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Weekly Case Summary
2/8/2010

Dusty Doe Nyonee plead guilty to Child Endangerment Resulting in Serious Injury and Neglect of a Defendant Person and was sentenced to 20 years in prison. Mr. Nyonee was charged last year by the Des Moines Police Department with not properly supervising his 20 month old daughter and his three year old son in the bathtub. His daughter drowned in the bathtub as a result of him not properly supervising the children. This is a sad example of the consequences which can occur when an adult leaves a child unattended in water.

On December 14th, 2009, Melinda D Wakefield, FECR231104, pled guilty to Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation or Subterfuge, as alleged in Count I of the Trial Information, in violation of Iowa Code Sections 155A.23, 155A.24, and 124.401(1)( c )(8), a Class C Felony. On February 8th, 2010, she appeared in front of the Court for sentencing and received a deferred judgment and probation with the applicable $ 1,000.00 civil penalty. This case was prosecuted by the Polk County Attorney’s Drug and Gang Bureau.

Glenn Phillips plead guilty in FE231262 to Fraudulent Practices in the Third Degree. He received two years probation and was required to pay restitution in the amount of $5000.

Roscoe Lewis FE 174741 and Linfong Moua FE192805 had their probations extended an additional two years in order to pay off their financial obligations.

Adam Stone, who over the telephone threatened an employee at U.S. Bank in Altoona with blowing up the bank, plead guilty to Harassment in the First Degree, was placed on probation for one year, and received a five-year no-contact order with all U.S. Banks.

2/9/2010

Richard V. Haines appeared in Polk County District Court in criminal number FE 233377. Haines pleaded guilty to Conspiracy to Manufacture a Controlled Substance (methamphetamine) as alleged in Count I of the Trial Information. Haines waived any delay in sentencing as was sentenced immediately to a term of imprisonment not to exceed ten years. He must serve a mandatory minimum one-third of this sentence before he is eligible for parole. Haines was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Tiffany L. Brooks appeared in Polk County District Court in criminal number FE 229826. Brooks earlier pleaded guilty to two charges of Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation and Subterfuge, class C felonies. Brooks had been given the opportunity for drug treatment between her guilty plea and sentencing and been unsuccessfully discharged from her treatment placement. Brooks was sentenced to two terms of imprisonment not to exceed ten years today. The court allowed the sentences to be served concurrently with each other and found there were mitigating circumstances in this case and did not order that Brooks serve any mandatory minimum sentences before she is eligible for parole. Brooks was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Robert M. Whiteside stipulated to the report of violations and agree to enter the In Jail Treatment Program as recommended. Whiteside shall enter a half way house upon successful completion of the In Jail Treatment Program. The defendant’s probation was extended, with the consent of the defendant, until August 7, 2014.

John Holett stipulated to the violations of his probation as reported. Additionally, Holett entered pleas of guilty to: Burglary of an Unoccupied Vehicle as alleged in Counts I and II and Theft in the 2nd Degree in Count VI all in FECR233317. A presentence investigation will be completed with sentencing to occur on March 31, 2010 at 10:00 AM in Room 204. The defendant will be free to argue his sentence. The State will, at worst, argue for a 90 day shock prison sentence followed by placement at the Fort Des Moines Residential Program.

Malea Walker was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE232065. She was sentenced to an indeterminate term of ten (10) years, but this sentence was suspended and she was placed on five years probation. As a condition of probation, she will be required to reside at the Women’s Residential Facility until maximum benefits are obtained. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 7, 2009, Defendant Timothy Walker entered a plea of guilty to the charges of: Count I: Delivery of a Controlled Substance, and Count II: Delivery of a Controlled Substance, in violation of Iowa Code Section(s) 124.401(1)(c), Class C Felonies. On February 9, 2010, Defendant Timothy Walker was sentenced to a period of incarceration not to exceed 10 years for the charge of Count I: Delivery of a Controlled Substance, and was sentenced to a period of incarceration not to exceed 10 years for the charge of Count II: Delivery of a Controlled Substance, in violation of Iowa Code Section(s) 124.401(1) (c), Class C Felonies. These Counts are to run consecutive to one another. Therefore the defendant shall be incarcerated for a total period not to exceed 20 years. The defendant was committed to the custody of the Director of the Iowa Department of Corrections. Timothy Walker was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Benjamin Fagan appeared in Polk County District Court in criminal number FE 230985. Fagan had earlier admitted to violating his probation. Previously, Fagan had been granted a suspended prison sentence of ten years as well as two suspended five years sentences for his part in a conspiracy to manufacture methamphetamine. The sentences were ordered to be served consecutively to each other. Since that probation was granted, Fagan violated the terms and conditions of that probation. At the hearing, the State of Iowa recommended that Fagan’s probation be revoked and he be sent to prison. District Court Judge D.J. Stovall entered a ruling on February 10, 2010, allowing Fagan to continue on probation with the added condition that he reside at the Ft. Des Moines Facility until maximum benefits have been achieved. Fagan must remain in jail until space is available at the facility. Fagan was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Defendant James D. Rattray, entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. He was sentenced to a period of incarceration not to exceed 5 years for the charge of Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. This sentence is run to consecutive to the sentences in FECR234080, and FECR234156. The defendant was committed to the custody of the Director of the Iowa Department of Corrections. James D. Rattray was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

State of Iowa v. John Nigro III OM68190: Defendant was arrested and charged with OWI after he was stopped for speeding shortly after midnight on September 5, 2009. Defendant submitted to standardized field sobriety tests, but refused to submit to a breath test. Suspecting possible marijuana use, the arresting officer conducted a drug recognition examination. The defendant refused to provide a urine sample. The two day trial was held February 8-9, 2010. The jury found the defendant guilty of OWI after approximately 55 minutes of deliberation.

2/10/2010

Derek Storm was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, marijuana and psilocybin mushrooms, a Class D and a Class C felony, in case number FE231778. Judgment was deferred and he was placed on five years probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Jeffery Briggs was sentenced to prison in Polk County Criminal Number SRCR232932 for a period not to exceed 5 years for the crime of Possession of a Controlled Substance (Third Offense) and for a period not to exceed 5 years for the crime of Possession of a Controlled Substance (Third Offense). Jeffery Briggs was also sentenced to prison in Polk County Criminal Number SRCR214312 for a period not to exceed 5 years for the crime of Possession of a Controlled Substance (Third Offense). The Court revoked the probation previously granted to the defendant in SRCR214312. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Larry Travis was sentenced to prison in Polk County Criminal Number FECR220147 for a period not to exceed 15 years for the crime of Possession of a Controlled Substance with Intent to Deliver as Second or Subsequent Offender The Court revoked the probation previously granted to the defendant. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Jose Hernandez pled guilty in Polk County Criminal Number FECR232932 to the crime of Possession of a Controlled Substance with Intent to Deliver. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Jose Hernandez pled guilty in Polk County Criminal Number FECR233604 to the crime of Possession of a Controlled Substance with Intent to Deliver. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Jose Hernandez pled guilty in Polk County Criminal Number FECR233330 to the crimes of Possession of a Controlled Substance with Intent to Deliver and Failure to Possess a Tax Stamp. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

2/11/2010

Belma Bejtovic pled guilty to aggravated misdemeanor Forgery in FECR233208 and stipulated that she violated the terms and conditions of her probation in FECR218590. A sentencing and disposition date was set for March 25, 2010, at 10:15 a.m. in Room 204.

Rickie Houser pled guilty in Polk County Criminal Number FECR233558 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.

On December 30, 2009, Defendant Gregory Signs entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. On February 11, 2010 Defendant Gregory Signs, was sentenced for a total period not to exceed 5 years for the charge of Possession of a Controlled Substance Third Offense, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. The sentence in this case was suspended, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Gregory Signs was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Darwin Stinson pled guilty to Criminal Mischief in the 3rd Degree and Assault. The Court sentenced him to prison consecutive to his parole violation.

2/12/2010

James Green and Anna Peters appeared in Polk County District Court in criminal numbers FE 233204 and FE 233205 respectively. Green and Peters pleaded guilty and were sentences on charges of Conspiracy to Manufacture a Controlled Substance (methamphetamine) and Neglect of a Dependent Person. Both defendants were sentenced to up to ten years in prison on each charge. Both must serve a mandatory minimum one-third of the ten year drug sentence before being eligible for parole. The sentences were ordered to be served consecutively to each other. Green and Peters were prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 22, 2009, Shelley Breann Wenzel, FECR232017, pled guilty to Manufacturing a Controlled Substance-marijuana, as alleged in Count II of the Trial Information, in violation of Iowa Code Section 124.401(1)(d), a Class D Felony, as a Second or Subsequent Offender, in violation of Iowa Code Section 124.411. On February 12, 2010, she received a 15 year suspended sentence and probation for 5 years. Counts I, III, IV and V of the Trial Information were dismissed. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Jan Walter Metheny was sentenced to a term of incarceration of up to 25 years in prison after pleading guilty to two counts of Sexual Abuse in the Third Degree and one count of Lascivious Acts with a Child. Metheny was arrested by the West Des Moines Police Department, West Des Moines, Iowa in April of 2009. In addition to his prison sentence, Metheny must comply with a special sentence of supervision, upon being paroled, by the Iowa Department of Corrections for Life. Metheny is also required to register as a sex offender for Life with the Iowa Sex Offender Registry.

Defendant Robin S. Copic entered a plea of guilty to the charges of: Count I: Obtaining or Attempting Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation, or Subterfuge, a Class C Felony, and Count IV: Committing Insurance Fraud, a Class D Felony in violation of Iowa Code Section(s) 124.401(1)(c)(8), 155A.24, 155A.23, and 507E.3. Copic was sentenced for a total period not to exceed 15years for the charges of Count I: Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation, or Subterfuge, a Class C Felony, and Count IV: Committing Insurance Fraud, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(c)(8), 155A.24, 155A.23, and 507E.3. The sentences in this case were suspended, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Robin S. Copic was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau

Jerron “Cash” Johnson pled guilty in Polk County Criminal Number SRCR230905 to the crime of Escape and in Polk County Criminal Number FECR234798 to the crime of Possession of a Firearm as a Convicted Felon. The defendant further stipulated to violating the terms and conditions of his probation in Polk County Criminal Numbers FECR223264, FECR226367, and AGCR223196 which encompassed the charges of Theft in the 1st Degree, Perjury, and Carrying Weapons. The Court sentenced the defendant to a combined term of incarceration not to exceed 22 years for the above-described offenses. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Paul Hayes pled guilty in Polk County Criminal Number FECR233293 to the crime of Possession of a Controlled Substance with Intent to Deliver as a Second or Subsequent Offender. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 16, 2009, Edward J. Betzold, FECR232519, pled guilty to Possession of a Controlled Substance with Intent to Deliver-methamphetamine, as alleged in Count II of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony. On February 12, 2010, he appeared before the Court and received a 10 year prison term with the requirement that he serve a mandatory one-third of the sentence before being eligible for parole. The Court suspended the sentence and placed him on probation for 5 years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Aaron Ramon Jefferson, FECR226010, appeared before the Court for a probation violation hearing. The Defendant had earlier received a deferred judgment and was placed on probation for the offense of possession of a controlled substance with intent to deliver-marijuana, in violation of Iowa Code Section 124.401(1)(d), a class D felony. While on probation he was arrested for theft in the third degree and a probation violation report was filed. The Defendant stipulated to the violations contained in the probation violation report. The Court revoked the defendant’s deferred judgment and gave him a 5 year suspended sentence and probation with the added condition he reside at the Fort Des Moines Residential Correctional Facility until maximum benefits are achieved. The Defendant is required to reside at the Polk County Jail until a bed is available at Fort Des Moines. The Defendant also entered a guilty plea and was sentence on the Theft Third case. That sentence shall run consecutive to the sentence in FECR226010. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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