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Weekly Case Summary
05/09/2011

On May 9, 2011, Jorge Ledezma was sentenced in Polk County Criminal Number FECR243154 for the crime of Trafficking in Stolen Weapons. Over the State’s objection, the Court granted Jorge Ledezma a deferred judgment and placed him on probation for a period of 5 years. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Lindsey Rasmussen in FECR244763 was arraigned on the charge of Theft 2nd, a Class D Felony. The defendant entered a plea of not guilty. A pre-trial and trial date were scheduled.

Jamie Johnson in FECR245230 was arraigned on the charge of Possession of a Controlled Substance with the Intent to Deliver, a Class D Felony. The defendant entered a plea of not guilty. A pre-trial and trial date were scheduled.

Paul Smith in FECR245234 was arraigned on the charges of: Count I - Burglary 2nd, a Class C Felony, and Count II – Criminal Mischief 4th, a Serious Misdemeanor. The defendant entered a plea of not guilty. A pre-trial and trial date were scheduled.

Anthony McFerrin in FECR245603 was arraigned on the charge of Robbery 2nd. The defendant entered a plea of not guilty. A pre-trial and trial date were scheduled.

Natalie Groves in FECR245240 was arraigned on two counts of Possession of a Controlled Substance, a Serious Misdemeanor and one count of Failure to Posses a Tax Stamp, a Class D Felony. The defendant entered a plea of not guilty. A pre-trial and trial date were scheduled.

Luke Heffernan in FECR245532 was scheduled for arraignment. However, due to conflicts in schedule, the defendant’s arraignment was continued until May 17, 2011 at 8:30 a.m. in Courtroom 204.

Lindsey Rasmussen in AGCR244415 was scheduled for a pre-trial conference on her aggravated misdemeanor charge. However, the defendant has a new pending felony charge, so the Court agreed to continue her pre-trial in this case to coincided with her pre-trials in the new felony matter.

Karrod Wright in FECR245186 was scheduled for a bond review. The defendant requested his bond either be lowered and/or he be allowed out on pre-trial release electronic monitoring program. The Court denied the defendants request and bond shall remain the same.

Robert Taylor in FECR243716 was scheduled for a bond review. The defendant’s bond was set on two counts of burglary at $5,000.00 cash or surety a piece. However, the defendant was charged with two counts of Burglary 2nd and the Court changed the bond to $10,000.00 cash or surety on each count for a total cash or surety bond of $20,000.00.

Joshua Pate in FECR242465, SM-AC315768, NTA374074, OM70353 and NTA357119. The defendants sentencing was continued until May 18, 2011 at 10:00 a.m. The sentencing was continued as the defendant has been in the Federal Marshall’s custody and was just returned to Des Moines. With regard to his bond forfeiture hearing, the Court cancelled the hearing and released the bond to American Bail Bonds in the amount of $6,000.00 and to Ellis Bail Bonds in the amount of $6,000.00.

Ashley Armstrong in FECR241939, SR242240 and SM-AC317653, sentencing was rescheduled until May 10, 2011 at 9:30 a.m. in Courtroom 204. The hearing was rescheduled due to her defense attorney having a scheduling conflict.

Wendi Jayne in FECR240255 was scheduled for a probation violation hearing. The defendant stipulated to the report of violation. A dispositional hearing was scheduled for May 18, 2011 at 2:00 p.m. in Courtroom 204.

Bridget Sweeney in FECR245806. The defendant’s application for a modification of a no contact order came before the Court. The State did not resist cancelling the no contact order under the criminal case number, because the defendant has a pending juvenile court matter and there is a no contact order in that case. Specifically, the Court granted the defendant’s motion to cancel the no contact order under the following terms and conditions: 1) The defendant must comply with all terms and conditions of the no contact order pending in the current juvenile court case, and 2) All visitation with the 3 children subject to the criminal no contact order, shall be supervised.

05/10/2011

Benjamin Seiberling appeared for probation violation hearing on Polk County Criminal case FECR239671. The defendant stipulated that he did violate terms and conditions of probation. The Court held the defendant in contempt and sentenced him to serve sixty days in jail. The Court suspended the jail sentence and allowed the defendant time to purge the contempt so long as he complied with substance abuse and mental health treatment. The case was set for review of the defendant’s compliance on October 3, 2011.

Ashley Armstrong appeared for sentencing after pleading guilty to Criminal Mischief in the Second Degree, Assault with a Dangerous Weapon, Assault Causing Bodily Injury, and Possession of a Controlled Substance on Polk County Criminal cases FECR241939 and SRCR242240. The Court deferred judgment and placed the defendant on probation for two years.

The following defendants appeared for arraignment on their respective charges and entered “not guilty” pleas. All were given dates for a pretrial conference hearing and trial: Scott Garvey (FECR245535), Ryan Gist (FECR245589), Darolyn Link (FECR245293), Tiffany Travis (FECR245470), and Taraha Williams (FECR245473).

On May 10, 2011, Kevin Myers was sentenced for the crime of Conspiracy to Deliver a Controlled Substance, a Class C felony, in case number FE240139. Judgment was deferred and he was placed on probation for a term of two (2) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 10, 2011, George Vantrece was sentenced for the crimes of Delivery of a Controlled Substance, four counts, Class C felonies, cocaine base “crack” and heroin, in case number FE242482. He was sentenced to a maximum indeterminate term of ten (10) years in prison on each count and three of these sentences were ordered to run consecutive to each other for a term of thirty (30) years. One sentence was ordered to run concurrent. He must also serve a mandatory one-third of this term prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

05/11/2011

On December 1, 2010, Defendant Phillip McGruder, entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense and Driving While Barred as alleged in the Trial Information, a Class D Felony and Aggravated Misdemeanor, in violation of Iowa Code Section(s) 124.401(5) and 321.561. On May 11, 2011, Defendant Phillip McGruder, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance Third Offense, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(5), and a period of incarceration not to exceed 2 years for the charge of Driving While Barred, an aggravated misdemeanor, in violation of Iowa Code Section 321.561. The sentences in these matters were run consecutive for a total term of incarceration not to exceed 7 years. Phillip McGruder was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 11, 2011, Danny Hill had a probation violation dispositional hearing regarding his conviction for Lascivious Acts with a Child. After hearing testimony from the defendant’s probation officer and mother, the Court revoked the defendant’s probation and sentenced him to prison.

05/12/2011

On May 12, 2011, Kyle Woodruff was sentenced for the crime of Possession of Ephedrine or Pseudoephedrine With Intent It Be Used to Manufacture a Controlled Substance, a Class D felony, in case number FE243362. Judgment was deferred and he was placed on probation for two (2) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 12, 2011, Richard Shaul, Jr. plead guilty to Possession of a Controlled Substance With Intent to Deliver, a Class C felony, as a habitual offender, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE242434. He had previously plead guilty to Burglary in the Third Degree, a Class D felony, in case number FE242435. He was sentenced to twenty (20) years and fifteen (15) years in these two cases, these sentences were ordered to run concurrent to each other, and the sentences were suspended. He was placed on probation for two (2) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 12, 2011, Mariano Arzola Gallegos was sentenced for Theft in the 1st Degree and OWI. The Court granted the defendant probation. Conditions of probation include substance abuse treatment, attending two 12 step programs per week, maintaining a full time job and complying with a No Contact Order with the victim.

State of Iowa v. Damon Clark – FECR246137 – This defendant was arraigned on the charge of Perjury, a Class D Felony and entered a plea of not guilty. A pretrial conference was set for June 9, 2011, at 2:45 p.m. in Room 204 and trial was set for July 11, 2011.

State of Iowa v. Juliana Cornick – FECR245305 – This defendant was arraigned on two counts of Obtaining or Attempting to Obtain a Prescription Drug By Fraud, both Class C Felonies and four counts of Obtaining or Attempting to Obtain a Prescription Drug By Fraud as Aggravated Misdemeanors (the type of prescription medication determines level of offense). To all of these counts the defendant entered a plea of not guilty and a pretrial conference was set for June 9, 2011, at 2:15 p.m. in Room 207. Trial was set for July 11, 2011.

State of Iowa v. Francis Mackin – FECR245768 – This defendant was arraigned on one count of Forgery and entered a plea of not guilty. A pretrial conference was set for June 9, 2011, at 10:45 a.m. in Room 204 and trial was set for July 11, 2011.

State of Iowa v. Joel Ramirez – FECR244608 – This defendant was charged with one count of Conspiracy to Deliver a Controlled Substance, marijuana, a Class C Felony and entered a plea of not guilty. A pretrial conference was set for June 9, 2011, at 2:00 p.m. in Room 207 and trial was set for July 11, 2011.

State of Iowa v. Craig McDonald – FECR245484 – This defendant was arraigned on one count of Criminal Mischief in the Second Degree, a Class D Felony and one count of Assault Causing Bodily Injury, a Serious Misdemeanor. To both of these charges the defendant entered a plea of not guilty and a pretrial conference was set for June 9, 2011, at 3:00 p.m. in Room 204. Trial was set for July 11, 2011.

State of Iowa v. Jerry Lewellin – FECR242506 – This defendant was sentenced to a 15 year suspended prison sentence after previously pleading guilty to Forgery as a Habitual Offender. On March 28, 2011, the defendant plead guilty to Forgery and admitted presenting a forged check so that it appeared to be the act of another who did not authorize that act. The defendant has twice before been convicted of a felony enhancing the potential sentence from five years to 15 years. The defendant was granted probation on May 12, 2011, and the 15 year prison sentence was suspended. The defendant was placed on two years of probation and ordered to comply with all the terms and conditions imposed by the probation department.

State of Iowa v. Jeffrey Nikolas – FECR243077 – This defendant received probation and a five year suspended prison sentence after pleading guilty on March 30, 2011, to Theft in the Second Degree, a Class D Felony. As part of the guilty plea the defendant acknowledged in purchasing auto parts from O’Reilly Auto Store using another person’s account. The defendant was placed on two years of probation and ordered to comply with all the terms and conditions imposed by the probation department.

State of Iowa v. Taylor Cook – FECR242392 – This defendant received a five year prison sentence after pleading guilty on March 31, 2011, to Interference Causing Serious Injury. The defendant admitted to interfering with the official acts of the Des Moines Police Department while they were attempting to apprehend him. During the defendant’s interference and struggle with the officer, the Des Moines police officer received a serious injury to his ankle requiring screws and extended period of time off work. On May 12, 2011, the court ordered the defendant to serve a five year prison sentence for that charge.

05/13/2011

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