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Seventy-seven Defendants were sentenced for Operating while under the Influence
(OWI) in Polk County District Courts the weeks of October 26 and November 2, 2009.
Sixty-three 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 26 and
November 2, 2009 were: Brandy Lovelady (REF), Nicole A. Gray (REF), Brandon B. Hazelton
(REF), Kevin S. Testa (REF), Joe R. Haines (REF), Christopher Bruinekool (REF),
James M. Lyons, Jr. (REF), Wesley C. Lewis (REF), Michael J. Rowe (REF), Holly M.
Wayt (REF), Pedro Romero (REF), John D. Ericson REF), Brian K. Bunten (.081 & DRE),
Joshua Ratray (DRE), Randall G. Olson (.092), Jukia M. Marvel (.097), Dustin T.
LeBlanc (.098), Enrique R. Robles (.100), Nicholas R. Brinkman (.109), Justin E.
Furne (.116), Mauricio Pimentel Zarate (.122), Alan N. Hall (.125), Souriyan Lovanh
(.126), Armand C. Dean (.126), Joseph M. Graham (.132), Jeffrey L. Bradley (.132),
Bailey M. Mendenhall (.135), Gregory Markey (.136), Dean M. Anderson (.136), Rachel
Faulstick (.136), Teresa K. Fenton (.139), Jeanne E. Dickerson (.141), Sonja Ubben
(.144), Brenna L. Forcier (.145), Myo M. Zaw (.148), Sergio I. Hernandez-Laja (.149),
Joshua Hummel (.150), Timothy A. Rodine (.155), Alyssa D. Mabrier (.155), Shanna
J. Drew (.158), Edie Interiano (.161), Bryan Vanvang (.163), Emily Lynn Biederman
(.168), Jovanny Vasquez Lopez (.170), Almen J. Seric (.171), Annette M. Haffar (.176),
Casey L. Brookshire (.178), Chad Walker (.183), Ciriaco Patricio Montes (.188),
Courtney E. Schippers (.189), Todd Morrow (.194), Bradley L. Iehl (.195), Conrad
J. Green (.195), Brandon C. Butterfield (.197), Jennifer Hodges (.200), Hugh McGuire
(.205), Scott D. Greiner (.214), Jessica I. Davis (.248), Dean M. Anderson (.248),
Robert Peck (.249), Vuthy Meas (.252), Khup Lam Thang (264), and Gloria Waite (.295).
Of those defendants sentenced for OWI first offense this week, twenty-three had
a test of greater than .160 (twice the legal limit) and twelve refused the chemical
test. The low chemical test among this group was .092 and the high test was .295
(THREE and ONE HALF times the legal limit). Two defendants were
found guilty and sentenced based upon their use of drugs other than alcohol.
Twelve 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. Chad Nauman (.083
& DRE), Candace Holcomb (.112), Elicio Abara-Cruz (.129), Holly M. Grasmick (.137),
Erik L. Anderson (.148), Aaron C. Harvey (.172), Joshua Aaron Pray (.175), Patricia
Sneddon (.190), Skyler T. Vanalbeck (.195), Edwin Schouten (Schouten was sentenced
on TWO charges of OWI second offense. He was sentenced to serve 25 days in the county
jail and fined $1875 on each offense. His BAC’s were .226 and .183), Heather Avery
(REF), and Alvin K. Snyder, III (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .112 to a high of .226 (TWO and ONE HALF
times the legal limit). Two 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 seventy-seven defendants sentenced for OWI first, second or third offense,
forty-five 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 report were: Maria Stines (.112) and Gary A. Keltner (.119). Keltner
and Stines were sentenced to five years in prison, fined $3125 and had their driving
privileges revoked for six years. All or part of their 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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