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Weekly Case Summary
06/06/2011

Jennifer Benshoof was arraigned on Criminal Mischief in the Second Degree. Trial is set for August 1st , 2011.

Samuel Clark entered a written arraignment for drug violations. Trial is set for July 20th, 2011.

Derek Thomas was arraigned on a drug charge and Interference with Official Acts causing Bodily Injury. Trial is set for August 1st, 2011.

Amy Schomaker was arraigned on drunk driving violations. Trial is set for August 1st, 2011.

Mary Kelly purged her sentence of contempt and was continued on probation.

Anthony Gryp was sentenced to an indeterminate sentence of two years in prison and 365 days in jail for Theft in the Fourth Degree and Theft in the Third Degree. Those sentences are to run concurrent.

Gregory Gearhart pled guilty to Criminal Mischief in the Second Degree. Sentencing is set for July18th, at 10 a.m. in Courtroom 204.

Dion Marcus Canady was sentenced to prison for an indeterminate term totaling 11 years.

Junior Karla was found that his competency has been restored and trial is set for July 18th, 2011.

Timothy Huddleton’s restitution remained as previously ordered.

06/07/2011

On June 7, 2011, David A. Ewing pled guilty in Polk County Criminal Number FECR242437 to the crime of Possession of a Controlled Substance with Intent to Deliver (Cocaine Salt Hydrochloride) as a Habitual Offender and Assault on a Police Officer. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Lawanda Jones was granted a Deferred Judgment in FE244466 on the charge of Forgery and placed on probation for two (2) years. The Court cited the plea agreement reached between Assistant County Attorney Justin Allen and the defense and that the Defendant had no prior criminal history. The Court noted other pending charges in Dallas County, which were resolved with a conviction for an aggravated misdemeanor forgery. The Defense advised the Court that although the Defendant was wanted as a fugitive from justice from Michigan, Michigan was not seeking extradition. The Defendant will request the Department of Corrections transfer her probation to Michigan. There is also a fugitive from justice warrant from Wyoming which the Defendant will have to face.

Manuel Llano, Jr. is charged with Burglary 1st Degree and Possession of Marijuana in FE246813. His bond was originally set as cash only. The Department of Corrections pretrial release program interviewed the Defendant and verified references in anticipation of the Court’s agreement to release Defendant from custody pending resolution of his case to the supervision of the Department. The Court, with no objection from the State, did agree to allow Release with Services to post Defendant’s bond. He will be required to comply with a curfew, meet with a supervising officer on a regular basis, be employed and comply with any programming they require, such as substance abuse treatment.

Susan Martz pled guilty and was granted a Deferred Judgment in FE245373 for the charge of criminal mischief 2nd degree. Ms. Martz admitted to the Court that she had an ongoing dispute with her neighbor. She broke the side view mirrors on his vehicle and put sugar in his gas tank. Ms. Martz has since moved, has no prior criminal history and recognized that she should have found a better way to resolve her neighborhood disputes.

Alonzo L. Jeffrey was sentenced to fifteen (15) years in prison in several cases. He pled guilty in April to Theft 1st and four counts of Aggravated Theft. He also pled guilty to five counts of assault on peace officers for spitting on officers in the jail. He asked the Court to take his mental health into consideration and run all his sentences concurrent. The State had agreed to run all the thefts concurrent, but asked the Court to consider each assault separately. The Court, citied the Defendant’s criminal history and his historical failure to maintain his medication regimen when granting the State’s request for consecutive one year sentences on each of the assaults.

On April 19th, 2011, Delfino Cruz-Martinez, FECR243546, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-methamphetamine, as a lesser included offense of Count I of the Trial Information, in violation of Iowa Code Sections 124.401(1)( c )(6), a Class C Felony. On June 7th, 2011, he came before the Court for sentencing. The Defendant received a 10 year suspended sentence and was placed on probation for five years with the requirement that he serve a mandatory one third of that ten year sentence should his probation get revoked. This case was prosecuted by the Polk County Attorney’s Drug and Gang Bureau.

On June 7, 2011, Jacob Wiese pled guilty and was sentenced for the crime of Possession of a Simulated Controlled Substance, methamphetamine, With Intent to Deliver, a Class C felony, in case number FE244970. He was sentenced to a maximum indeterminate term of ten (10) years in prison. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

06/08/2011

On June 8, 2011, Elizabeth Anderson pled guilty in Polk County Criminal Number FECR245109 to the crime of Possession of a Controlled Substance with Intent to Deliver (Vicodin). Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 8, 2011, Philife Skinner pled guilty to the crime of Possession of a Controlled Substance, cocaine, With Intent to Deliver, a Class B felony, in case number FE240084. He will be sentenced on July 26, 2011 at 11:00 a.m. and faces a maximum indeterminate term of twenty-five (25) years in prison with a mandatory one-third. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On February 2, 2011, Defendant Henry S. Lozano, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). On June 8, 2011, Defendant Henry S. Lozano, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). The sentence in this matter was deferred and the defendant was placed on probation for a period of 2 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Henry S. Lozano was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 20, 2011, Defendant Bradley J. Osborne, entered a plea of guilty to 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). On June 8, 2011, Defendant Bradley J. Osborne, 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). The sentence in this matter was suspended and the defendant was placed on probation for a period of 4 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Bradley J. Osborne was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 8, 2011, Kiah Dorr Lacombe stipulated to violating her probation. The Court revoked her probation and sentenced her to prison for a term not to exceed two years.

In State of Iowa v. Charles Richard Dennison, a hearing was held and an order entered by the Court finding that his competency to be tried in criminal court has been restored and therefore, his case will proceed pursuant to all time restrictions as set forth in the rules.

A sentencing was scheduled in the cases of State of Iowa v. Terry Lee Fisher, CR243332, as well as two traffic citations. Mr. Fisher pleaded guilty to felony Eluding. He was intoxicated at the time. Police tried to pull him over and he ran from police. His sentencing was continued to allow him an opportunity to line up treatment.

In the case of State of Iowa v. Jonathan Craig Parker, CR215772, a revocation hearing was scheduled. The defendant was placed on probation in the past and violated the terms and conditions of his probation causing the probation officer to file a report of violations with the court. He stipulated that he violated the terms and conditions of his probation as set forth in the report of violations filed by the Department of Corrections and as an added condition, or change in terms of his probation, he is required to reside at the Fort Des Moines Men’s Residential Facility when a bed becomes available.

In State of Iowa v. Adam E. Baldwin, CR230706, another revocation hearing was scheduled. He too, was alleged to have violated his probation. He stipulated and agreed that he violated the terms and conditions of his probation as set forth in the report of violations filed by the Department of Corrections and was ordered to serve 30 days contempt in jail.

In State of Iowa v. Sochampa Eng, CR24421 and SR245969, the defendant entered pleas of guilty to Possession of Marijuana and Burglary in the Third Degree. He will be sentenced on July 18 of 2011, at 10:00 a.m.

In State of Iowa v. Reginald Rashawn White, CR246850 and SMAC321088, the defendant was scheduled to have a bond review as he is still custody. The defendant is charged with Willful Injury and Domestic Abuse assault. His bond was set at $15,000.00 cash only as he had been charged with a felony, was out of custody and picked up these new offenses. That past felony that he was charged with has been disposed of. The court ordered that pretrial release interview this defendant. The bond review was rescheduled to June 10, 2011 at 8:45 a.m.

In State of Iowa v. Barbara Warner, CR242946 and CR244718, the defendant entered a plea of guilty to Theft in the Second Degree, a class D felony. She will be sentenced on July 25, 2011 at 10:00 a.m.

In State of Iowa v. Joshua Dean Taylor, CR234195 and CR228261, the Department of Corrections alleged again that the defendant had violated the terms and conditions of his probation. The main violation of his probation consists of a new charges or charges that are now pending in Marion County. The defendant stipulated that he had violated the terms and conditions of his probation by being arrested in Marion County, as well as any other allegations alleged in the report of violations. He also agreed to have the original prison sentence that he was on probation for imposed. That sentence requires the defendant to serve a maximum of 11 years in prison.

In State of Iowa v. Michael Sherman Bell, CR241623, the defendant was scheduled for sentencing on this day. He received a deferred judgment as he had previously entered a plea of guilty on April 20, 2011 to Willful Injury Causing Bodily Injury.

In State of Iowa v. Nicholas A. Nelson, CR246254, the defendant was scheduled for arraignment and charged with Robbery in the Second Degree. He entered a plea of guilty to the charge of Theft in the First Degree, which is also a class C felony, punishable by up to 10 years in prison as is Robbery in the Second Degree. The defendant will be sentenced on July 20, 2011 at 9 a.m. in courtroom 204.

06/09/2011

Lonnie Ray Arthaloney was sentenced to fifteen years in prison in FE214396. In August, 2007, Arthaloney was driving a stolen car and then led police on a high speed chase as he attempted to elude capture. He pled guilty in November, 2007 and rather than being sentenced at the time, his case was continued to allow him to participate in the Intensive Supervision (Drug) Court program. Arthaloney participated in the program until May, 2011, when he was revoked for absconding supervision. The original agreement called for Arthaloney to be sentenced to concurrent terms of fifteen (15) years with a mandatory minimum three (3) years before he would be eligible for parole.

On June 9, 2011, Elisha Mischke was sentenced for the crime of Conspiracy to Manufacture a Controlled Substance, a Class C felony, in case number FE243202. Despite the fact that she was on probation for felony offenses in Boone, Dallas and Story Counties, and contrary to the State’s recommendation, the Honorable Robert B. Hanson sentenced her to a maximum indeterminate term of ten (10) years in prison, but suspended the sentence and placed her on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 9, 2011, Sean Kelly was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, in case number FE243172. He was sentenced to a maximum indeterminate term of five (5) years in prison, but this sentence was suspended and he was placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 9, 2011, Barbara Macy was sentenced for the crimes of Possession of Ephedrine or Pseudoephedrine and Lithium With Intent It Be Used to Manufacture a Controlled Substance, Class D felonies, in case number FE241817. She was sentenced to a maximum indeterminate term of five (5) years in prison on each count, but these sentences were suspended and she was placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 9th, 2011, Nicole Musso, FECR243313, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-Methamphetamine, as a lesser included offense of Count I of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony and Possession of a Controlled Substance with Intent to Deliver-Oxycodone/Percocet, as alleged in Count III of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(8), a C Felony. The Defendant waived time and notice and requested immediate sentencing. The Court granted her a 10 year suspended sentence and probation on each count. The Court ran both sentences consecutive to each other for a total period of incarceration not to exceed 20 years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

State of Iowa v. Jess Willard – FECR246276 – This defendant was arraigned on the charges of Possession of a Controlled Substance With Intent to Deliver, Marijuana, a Class D Felony and Failure to Possess a Tax Stamp, a Class D Felony. To both of these charges the defendant entered a plea of not guilty and a pretrial conference was set for July 7, 2011, at 2:30 p.m. in Room 207. Trial was set for August 11, 2011.

State of Iowa v. Michael Towne – FECR246362 – This defendant was arraigned on the charge of Possession of a controlled Substance With Intent to Deliver, Marijuana, a Class D Felony and entered a plea of not guilty. A pretrial conference was set for July 11, 2011, at 3:15 p.m. in Room 207 and trial was set for August 11, 2011.

State of Iowa v. Keith Radden – FECR246291 – This defendant was arraigned on the charge of Eluding or Attempting to Elude a Pursuing Law Enforcement Vehicle as a Class D Felony and Operating While Under the Influence of Alcohol or a Drug, a Serious Misdemeanor. To both of these charges the defendant entered a plea of not guilty and a pretrial conference was set for 1:45 p.m. in Room 204 and trial was set for August 3, 2011.

State of Iowa v. Quinto Dennis – FECR242171 – This defendant was charged with Fraudulent Practice in the Second Degree, a Class D Felony and entered a plea of not guilty. Pretrial conference was set for July 7, 2011, at 1:30 p.m. in Room 204 and trial was set for August 3, 2011.

State of Iowa v. Chad Fogarty – FECR246070 – This defendant was arraigned on the charge of Possession of a Controlled Substance With Intent to Deliver, Marijuna, a Class D Felony and Failure to Possess a Tax Stamp, a Class D Felony. To both of these charges the defendant entered a plea of not guilty and a pretrial conference was set for July 7, 2011, at 3:00 p.m. in Room 207. Trial was set for August 3, 2011.

State of Iowa v. J. Davis – FECR230036; SRCR228963 – A probation evidentiary hearing was held to determine if the defendant had violated the terms and conditions of his probation. The court found that the defendant did violate the terms and conditions by not completing after care treatment, not obtaining full time employment, and being an absconder from probation for over ten months. As a disposition for the violation of his probation, the court ordered the defendant to serve the original prison sentence of 12 years. Defendant was taken into the custody of the Iowa Department of Corrections to be taken to Oakdale.

06/10/2011

On April 22, 2011, Defendant Joseph T. Gowdy, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). On June 10, 2011, Defendant Joseph T. Gowdy, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). The sentence in this matter was deferred and the defendant was placed on probation for a period of 2 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Joseph T. Gowdy was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 10, 2011, Pamela Ethell was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE243532. She was sentenced to a maximum indeterminate term of ten (10) years in prison and must serve a mandatory one-third of this sentence prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 14th, 2011, Jesuita Warren, FECR242894, pled guilty to Possession of a Controlled Substance with Intent to Deliver-cocaine base crack, as alleged in Count I of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(3), a Class C Felony without the second or subsequent offender provision and Possession of a Controlled Substance with Intent to Deliver-cocaine salt hydrochloride, as alleged in Count III of the amended Trial Information, in violation of Iowa Code Sections 124.401(1)( c )(2)(b) and 124.401(1)( c )(2)(d), a Class C Felony without the second or subsequent offender provision. On June 10th, 2011, the defendant came before the court for sentencing. The Court sentenced the defendant to prison for ten years on counts I and III of the Trial Information, but ran both courts concurrent to each other for a total period of incarceration not to exceed ten years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 10, 2011, Mandi Stone was sentenced to prison in Polk County Criminal Number FECR240792 for a period not to exceed 25 years for the crime of Possession of a Controlled Substance with Intent to Deliver (Methamphetamine). The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 10, 2011, Vaughndre Singleton pled guilty in Polk County Criminal Number FECR242390 to the crime of Burglary in the Second Degree. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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