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Sixty-eight Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of April 5 and April 12, 2010.
Fifty-two 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 April 5 and
April 12, 2010 were: Joseph Christopher Byrkett (.103), Paul J. Ness (.112), Ker
K. Po (.112), Brian S. Flynn (.112), Aaron Rawlins (.113), Arlington L. Evans, Jr.
(.116), Anthony V. Dimeglio (.116), Jonathan W. Ficus (.118), Haley R. Hutton (.119),
Kristopher C. Dane (.120), Kenneth P. Gross (.129), Shane J. Schumacher (.132),
Zachary Weidner (.132), Juan C. Tovar (.133), Dawn M. Garcia (.133), Katherine J.
Jorgensen (.133), Alton C. Rader (.133), Mason Smith (.137) (Smith was sentenced
to 365 days in the County Jail, he was also being held for a parole violation.)Timothy
R. Gass (.140), Denzel Q. Irvin (.141), Joseph P. Wilson (.147), Chelsea J. Rydl
(.147), David J. Tigges (.147), April Zuniga (.155), Jose M. Saenz-Trasvina (.158),
Victoria S. McDonald (.164), Christopher B. Bennink (.164), Trevor Dickey (.171),
Ronald L. McClain (.172), Mark A. Johnson (.173), Jacob R. Mueller (.176), Tomarah
Massey (.177), Anastacio Vieyra (.177), Andrew R. Asher (.192), Kirk A. Balm (.200),
Ashley A. Paulsen (.201), Brandon J. Kivell (.202), Kristen N. Ragan (.205), Sigifredo
Corral (.205), Anthony M. Burke (.205), Rebecca Carpenter (.210), Samantha Harryman
(.217), Stephanie Kowbel (.245), Randy D. Day (.253), Karine S. McFall (DRE), Jeremy
L. Moon (REF), Kimberly V. Honeck (REF), Phillip E. Drummer (REF), Scott D. Williams
(REF), Edin Karadza (REF), Dawn Johnson (REF), and Sara B. Sager (REF).
Of those defendants sentenced for OWI first offense this report, nineteen 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 .103 and the high test was .253
(THREE and one half 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 24 years of age. The youngest was 18 and the
oldest 71. The age group 18-25 comprised 59.6% of those who were sentenced for First
Offense OWI 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. Ruben Contreras-Gomez
(.108), Carlos Wilson (.133), Timothy Hartman (.155), Jared T. Vanderlinden (.168),
Luis Bermudez (.176), Ramon Rivas-Chavarria (.177), Jennifer M. Crossman (.186),
Robert M. Pasutti (.226), Michael Sparks (.226), Benjamin M. Body (REF), Nicholas
A. White (DRE), and Luke R. Krier (REF).
Of those defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .108 to a high of .226 (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 20 years of age to 45 years
of age with a mean average of 29 years of age at the time of their offense.
Of the sixty-eight defendants sentenced for OWI first, second or third offense,
thirty-nine 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 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 were: Russell W. McCurn (.113), Pascual Mendez-Perez (.215),
Harold Otis (REF), and Gary E. Breese (REF).. McCurn, Mendez-Perez, Otis and Breese
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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