|
Fifty-eight Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of January 25 and February 1, 2010.
Forty-one 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 January 25 and
February 1, 2010 were: Brian Mond (.095), Roger A. Coenen (.104), Kenneth Rodriquez
(.108), Harley R. Hill (.116), Tricia A. Thompson (.129), Jessica Elliott (.137),
Shonedrick Durane Freeman (.137), Cynthia L. McAfee (.139), Ashlee M. Clark (.155),
Katrell M. Jackson (.155), Rhonda J. McElwee (.153), Michael G. Fagen (.155), Tricia
E. Harwell (.161), Juan Leonidez Medrano (.168 & .139) Medrano was found guilty
of two counts of OWI. Also found guilty this reporting period were: Johnathan Pruitt
(.171), Jeremy Behrens (.177), Gary M. Robertson (.180), Taylor J. Gibbins (.188),
Brian G. Coffman (.188), Nicholas Burke (.188), Stacy M. Fallis (.190), David J.
Serpento (.192), Eric M. Stanton (.195), David G. Fosche, Jr., (.200), Brian W.
Agan (.204), Eric M. Sandvig (.208), Anthony A. Kucera (.212), Pascual Saldana Arroya
(.233), James W. Feldt (.242), Lindsey Jo McGregor (.249), Brent W. Collier (.319)
(Collier was found guilty of BOATING while intoxicated), William C. Jacobs (.327),
Richard Scott (REF), Xavier Rolando (REF), Daniel L. Swank (REF), Richard D. Rumbaugh
(REF), Timothy M. Fessler (DRE), Ake Phetdavieng (DRE), Braden A. Fauble (DRE),
Thomas Edwards (DRE),and Robert S. Henry (DRE).
Of those defendants sentenced for OWI first offense this week, twenty had a test
of greater than .160 (twice the legal limit) and three refused the chemical test.
Six defendants were found guilty based upon their use of drugs other than alcohol.
The low chemical test among this group was .095 and the high test was .327 (FOUR
times the legal limit). The mean average age of these first time offenders
was 26 years of age. The youngest was 18 and the oldest 61. The age group 18-25
comprised 49% of those who were sentenced this reporting period for OWI First Offense.
Thirteen 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: Norberto M. Pineda-Gamez (.115),
Heather M. McCarthy (.144), Willy James Muhr (.153), Jonathan M. Nerem (.172), Alexis
M. Spencer (.203), Charles Urbach (.206), Ryan C. Maddy (.239), Todd Guisinger (.246),
Joshua W. Schable (REF), Austin James Hill (REF) (Hill was sentenced to two years
in prison), Debbie Lin Campbell (REF), Matthew Hall (REF), and William Byrne (REF).
Of those defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .115 to a high of .246 (THREE times
the legal limit). Five of these defendants refused the chemical test. The State
of Iowa has a legislatively set, presumptive level of intoxication of .08. The thirteen
defendants found guilty of OWI Second offense ranged in age from 19 years of age
to 48 years of age with a mean average of 25 years of age at the time of their offense
of OWI Second offense.
Of the fifty-eight defendants sentenced for OWI first, second or third offense,
forty-one tested over .160 (twice the legal limit), refused testing or were arrested
for driving under the influence of drugs other than alcohol.
There were four 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 were: Jonathan L. Dixon (.131), Joshua L. LeFlore (.202), Larry
E. Barton (.146) and Tina I. Allen (DRE). Dixon, LeFlore, Barton and Allen were
sentenced to five years in prison, fined $3125 and had their driving privileges
revoked for six years. All or part of their prison sentence may be served in an
OWI Correctional Facility such as the one operated by the Department of Corrections
at the Fort Des Moines facility. At the time of sentencing Dixon and LeFlore were
both age 25 or younger.
Fines assessed this reporting period, including a 35% legislatively required surcharge
were: for first offenses, $69,187; for second offenses, $37,968 and for Third offenses,
$16,874. The total for the three categories is $124,029 for this two week reporting
period.
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau
of Polk County Attorney John Sarcone’s Office.
|