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Eighty-eight Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of May 14, May 31 and June 7, 2010.
Sixty-six 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 CountyJail 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 May 24, May
31 and June 7, 2010 were: Ronald D. Gomez (.090), Natalie A. Messenger (.095), Ashley
Cook (.098), Chad A. Langworthy (.107), Carlos A. Deavila (.093), Brittany N. Yoakum
(.104), Luigi G. Tumea (.110), Kim Eam (.111), Erik Olson (.112), Aldo Chavez-Daniel
(.114), Ryan C. Davis (.16), Dell M. Johnson (.116), Ann M. Makovec (.121), Michael
J. Grimes (.120), Shelly R. Reber (.121), Damien X. Mapp (.122), Austin Rogers (.123),
Ying Kok (.125), Adam S. Ames (.125), Patricia J. Toth (.127), Joshua Beougher (.128),
Rhonda L. Black (.134), Juan Saenz (.135), Joshua R. Beeck (.140), Aaron L. Welch
(.130), Zenas T. Lu (.146), Shayla Horton (.147), Aleshia M. Smith (.151), Patricia
A. Vessells (.152), Casie Jo Ross (.153), Miles Peterson (.155), Kevin R. Mann (.155),
Michael R. Ball (.160), Anthony P. Thomson (.163), Lee M. Nichols (.166), Amanda
M. Parker (.168), Susan M. Sharp (.169), Angel Miranda (.169), Christine L. Bueford
(.170), Thomas E. Adair (.179) Michael H. Schill (.179), Allison T. Hoefling (.182),
Marie Herrick (.184), Janna R. Kimberlin (.191), Jessica R. White (.196), Brian
P. Onthank (.200), Joshua O. Butler (.203), Daniel Couch (.204), Ryan T. Elliott
(.210), Nicholas G. Perez (.220), Max N. Rogers (.221), Stephen C. Eslinger (.221),
Concepcion Camarillo (.227), Pierre Jones (REF), Matthew Wiggins (REF), Elizabeth
A. Peterson (REF), Donna M. Johnson (REF), Vernon Dodson (REF) Manny Seay (REF),
Michael Clark (REF), Tracy Rater (REF), Stanley Eugene Curry (REF), Vixay Thongdam
(REF), Anthony Mure (.033/DRE), Karen A. Klug (DRE), and Deshawn Marcelle Long (DRE).
Of those defendants sentenced for OWI first offense this report, twenty had a test
of greater than .160 (twice the legal limit) and ten refused the chemical test.
The low chemical test among this group was .090 and the high test was .227 (THREE
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 26 years of age. The youngest was 18 and the oldest 54.
The age group 18-25 comprised 48.5% of those who were sentenced this reporting period.
Twenty-one 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: Donald E. Moss (.139), Nick Maharas
IV (.143), Jaycie L. Curry (.159), Maclovio Lopez-Vargas (.166), Marnie Ison (.182),
Judd D. Davidson (.190, Yeu Thach (.195), John Piu (.210), Jake Robert Stratton
(.212), Jason Arthur Winterberg (.228), Roberto Davila (.229), Joey Petersen (.258),
Cory Snyder (REF), Michael M. Sparks (REF), Gary Graham (REF), Brandon E. Rice (REF),
Kevin Raymond Jones (REF), Steven D. Polito (REF), Jessica L. Hill (REF) and Amy
M. Shaver (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .139 to a high of .258 (Over THREE times
the legal limit). Eight of these defendants refused the chemical test. The State
of Iowa has a legislatively set, presumptive level of intoxication of .08. The twenty-one
defendants found guilty of OWI Second offense ranged in age from 20 years of age
to 51 years of age with a mean average of 27 years of age at the time of their offense.
Of the eighty-eight defendants sentenced for OWI first, second or third offense,
fifty-one tested over .160 (twice the legal limit), refused testing or were arrested
for driving under the influence of drugs other than alcohol.
There was one defendants sentenced this reporting period 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: Angelina M. Sandoval-Alvarez (REF). Alvarez
was sentenced to five years in prison, fined $3125 and had her driving privileges
revoked for six years. All or part of her prison sentence may be served in an OWI
Correctional Facility such as the one operated by the Department of Corrections
at the FortDes 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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