On June 27, 2011, Diego Rodriguez was sentenced in Polk County Criminal Number FECR237396 for the crime of Possession of a Controlled Substance with Intent to Deliver (Marijuana). The Court granted Diego Rodriguez 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.

On June 27, 2011, Bernard Stigler was sentenced to prison in Polk County Criminal Number AGCR228244 for a period not to exceed 10 years for the crime of Possession of a Controlled Substance with Intent to Deliver. The Court revoked the probation previously granted to the defendant. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau

Melissa Irish pled guilty in FE245185 to Fraudulent Practice 2nd Degree for receiving unemployment benefits which she was not entitled to receive. She failed to report income she as receiving while making claims for unemployment benefits. She will be sentenced in August.

Kyle Ruepke admitted he violated the terms and conditions of his probation in FE215325. He is currently under a deferred judgment for the charge of Theft 1st Degree. He was sentenced to prison and then granted a reconsideration of that sentence in 2008. This is the second time he has been alleged to have violated the terms of his probation. Disposition will be July 12.

Anthony Bandiero admitted he violated the terms and conditions of his probation by being arrested on new misdemeanor burglary charges. He is on probation in FE227490. In addition to the new charges, he admitted he failed to report to his PO as required and failed to attend required programming as well as failing to maintain employment. He will be sentenced July 12.

Charrelle Shetworth was sentenced to probation in FE243250 and AG244555. She had previously pled guilty to the charges of Criminal Mischief 2nd Degree, Operating a Motor Vehicle without Owner’s Consent and Prostitution. She had attempted to steal a car and when confronted, while still in the car, she accelerated the car in reverse, hit a brick building causing internal and external structural damage. She also admitted to was trading sexual favors for other things. She was granted concurrent suspended sentences and will be on probation for two (2) years.

Junior Quiah was granted a deferred judgment in FE242591 for the charge of Burglary 3rd Degree. He was placed on probation and will be required to make restitution for money taken.

On June 27, 2011, Troy McCombs pled guilty to the crime of Possession of a Controlled Substance, methamphetamine, With Intent to Deliver, a Class C felony, and admitted that he is a second or subsequent offender, in case number FE245110. He faces a maximum indeterminate term of thirty (30) years in prison, and will be required to serve a mandatory one-third of this sentence prior to becoming eligible for parole. He will be sentenced on August 11, 2011 at 8:30 a.m. in courtroom 208 of the Polk County Courthouse. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 27, 2011, David Carmenatte pled guilty to the crime of Perjury, a Class D felony, in case number FE246102 and admitted that he violated his probation in case number FE235810. He had been previously granted probation for a charge of Conspiracy to Deliver a Controlled Substance, methamphetamine, a Class C felony. He was sentenced to a maximum indeterminate term of five (5) years in prison for the Perjury charge and ten (10) years in prison for the probation violation, to be served concurrent to each other, and will be required to serve a mandatory one-third of the ten (10) year sentence prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

James Bush appeared for a bond review hearing in FE246386. He is charged with Forgery as a habitual offender. He is on parole and was asking the Court to exonerate his bond so he could be free to address his parole hearing. The Court agreed with the State of Iowa that his bond on this matter did not need to be exonerated to allow him to face his parole hearing and denied the modification.

Alison Ruiru appeared for sentencing in FE244375 on the charge of Fraudulent Practice 1st Degree. Although the State agreed to probation, the Court, in consideration of her prior history, sentenced her to imprisonment for ten (10) years. The Defendant had received funding through the Department of Human Services Promise Jobs program. She reported she was taking classes in Eldora and Chariton. She fraudulently reported mileage and child care for reimbursement. In addition, the Defendant admitted she violated the terms and conditions of her probation by committing this new offense. She was on probation for committing fraud against DMACC when she was supposedly taking classes through that program. The Court revoked her probation in FE216568 and FE217390 and imposed the original sentence of five (5) years each, consecutive. Contrary to the State’s recommendation, the Court ran her sentences in the probation matters concurrent to the fraudulent practice sentence for a total period of incarceration not to exceed ten (10) years. She is ordered to pay restitution in the amount of $16,572.91 to the Department of Human Services.

Lindsey Oswald and Joni Ernst are both on probation in totally unrelated matters but both appeared for probation violation hearings regarding the same issue. Oswald and Ernst are both required to pay restitution for their criminal actions. They have both been on probation for nearly five (5) years and have not paid their restitution in full. The Code of Iowa requires a person not be discharged from probation until they have paid victim restitution in full; however, a person on a felony charge cannot be on probation for more than five (5) years. In 2010, the Iowa Legislature amended the code to allow the Court to order probation extended for a year after the term has expired to allow the Defendant to fulfill his/her restitution obligation. In each of the above referenced cases, the Court did continue and extend the Defendants’ probations for another year and required them to fulfill their respective restitution obligations.

Alonzo Gibbs appeared for a bond review in FE246553. He and several other young men are charged with Robbery 1st Degree. Gibbs is from out of state and has a warrant in Florida on an unrelated charge. Pre-trial release interviewed the Defendant for a supervised release program and reported to the Court that he was not deemed to be a good risk for release. His attorney sought a modification of his cash only bond and the Court declined due to the nature and circumstances of the charged offense.

On June 28th, 2011, Jose Ponce, FECR245421, came before the court and entered a guilty plea to the offense of possession of a controlled substance with intent to deliver-cocaine salt hydrochloride, as alleged in the 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. The defendant waived time and notice and requested immediate sentencing. The Court granted the defendant a deferred judgment and placed him on probation for five years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 28, 2011, John Reynolds admitted that he had violated his probation in case number FE225193. He had been previously convicted of Possession of a Controlled Substance, marijuana, With Intent to Deliver, a Class D felony. His probation was revoked and he was sentenced to a maximum indeterminate term of five (5) years in prison. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 28, 2011, Cody Warner admitted that he had violated his probation in case number FE234849. He had been previously convicted of Possession of a Controlled Substance With Intent to Deliver and Failure to Possess a Tax Stamp, Class D felonies. His probation was revoked and he was sentenced to a maximum indeterminate term of two (2) years and five (5) years in prison, to be served consecutive to each other, but concurrent to his sentences in Warren County, Iowa for Forgery and probation violation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 28, 2011, Jose Nava-Flores pled guilty and was sentenced for the crime of Possession of a Controlled Substance, methamphetamine, With Intent to Deliver, a Class C felony, in case number FE245593. 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

On June 29, 2011, Rebecca Byrnes pled guilty in Polk County Criminal Number FECR244910 to two counts of Delivery of a Controlled Substance (Methamphetamine). 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 29th, 2011, John H. Habick, FECR243089, pled guilty to the offense of Possession of Ephedrine or Pseudoephedrine with Intent it be used to Manufacture a Controlled Substance, as alleged in Count III of the Trial Information, in violation of Iowa Code Section 124.401(4), a Class D Felony and Possession of Lithium with Intent it be used to Manufacture a Controlled Substance, as alleged in Count IV of the Trial Information, in violation of Iowa Code Section 124.401(4), a Class D Felony. The defendant waived time and notice and requested immediate sentencing. The Court sentenced him to prison for five years on each count but ran them concurrent to each other for a total period of incarceration not to exceed five years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Katae Viphongxai pled guilty to Burglary 3rd Degree in FE244212 pursuant to North Carolina v. Alford. Although he did not make a factual basis, he admitted to the Court that he was receiving a benefit in the plea agreement into which entered and that if the case were presented to the Jury, there is a probability he would be convicted. The Court was advised the Defendant is currently being held in jail by Homeland Security Immigration and Customs Enforcement. The Court granted him probation, which is to begin if and once he is released from the ICE hold. He will be immediately transferred to ICE custody and deportation proceedings will be commenced.

On June 30, 2011, Tyson Wells was sentenced for the crime of Possession of a Controlled Substance, cocaine, With Intent to Deliver, a Class C felony, in case number FE241874. He had previously admitted that he is an habitual offender and was sentenced to a maximum indeterminate term of fifteen (15) years in prison. He will be required to serve a mandatory one-third and a mandatory minimum three (3) years of this sentence prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Joseph Reisberg was granted a deferred judgment in FE244758 on the charge of Burglary 2md Degree. Reisberg and a friend forced their way into an apartment to settle a dispute and assaulted the residents. Reisberg just turned 18 and is will begin his senior year in high school. He is required to attend school and perform well as part of his probation. He is also required to participate in an assaultive behavior class. The co-defendant will be sentenced in August.

On June 30, 2011, Desiree Gomez admitted that she had violated her probation in case number FECR234891. She had been previously granted probation for the crime of Conspiracy to Deliver a Controlled Substance, methamphetamine, a Class C felony. She was sentenced to a maximum indeterminate term of ten (10) years in prison and will be required to 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.

State of Iowa v. Jose Ayala – FECR245853 – This defendant was arraigned on the charge of Child Endangerment as a Class D Felony and entered a plea of not guilty. A pretrial conference was set for July 28, 2011, at 2:00 p.m. in Room 204 and trial was set for August 29, 2011.

State of Iowa v. Kyle Habrich – FECR246613 – This defendant was arraigned on the charges of Conspiracy to Manufacture a Controlled Substance – Methamphetamine, a Class C Felony; Possession of Ephedrine or Pseudo Ephedrine, a Class D Felony; Possession of Lithium, a Class D Felony; Possession of Ethyl Ether, Class D Felony and to all these charges entered a plea of not guilty. A pretrial conference was set for July 28, 2011, at 1:30 p.m. in Room 207 and trial was set for August 29, 2011.

State of Iowa v. Sara Shaw – FECR238048 – This defendant plead guilty in May to Fraudulent Practice in the Second Degree, a Class D Felony for unlawfully receiving over $1,000 in unemployment benefits to which she was not entitled. The defendant received a suspended five year prison sentence and was placed on two years of probation. She was ordered to complete 140 hours of community service as a condition of her probation.

State of Iowa v. Aaron Darr – FECR244544 – This defendant plead guilty in May to Theft in the Second Degree, a Class D Felony for stealing from his employer more than $9,000. The defendant received a deferred judgment, was placed on two years of probation, ordered to pay a civil penalty of $750, and ordered to make full restitution to the victim.

State of Iowa v. Adrienne Forbush – FECR245500 – This defendant plead guilty to two counts of Forgery as Class D felonies for presenting two stolen checks without any authority to do so and with the intent to defraud. Sentencing was set for August 18, 2011, at 9:00 a.m. in Room 204.

State of Iowa v. Michael Ashby – FECR244640 – This defendant plead guilty to Forgery as an aggravated misdemeanor for presenting a stolen check with the intent to defraud. The defendant received a deferred judgment and was placed on two years of probation and ordered to perform 86 hours of community service as well as any other terms and conditions imposed by the probation officer.

State of Iowa v. Eugene Beakler – SRCR243698 – This defendant appeared for sentencing on Domestic Abuse Assault Causing Injury and received 30 days in jail.

State of Iowa v. Jesse Moss – FECR246146 – This defendant plead guilty Theft in the Third Degree, an aggravated misdemeanor as a lesser included offense in the trial information for taking money from his employer while at work. The defendant received a deferred judgment, was placed on one year of probation, ordered to pay restitution and comply with any other terms and conditions as provided by probation officer. The defendant was also ordered to obtain a substance abuse evaluation and comply with any recommendation.

On July 1, 2011, Charles D. Utter appeared in Polk County District Court in criminal number FE 243730 for sentencing. Utter earlier pleaded guilty to Manufacturing a Controlled Substance (in excess five grams of methamphetamine) as a Second of Subsequent Offender. Utter was sentenced to a term of imprisonment not to exceed 30 years. He must serve a mandatory one-third of his sentence before he is eligible for parole. Utter’s mandatory minimum was reduced by one-third based on his acceptance of responsibility. Utter was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 6th, 2011, Larry S. Pettinger, FE242905, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-marijuana, as alleged in Count II of the Trial Information, in violation of Iowa Code Sections 124.401(1)(d), a Class D Felony, with application of the firearm enhancement, in violation of Iowa Code Section 124.401(1)(e). On July 1st, 2011, the defendant came before the court for sentencing and received a ten year prison sentence. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On July 1, 2011, Beth Jones was sentenced in Polk County Criminal Number FECR246048 to an indeterminate term of incarceration not to exceed 5 years for the crime of Failure to Possess a Tax Stamp, to a term of incarceration not to exceed 2 years for the crime of Possession of a Controlled Substance with Intent to Deliver (Alprazolam), and to a term of incarceration of 1 year for the crime of Possession of a Controlled Substance (Methamphetamine). The Court granted Beth Jones a suspended sentence and placed her on probation for a period of 5 years. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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