pseudoepherdrine with Intent it be Used to Manufacture a Controlled Substance. The Court granted Ronald Winget a suspended sentence and placed him on probation for a period of 5 years. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 8, 2009, Defendant Michael Eugene Fulkerson entered a plea of guilty to the charge of: Possession of a Controlled Substance with Intent to Deliver as a Second and Subsequent Offender, in violation of Iowa Code Section(s) 124.401(1)(d), and 124.411, a Class D Felony. On January 26, 2010, Defendant Michael Eugene Fulkerson was sentenced to a period of incarceration not to exceed 10 years for the charge Possession of a Controlled Substance with Intent to Deliver as a Second and Subsequent Offender, in violation of Iowa Code Section(s) 124.401(1) (d), and 124.411, a Class D Felony. The defendant was committed to the custody of the Director of the Iowa Department of Corrections. Michael Eugene Fulkerson was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Gary Squier pled guilty to Fraudulent Practice in the 2nd Degree. A presentence investigation report was ordered. Sentencing is set for March 9, 2010 at 9:00 a.m. Room 204.

Matthew Rose pled guilty to Assault. He further stipulated that he had violated his probation on FECR233043 Burglary in the 3rd Degree. The Court sentenced him to 31 days in jail and continued him on probation until September 18, 2012.

Bryant Tuel was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE231790. Judgment was deferred and he was placed on probation for five (5) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Irene Arringdale plead guilty to the crimes of Conspiracy to Manufacture a Controlled Substance, a Class B felony, Possession of Ephedrine or Pseudoephedrine With Intent It Be Used to Manufacture a Controlled Substance, a Class D felony, Possession of Lithium With Intent It Be Used to Manufacture a Controlled Substance, a Class D felony, and Possession of Ether With Intent It Be Used to Manufacture a Controlled Substance, a Class D felony, in case number FE230978. Sentencing is scheduled for March 2, 2010 and she faces a maximum indeterminate term of incarceration of forty (40) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

1/27/2010

Travis Lyle Pinegar pled guilty in FE231809 and SM308269. On September 7, 2009, the Defendant was being pursued by police on a warrant for violations of his probation. They were called to 5201 S Union on a domestic and a tip that Pinegar might be at that address. Upon arrival at the residence, a woman answering the door denied Pinegar was there. Pinegar was then observed jumping off the 2nd story balcony of the apartment. A foot chase ensued and Pinegar was able to elude police through 7 blocks and four hours. Pinegar ran and wandered through the neighborhood and broke into a couple houses. At 206 SE Kenyon Pinegar kicked in a back door, denting the door and breaking the lock. When confronted by the home owner, he fled out the front door; the home owner called the police. He then hid in a detached garage at a residence at 220 E Porter. When confronted by the home owner of this residence, he lashed out with a hammer, striking Kenneth Wiedmann in the face. Mr. Wiedmann suffered a laceration above his left eye which required several stitches. When Pinegar raised a hammer the second time to Mr. Wiedmann, his 11 year old son shot Pinegar in the chest with a BB Gun. Pinegar fled the garage, raised the hammer to Beth Wiedmann in a threatening manner and then fled the residence. Pinegar jumped the fence and fled again through the neighborhood. Pinegar stopped in the area of 322 E Diehl Ave. where he was observed by a resident. Pinegar walked between houses and left the hammer laying on the ground near a running spigot. Des Moines Police employed the assistance of a police canine to track Pinegar. Pinegar was located, with the assistance from the canine, under a tarp at 342 E Wall. When Pinegar refused to submit to police commands and warnings, the canine latched on to Pinegar's leg. While Pinegar continued to struggle and resist, the canine continued to latch and relatch on Pinegar's leg. Pinegar fought against the canine, kicking and striking the canine to get released. When Pinegar was taken to the hospital for treatment of the injuries he sustained from the canine and the BB shot, he was found to be in possession of marijuana. Pinegar pled guilty to Burglary 1st Degree (a Class C Felony), Assault with a Dangerous Weapon, 2 counts (Aggravated Misdemeanors), Assault on a Police Dog and possession of marijuana (both serious misdemeanors). Sentencing in these matters will be February 11, 2010 at 8:30 in Courtroom 208 of the Polk County Courthouse. Pinegar also pled guilty to Criminal Trespass and Criminal Mischief 5th Degree and was sentenced to 30 days in jail for each offense. At sentencing the Defendant faces up to 26 1/2 years incarceration and the Court will determine if the sentences imposed in these matters will be ordered to be served concurrently or consecutively to his current prison sentence of 35 years.

Columbus Plum Lewis III appeared for a probation revocation after being convicted of Willful Injury Resulting In Bodily Injury as a Habitual Offender. After the presentation of evidence, the court revoked the probation and sentenced him to 15 years in prison. Because he is a repeat offender, he must serve at least three years of the sentence before he can be released by the Parole Board.

Robert Bellamy plead guilty and was sentenced before Judge Romano for the crime of Assault with Intent to Inflict Serious Injury, in violation of Iowa Code Section 708.1(1) and 708.2(1), an aggravated misdemeanor. Bellamy was sentenced to 150 days in the County Jail. Bellamy was originally charged with Robbery 1st Degree but plead to the lesser offense after the victim changed his story during depositions and testified under oath he never heard the defendant state he wanted money or that he saw the defendant with a knife during the assault.

Abdur Rahim Kashif was convicted upon a jury trial of the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE231758. On September 7, 2009, Kashif was stopped by officers while riding his bicycle in the area of Atkins and 19th Street in Des Moines and was found to have six packages of heroin on his person. After the verdict, Kashif admitted that he has been previously convicted of two felony charges and that one was a drug felony. This will subject him at sentencing to a potential term in prison of forty-five (45) years. Sentencing will be scheduled before the Honorable Arthur E. Gamble. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

John and Michele Cooper were sentenced in Polk County Criminal Case numbers FECR230229 and FECR230230. John Cooper had previously pled guilty to Theft in the Second Degree and Michele Cooper previously pled guilty to Dependent Adult Abuse for stealing approximately $16,000 from Michele Cooper’s elderly and ailing grandmother. At the time of sentencing, both defendants (who are husband and wife) were sentenced to five years in prison. The Court suspended John Cooper’s sentence and placed him on probation for two years, but refused to suspend Michele Cooper’s sentence and ordered her to prison.

Jahron Mozee plead guilty to Possession of an Offensive Weapon. Sentencing was set for March 3, 2010.

Matt Carlson, who was previously sentenced to a term not to exceed five years in prison, had his sentence reconsidered and he was granted probation on the charge of Theft in the Second Degree.

Frederick McCuller, who previously pled guilty to Failure to Register as a Sex Offender – Second Offense, in FECR 228076, was granted a probation.

A probation revocation hearing on Alexix Moeller was continued, she was ordered to complete 150 hours of community service by May 3, 2010 or serve 30 days for contempt of court.

Michael C. Murray pled guilty to Trespass with Damages in FECR 232431 and was sentenced to one year in jail with credit for 117 days in jail that he had previously served. The remainder of his sentence was suspended and he was placed on probation.

1/28/2010

Stephen Carlson was sentenced to a term of 10 years in prison. The sentence was suspended and he was granted probation. He pleaded guilty to Conspiracy to Commit Robbery on October 28, 2010. Justin Herrera and Anastasia Bridges are currently serving prison sentences for their roles in the crime. Brad Agan, the victim, was killed during the commission of these related offenses and his death was ruled a homicide.

Martin Botts was sentenced to prison for Assault with Intent to Inflict Serious Injury, Possession of a Controlled Substance Enhanced and Burglary in the 3rd Degree. The Court ran the sentences consecutive to each other, for a prison term not to exceed six years.

Jeffrey Cason, SRCR234627 was arraigned on the charge of Possession of a Controlled Substance and Failure to Have a Valid Driver’s License. He plead not guilty and a pre-trial conference was set for February 11, 2010, at 10:00 a.m. in Room 211 and the trial is set for March 10, 2010, at 8:00 am in Room 202B. Mr. Cason also appeared on a probation violation. A status conference on that probation revocation hearing was set for February 18, 2010, at 9:00 in the morning.

Keith McElwee, FECR233926, SRCR234085, SRCR234029 was arraigned on the charges of Theft in the Second Degree, Class D Felony; Unauthorized Possession of Offensive Weapons, Class D Felony; two counts of Possession of a Controlled Substance, Serious Misdemeanors; and two counts of Driving With License Suspended, Denied or Revoked. Mr. McElwee entered a plea of not guilty and a pre-trial conference was set for February 25, 2010 at 3:15 p.m., Room 204. The trial was set for March 29, 2010, at 9:00 a.m. in Room 204.

Dana Johnson, FECR227586 and FECR227715 appeared for a probation violation hearing. Mr. Johnson stipulated that he violated the terms and conditions of his probation and was found to be in contempt of court and ordered to serve 55 days in jail. Mr. Johnson was given credit for 48 days already served and was to begin serving the remainder of his sentence immediately. Upon his release, Mr. Johnson will be required to reside at a halfway house until maximum benefits are received.

Phyllis Long-Aaron, FECR226097 appeared for a probation violation hearing. Ms. Long-Aaron stipulated that she violated the terms and conditions of her probation. Ms. Long-Aaron will remain on probation but has the added condition that she complete the Women’s Residential Facility until maximum benefits have been received. Ms. Long-Aaron is to remain in custody at the Polk County Jail until a bed is available at the Women’s Residential Facility.

Margie Weaver, FECR205545 appeared for a probation violation hearing. Ms. Weaver stipulated that she violated the terms and conditions of her probation and was found to be in contempt of court. She was ordered to serve 30 days in jail, however that sentence was suspended and Ms. Weaver was given the opportunity to purge that sentence so long as she pays $75.00 a month towards restitution. A compliance hearing was set for April 20, 2010, at 9:15 a.m. in Room 204.

Robert James Miller, FECR227717 plead guilty to one count of Forgery, a class D Felony and sentencing is scheduled for March 22, 2010, at 9:00 a.m.

Andrew James Williams, FECR230380 and AGCR230326 appeared for disposition of a probation violation to which he previously stipulated. Mr. Williams was on probation for Willful Injury Causing Bodily Injury, Domestic Abuse Assault With Intent to Inflict a Serious Injury, and Criminal Mischief Third Degree. His probation was revoked and Mr. Williams was ordered to serve the original sentence of seven years in prison.

Samuel Williams pled guilty in Polk County Criminal Number FECR232930 to the crimes of Conspiracy to Manufacture a Controlled Substance – Methamphetamine and Possession of Ephedrine or Pseudoephedrine with Intent it be Used to Manufacture a Controlled Substance. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Wendell Martin pled guilty in FE219314 to Theft in the 2nd Degree. Martin entered a prison diversion program offered through the 5th Judicial District called "Intensive Supervision Court" or more commonly referred to as Drug Court. Martin participated in this intensive supervision and treatment program for 16 months and will graduate from the program January 29, 2010. During the course of the program, Martin provided frequent UA's which all tested negative of any illegal substance. He completed over 100 hours of community service, maintained a sponsor in the 12-step program and attended 12-step meetings at least every other day. Martin obtained employment and has been gainfully employed at the same company for over 12 months. Having successfully completed Drug Court, Martin was granted a suspended 5 year sentence and placed on probation. Because he has been under supervision in this program for 16 months, he must complete an additional 8 months of general supervision probation.

Robert Anthony Cooper stipulated to violating the terms and conditions of his probation in FE205737. He was on probation for Forgery when he was charged with the new offenses of Child Endangerment. He confessed the Child Endangerment and was entered into the Intensive Supervision (Drug) Court as a condition of continued probation. As part of the program, Cooper was required to successfully complete the programming at Iowa Residential Treatment Center at Mt. Pleasant. Cooper did not successfully complete the programming and because of the circumstances, he was revoked from Drug Court. The Court found the violations were sufficient to warrant revocation of his probation and did revoke his probation, sentencing him to 5 years in prison as was previously ordered and suspended.

Susan Conklin was revoked from the Intensive Supervision (Drug) Court after she was arrested on a charge of public intoxication and failed to notify her probation officer of her arrest. She admited she had been drinking and using methamphetamine. Conklin had previously been placed at several 1/2 way house facilities and treatment facilities. As a result of her revocation from Drug Court, Conklin entered a plea of guilty to the charges of POssession of a Controlled Substance, 3rd Offense, two counts. She had previously confessed these crimes and entered into a plea agreement to participate in Drug Court. The Court sentenced her to a term of incarceration not to exceed 5 years on each offense and ran the sentences concurrent to each other as was previously agreed upon.

Desi Leon Woods, Jr. entered a plea of guilty pursuant to a plea agreement in FE232216. He pled guilty to a lesser offense of Eluding, as an aggravated misdemeanor. He also pled to interference and four traffic offenses. The Defendant was granted a 2 year, 30 day suspended sentence and placed on probation.

Luis Alvarado a/k/a “Wolfie” appeared in Polk County District Court in criminal FE 229394. Alvarado was initially charged with Murder in the First Degree for the stabbing death of Eduardo Marquez. Pursuant to a plea agreement, Alvarado pleaded guilty to one charge of Attempt to Commit Murder, two charges of Willful Injury Causing Serious Injury and one charge of Willful Injury Causing a Bodily Injury. Alvarado will be sentenced on March 23, 2010. The plea agreement calls for Alvarado to be sentenced to consecutive prison terms for a total term of imprisonment not to exceed 50 years. Alvarado will be required to serve 70% of the 25 year Attempt to Commit Murder sentence and a mandatory minimum five years on one of the ten year Willful Injury sentences before he is eligible for parole. Alvarado is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Jody Chapman appeared in Polk County District Court in criminal number FE 230981. Chapman earlier pleaded guilty to Conspiracy to Manufacture a Controlled Substance (methamphetamine) and Possession of a Controlled Substance With Intent to Deliver (Methamphetamine). Chapman received sentences of up to ten years on each charge. The prison sentences were suspended and she was granted probation for a period of two years. Chapman must complete substance abuse treatment and reside in a half-way house as part of her probation. Chapman was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

1/29/2010

David Burris successfully completed Intensive Supervision (Drug) Court January 29, 2010 and participated in the graduation ceremony with two other graduates, Robert Stevenson and Wendell Martin. Burris' successful completion was a fulfillment of his plea agreement. The Court sentenced in a case he had pled guilty to three years previously. He was granted a ten year suspended sentence in FE206513 on the charge of Burglary 2nd Degree. Stevenson's graduation came after being reconsidered from prison on a sentence imposed on the charges of Possession with Intent to Deliver and Child Endangerment in FE182611.

Defendant Joseph M. Stephen was sentenced by Judge Scott Rosenberg. Stephen was found guilty by a jury on October 26, 2009 of the crimes of: Count I: Conspiracy to Manufacture a Controlled Substance, as a lesser included Class C Felony, in violation of Iowa Code Section 124.401(1)(c)(6); Count II: Possession of Lithium with Intent it be Used to Manufacture a Controlled Substance, a Class D Felony, in violation of Iowa Code Section 124.401(4) and Count IV: Possession of a Controlled Substance-Methamphetamine, Third Offense, a Class D Felony, in violation of Iowa Code Section 124.401(5). Stephen subsequently stipulated to being a Second or Subsequent Offender on Counts I and II and a Habitual Offender on Counts I, II and IV pursuant to Iowa Code Sections 124.411 and 902.8. Stephens was eligible for an indeterminate term of incarceration not to exceed 105 years with all of the sentencing enhancements which the State asked for based on his prior criminal history, the nature of the offense and the fact Stephen was on parole at the time he committed these offenses. Stephen was sentenced to 45 years on Count I, 45 years on Count II and 15 years on Count IV. The sentences in Count I and II were run concurrent to each other but consecutive to Count IV for a total indeterminate term of incarceration not to exceed 60 years. These sentences shall run consecutive to his parole revocation. Stephen shall be required to serve a mandatory minimum 1/3 of his sentence on Count I (15 years) and a mandatory minimum 5 years of on Count IV. Stephen was prosecuted by the Drug and Gang Bureau.

Andrea Torres pled guilty in Polk County Criminal Number FECR232928 to the crimes of Conspiracy to Manufacture a Controlled Substance – Methamphetamine and Possession of Ephedrine or Pseudoephedrine with Intent it be used to Manufacture a Controlled Substance. The defendant will be sentenced at a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Michael D. White was sentenced in case FE231159 after pleading guilty to three Counts of Burglary in the Third Degree. He was sentenced to ten years in prison. The prison sentence was suspended and he was granted probation.

Bianca Moore plead guilty to Forgery in case FE234082. She was sentenced to two years probation.

Kaven Stewart entered into the IFSAP program in open court. The IFSAP program is available for persons charged with sexual offenses where the crime is alleged to have been committed against a family member. A guilty plea and sentencing will take place at a future date. A No Contact Order for persons under the age of 18 remains in effect.

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