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Fifty defendants were sentenced for Operating while under the Influence (OWI) in
Polk County District Courts the weeks of February 8 and February 15, 2010. Seven
of the fifty were sentenced to prison terms as set out below.
Thirty-eight 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 February 8 and
February 15, 2010 were: Juan P. Velazquez (.092), Kevin W. Marble (.104), Michelle
D. Parker (.107), James P. Jacks (.107), April M. Pina (.110), Tod A. Kellen (.117),
Thomas W. Harris (.119), Curtis E. Starostka (.130), Anthony Miner, Jr. (.132),
Shannon West (.134), Edgar Zamors-Lopez (.134), Teresa Harrison (.136), Katrina
Brooks (.138), Jason Becker (.139), Brian A. McLain (.147), Daniel K. Perry (.153),
Javier P. Trujillo (.158), Manuel Zarate (.160), Samuel Rodriguez (.163), Michael
G. Brown (.165), Jonathan C. Devan (.173), Kari L. Neal (.176), Heather M. Burns
(.181), Moses Salamanca (.184). Salmanca was sentenced to 180 days in the Polk County
Jail. Also sentenced were: Traci L. Schnoebelen (.189), Emily E. Weese (.205), Raymond
L. Scheel (.233), Antonio Bohena-Guzman (.250, Pamela L. Kinsey (REF), Amber S.
Emerson (REF), Deanna Lynn Jackson (REF), and Darrell J. Snyder (REF). Snyder was
also sentenced for the crime of serious injury by vehicle and sentenced to five
years in prison. Also sentenced were: Marisol Torres (REF), James C. Floyd, Jr.
(REF), Dustin Wing (DRE), Somphet K. Thongsouk (REF), Dennis Lister (REF), and Robert
L. Young (REF).
Of those defendants sentenced for OWI first offense this week, seventeen had a test
of greater than .160 (twice the legal limit) and nine refused the chemical test.
The low chemical test among this group was .092 and the high test was .250 (THREE
times the legal limit). One defendant was found guilty and sentenced based
upon his use of drugs other than alcohol. The mean average age of these first time
offenders was 28 years of age. The youngest was 19 and the oldest 57. The age group
18-25 comprised 34% of those who were sentenced this reporting period.
Seven 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: John W. Essex (.140), Agwiq Malith
Majok (.186), Donald C. Palmer (.202), Julio Carballo-Merino (214), Sean Staiert
(REF), Douglas L. Smith (REF), and Arnulfo Santoyo (REF).
Of those defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .140 to a high of .214. Three of these defendants refused
the chemical test. The State of Iowa has a legislatively set, presumptive level
of intoxication of .08. The seven defendants found guilty of OWI Second offense
ranged in age from 27 years of age to 61 years of age with a mean average of 35
years of age at the time of their offense.
Of the fifty defendants sentenced for OWI first, second or third offense, thirty-two
tested over .160 (twice the legal limit), refused testing or were arrested for driving
under the influence of drugs other than alcohol.
There were five 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: David Shelledy (REF), Adam D. Jensen (.211), Daniel L.
Straw (REF), Raymond Ransey, Jr. (DRE), and Jeffrey Fielder (.197). Shelledy, Jensen,
Straw, Ransey and Fielder 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. The mean average
age of this group of defendants was 33 years.
In addition to sending these five defendants to prison, judges also sent Douglas
L. Smith to prison for two years (OWI Second) and Darrell J. Snyder to prison for
five years for OWI First Offense and Serious Injury by Vehicle.
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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