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Sixty-eight Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of March 8 and March 15, 2010.
Fifty-four 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 March 22 and
March 29, 2010 were: Danielle M. Greenfield (.094), Nathan Daniel (.095), Timothy
Korpela (.109), Larry D. Hoeppner (.112), Genaro O. Mata, Sr. (.113), Stevan S.
Smith (.117), Mary A. Hood (.122), Joel K. Lemke (.118), Jose R. Hernandez-Barahon
(.118), Behzad Beygi (.124), Lisa A. Blunk (.125), Bryan M. Tiedeman (.126), Kyle
D. Brand (.127, Jordan R. Croft (.129), James R. Madewell (.132), Jenna L. Connolly
(.136), Brittany N. Fowler (.138), Scott A. Houseman (.142), Terrence O’Connor (.143),
Chad D. Mills (.145), Donna J. Graeff (.150), Michael Charles Hackman (.153), Nyok
Amieth Kongroar (.158), Andrew Keith Roberts (.159), Mallory S. Thompson (.160),
James S. Spiller (.160), Kristen M. Boggs (.164), Brian Dreesman (.178), David Stuart
(.181), Ashley M. Grandstaff (.181), Joshua J. Bach (.182), Justin C. Bowen (.183),
Jorge Garcia (.185), Douglas W. Losee (.189), Steven Pollock (.190), Shawn M. Dickerson
(.191), Samuel Ites (.96), Megan K. Davis (200), Michelle Lane (.206), William Sears
(.207), Lyle D. Fry (.208), Robert D. Carpenter (.231), Alyssia Rivera (.236), Steven
R. Pautvein (.252), Thomas L. Heither (REF), Thomas Freeland (REF), Daniel Ockenfels
(REF), Pascual Arena (REF), Jessi Fenton (REF), Stephen R. Dillinger (REF), Adam
J. Wedig (REF), Santos Trujillo-Valle (REF), Lisa I. Gyles DRE, (Giles was sentenced
on TWO counts of OWI First Offense, she was sentenced to fifteen days in jail and
fined $2500), and Peter Contrell Coleman (DRE).
Of those defendants sentenced for OWI first offense this report, twenty had a test
of greater than .160 (twice the legal limit) and seven refused the chemical test.
The low chemical test among this group was .090 and the high test was .265 (THREE
and one half times the legal limit). Three defendants were found guilty
and sentenced based upon their use of drugs other than alcohol. The mean average
age of these first time offenders was 28 years of age. The youngest was 18 and the
oldest 77. The age group 18-25 comprised 40.7% of those who were sentenced this
reporting period.
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. The defendants
sentenced for OWI second offense report were: Elizabeth Yori (.100), Bryan Holley
(.169), Ernesto Tapia Valladares (.194), William Lopez (.202), Marc T. Nobile (.240),
John M. Freet (.246), Gregory Huse (.253), Varell Wiley (DRE), James M. Hagins (REF),
Cody J. Wade (REF), Steven J. Oberbroeckling (REF), and Stephanie J. Erickson (REF).
Of those defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .100 to a high of .253 (almost three
times the legal limit). Two of these defendants refused the chemical test, and two
were sentenced based upon their use of drugs other than alcohol. The State of Iowa
has a legislatively set, presumptive level of intoxication of .08. The twelve defendants
found guilty of OWI Second offense ranged in age from 25 years of age to 51 years
of age with a mean average of 31 years of age at the time of their offense.
Of the sixty-eight defendants sentenced for OWI first, second or third offense,
forty-three (63%) 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 report 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 was: Ray D. Lipscomb (REF) and Brooker Benjamin Illingworth
(.231). Lipscomb and Illingworth 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.
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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