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One Hundred Thirteen Defendants were sentenced for Operating while under the Influence
(OWI) in Polk County District Courts the weeks of June 14, 21 and 28, 2010.
Eighty-five 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 June 14, 21
and 28, 2010.were:
Margarito M. Santos (.083), Samuel J. DeAngelo (.086), Kala A. Hagen (.092), Matthew
A. Boyles (.106), Brent Allen (.107), Aaron A. Larimer (.109), Mutaz A. Elzubeir
(.113), Samantha K. Henderson (.119), Christopher R. Leebens (.120), Gerald G. Gering
(.121), Nicholas J. Toussaint (.124), John L. Lako (.126), Adam Michael Fisher (.131),
Jamin T. Rubenbauer (.132), Timmy D. James (.133), Juanita K. Rice (134), Kyle W.
Kuhns (.134), Eduardo M. Huerta (.135), Mandi L. Felt (.137), Oscar Zavalta-Sanchez
(.138), Steve M. Wenner (.139), Elvis Skaljic (.140), Michael Sotter (.141), Timothy
G. Lewis (.141), Jessica M. Lewis (.145), Isaiah Oakley (.145),Jennifer L. Casteel
(.150), Honey M. Phommavong (.151), Jesse Hamilton (.153), Andrew J. Wall (.153),
Magon C. Gaines (.156), Yong Banak (.156), Jeffery G. Anders (Test Suppressed by
the Court), Keith Jones (.158), Bryce Bernard (.158), Christopher W. Krohn (.161),
Bradley J. Paterno (.162), Jose B. Andrade (.164), Nicolas Ortiz (.165), Sean T.
Connell (.170), Kristy A. Waage (.171), Justin P. Cervetti (.171), Jacob M. Keese
(.173), Vilakone Lovan (.175), Andres Reyes (.178), Oscar Molina-Astudillo (.181),
Mariely E. Morales (.183), Natividad Zapata-Delacruz (.183), Eric D. Johnson (.184),
Minh D. Nguyen (.193), Sandra Gilliam (.196), Jason M. McFall (.204), Harold R.
Conklin (.208), Margaret A. Hintze (.211), Daniel J. Chamberlain (.221), Larry R.
Batchelor (.223), Robert D. Cooney (.225), Michelle M. Crawford (.242), William
R. White (.243), Eric M. Steen (.258), Kylie M. Wilson (.262), Donald Gene Browder,
Jr. (.262), Justin J. Copic (266), Jeffrey P. Heaton (.266), Joseph R. Kingery (.289),
Thomas E. Smith (DRE/.092), Taylor Goldsberry (DRE), Alexander G. Abyel (DRE), Jermaine
L. Reed (DRE), Ivory Thomas Brown (DRE), Patrick J. Henkenius (REF), Dale L. Clayton
(REF), Harold Wildaman, Jr. (REF), Jose V. Patricio (REF), Marleena F. Trotter (REF),
Mdeng A. Mlouk (REF), Travis Williamson (REF), Darren J. Beverage (REF)John B. Chesson,
Jr. (REF), Xavier Gomez (REF), Susann Delgado (REF), Ricardo Perry (REF), Ryan Haugen
(Haugen was convicted of TWO first offenses, he refused testing on both, he was
sentenced to serve 19 days in jail and fined $2500), Tiffany Hussman (No test available),
and William T. Bates (No test available).
Of those defendants sentenced for OWI first offense this report, thirty had a test
of greater than .160 (twice the legal limit) and thirteen refused the chemical test.
The low chemical test among this group was .083 and the high test was .289 (THREE
and ONE HALF times the legal limit). Five 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 29 years of age. The youngest was 18 and the
oldest 70. The age group 18-25 comprised 37.6% of those who were sentenced this
reporting period.
Twenty-four 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: Miguel Ramirez (.083), Leroy Haws,
III (.108), Richard C. Dresback (.127) & (.158) (Dresback was found guilty of
TWO second Offenses and was sentenced to 45 days in jail and fined of $3750), Alvin
N. Treloar (.128), Robert E. Hermann (.131), Shelly Bodine (.139), Shane Eugene
Kartchner (.154) Kartchner was sentenced to two years in prison; Matthew J. Graw
(.160), Matthew C. Bice (.163), Christina A. Barker (.177), Michael Churchill (.178),
Clinton R. Robbins (.178), Michael R. Quick (.205), Leslie L. Warren (.218), Jermaine
Day (REF) Day was sentenced to two years in prison, he was sentenced on two counts
of second offense OWI; Dustin J. Handy (REF), Henrietta D. Reed (REF), Todd M. Spink
(REF), Mark Nicola (REF), Robert A. Newcomb (REF), Joshua Schumacher (REF), Vann
How (.203), and Chad B. Peterson (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .083 to a high of .218 (Almost THREE
times the legal limit). Nine of these defendants refused the chemical test. The
State of Iowa has a legislatively set, presumptive level of intoxication of .08.
The twenty-four defendants found guilty of OWI Second offense ranged in age from
23 years of age to 67 years of age with a mean average of 34 years of age at the
time of their offense.
Of the one hundred thirteen defendants sentenced for OWI first, second or third
offense, sixty-eight tested over .160 (twice the legal limit), refused testing or
were arrested for driving under the influence of drugs other than alcohol.
There were three 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 were: Cortney Darwin Lynam (DRE), Charles F.
Ferlitsch (REF), and Lopez Scott (.164). Lynam, Ferlitsch, and Scott 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 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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