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Weekly Case Summary
07/11/2011

In State of Iowa v. Scorpio Dantzler, a guilty plea was scheduled. The defendant entered a plea of guilty to Count I Burglary in the Third Degree, a class D felony and will be sentenced on August 22, 2011 at 10:00 a.m. in courtroom 204.

In State of Iowa v. David Parson IV, criminal no. FECR246365, the victim, who is the defendant’s father, appeared in court and under oath stated his reasons to the court for wanting to have the court cancel the previously entered no contact order. The court did so.

In State of Iowa v. William Hinkle, criminal no. FECR245467, the defendant entered a plea of guilty to Theft in the Third Degree, an aggravated misdemeanor. This is a lesser included offense of Theft in the Second Degree. He was placed on probation for two years and ordered to pay restitution.

In State of Iowa v. Susannah Renee Place, criminal no. AGCR244480, the defendant, was sentenced for an OWI first offense guilty plea that she entered on May 16, 2011, and was also sentenced for Neglect of a Dependent Person. She received a deferred judgment and two years probation for Neglect of a Dependent Person, but was not eligible to receive a deferred judgment on the OWI because she refused a test.

In State of Iowa v. Randall Scott Smith, AGCR217554, the defendant had a probation revocation hearing scheduled. Because he has a pending case for Failure to Register, that hearing was continued until the pending case is resolved.

In State of Iowa v. Michael Herteen, case no. OM70799, the defendant stipulated to the minutes of testimony which is his agreement that if the State’s witnesses were called to testify at trial, they would testify consistently with the notice that the defendant received from the State in the minutes of testimony. The defendant is alleged to have been driving under the influence and causing an accident that resulted in a serious injury.

07/12/2011

Theresa L. Wettengel was arraigned in FECR246840 on the charges of Conspiracy to Deliver a Controlled Substance, Possession of a Controlled Substance with the Intent to Deliver, and Failure to Posses a Tax Stamp. The defendant entered pleas of not guilty. A pre-trial conference and trial date were scheduled.

Dyllon J. Morgan was arraigned in FECR247770 on the charges of Burglary in the Third Degree and Theft in the Second Degree. The defendant entered pleas of not guilty. A pre-trial conference and trial date were scheduled.

John David Henderson was arraigned in FECR247187 on the charge of Child Endangerment Causing Serious Injury. The defendant entered a plea of not guilty. A pre-trial conference and trial date were scheduled. Additionally, Mr. Henderson was scheduled for a Bond Review. However, the defendant’s attorney withdrew his request for a bond review consequently the bond remained the same.

Jamie A. Johnson was arraigned in FECR247195 on the charge of Burglary in the First Degree. The defendant entered a plea of not guilty. A pre-trial conference and trial date were scheduled.

Troy Eugene Collins was arraigned in FECR247196 on the charge of Burglary in the First Degree. The defendant entered a plea of not guilty. A pre-trial conference and trial date were scheduled.

John Lynn Thomas arraignment was moved to Misdemeanor Courtroom 211 on the charge of Assault by Use or Display of a Dangerous Weapon, and Aggravated Misdemeanor.

Kyle J. Ruepke was scheduled for a probation revocation disposition hearing in FECR215325. The defendant was on a deferred judgment for Theft in the First Degree, a Class C Felony. The defendant previously stipulated to the report of violations and an evidentiary hearing was held regarding disposition. The probation officer and the defense attorney recommended revocation of the deferred judgment, however continued probation. The State recommended revocation of the deferred judgment and imposition of the original sentence. The defendant failed to meet even the elementary requirements of probation during his 10 year on probation. Specifically, the defendant failed to report to his probation officer as scheduled, the defendant did not provide UA’s as scheduled, the defendant failed to work. Accordingly, the Judge ordered revocation of the defendant’s deferred judgment and imposed the original 10 year prison sentence for this defendant.

Anthony Bandiero was scheduled for a probation revocation hearing in FECR227490 and a plea and sentencing in AG248080 on the charge of Burglary of an Unoccupied Motor Vehicle. The defendant stipulated to the report of violations, agreed to have his deferred judgment revoked in FECR227490. In AG248080 the defendant pled guilty to two counts of Burglary in the Third Degree. The defendant was granted probation. As a condition of probation the defendant is to remain in custody until a bed was available at the Fort Des Moines Residential Facility.

Sage Tallon was scheduled to enter a plea in FECR245883. The defendant and his attorney requested the plea date be continued until July 20, 2011 so the defendant and attorney could confer regarding the case. Plea was rescheduled and trial was additionally rescheduled until August 17, 2011.

On July 12, 2011, Jerry Espey was sentenced for the crimes of Robbery in the Second Degree, Theft in the First Degree and Conspiracy to Deliver a Controlled Substance while in the immediate possession or control of a firearm, in case number FE244343. He was sentenced to a maximum indeterminate term of ten (10) years on each count and these terms were ordered to run consecutive to each other for a total of thirty (30) years in prison. He must serve a mandatory seventy percent (70%) of the ten (10) year term for Robbery in the Second Degree prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 20, 2011, Defendant Raymond Boydston, entered a plea of guilty to the charges of: Possession of a Controlled Substance With Intent to Deliver and Failure to Possess a Tax Stamp, as alleged in the Trial Information, each a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d), 453B.3 and 453B.12. On July 12, 2011, Defendant Raymond Boydston, was sentenced to a period of incarceration not to exceed 10 years for the charges of: Possession of a Controlled Substance With Intent to Deliver and Failure to Possess a Tax Stamp, as alleged in the Trial Information, each a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d), 453B.3 and 453B.12. The sentence in this matter was suspended and the defendant was placed on probation for a period of 5 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Raymond Boydston was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

07/13/2011

Pamela Kiesling plead guilty to Forgery (an Aggravated Misdemeanor) and was granted a probation.

Nicole Weese appeared before the court having successfully completed an in-jail program. She was continued on probation with additional terms.

Daryl Johnson appeared before the court and plead guilty to Assault with Intent to Commit Sexual Abuse. Sentencing was set for July 22, 2011.

Barbara Hulsebus plead guilty to Theft in the First Degree. Sentencing was set for August 29, 2011.

Stephanie Burkett appeared before the court to be sentencing on two counts of Theft in the Second Degree. In addition, she previously agreed that she had violated the terms of her probation. She was sentenced to prison for a period not to exceed five years.

David Robinson plead guilty to Child Endangerment. Sentencing was set for September 2, 2011.

Daniel Ockenfels plead guilty to Operating a Motor Vehicle Without Owner’s Consent and was sentenced to 120 days in jail.

Earl Smith was arraigned on charges of Willful Injury. Trial was set for September 12, 2011.

Sarah Simmons was arraigned on charges of Forgery. Trial was set for September 12, 2011.

Andrew Comegys was arraigned on charges of Possession of a Controlled Substance. Trial was set for September 12, 2011.

On July 13, 2011, Robert Taylor pled guilty to Burglary in the 2nd Degree. The defendant waived time before sentencing. The Court granted the defendant probation. He will remain in jail until there is bed space available at MECCA.

07/14/2011

On May 10th, 2011, Craig E. Tracy, FE243973, pled guilty to Manufacturing a Controlled Substance-marijuana, as alleged in Count I of the Trial Information, in violation of Iowa Code Section 124.401(1)(d), a Class D Felony. On June 20th, 2011, the defendant appeared before the court for sentencing and received a deferred judgment. The State of Iowa recommended a five year suspended sentence and probation. After sentencing, the probation office discovered that the defendant had received two previous deferred judgments and was thus not eligible for another one. On July 14th, 2011, the defendant appeared before the court for re-sentencing. He received a five year suspended sentence and probation with the applicable fine, court costs and got his driver’s license revoked for one hundred and eighty days. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On July 14, 2011, Kevin Kraft challenged the State’s request for victim restitution. He had previously pled guilty, pursuant to North Carolina vs. Alford, to 2 Counts Assault with Intent to Inflict Serious Injury and Criminal Mischief in the 3rd Degree. After a full evidentiary hearing, the Court denied the defendant’s motion. The Court granted the entire amount of requested restitution.

On July 14, 2011, Defendant David Hadley, entered a plea of guilty to the charge of: Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation, or Subterfuge, as alleged in the Trial Information, a Class C Felony, in violation of Iowa Code Section(s) 124.401(1)(c)(8), 155A.23 and 155A.24. Defendant David Hadley, was sentenced to a period of incarceration not to exceed 10 years for the charge of: Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation, or Subterfuge, as alleged in the Trial Information, a Class C Felony, in violation of Iowa Code Section(s) 124.401(1)(c)(8), 155A.23 and 155A.24. The sentence in this matter was suspended 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. David Hadley was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

State of Iowa v. Patrick Young – AGCR246978 – This defendant was arraigned on one charge of Possession of a Controlled Substance With Intent to Deliver as a Class D Felony and entered a plea of not guilty. Pretrial conference was set for August 11, 2011, at 2:30 p.m. in Room 207 and trial was set for September 12, 2011.

State of Iowa v. Daniel Thurman, Sr. – FECR245629 – This defendant plead guilty to Fraudulent Practice in the Third Degree as a lesser included offense of the charge in the trial information. The defendant admitted under reporting the amount of a car purchased when registering that car with the county. By under reporting the purchase price of the car, the defendant failed to pay over $1,500 in taxes resulting in the charge of Fraudulent Practices. The defendant admitted taking this action and plead guilty. He was fined $750 and ordered to make restitution to the Iowa Department of Revenue.

State of Iowa v. Barbara Hulsebus – FECR246089 – This defendant plead guilty to Theft in the First Degree and admitted taking over $10,000 from her employer. Sentencing was set for August 29, 2011, at 9:30 a.m. in Room 204.

On July 14, 2011, Shari Sloan was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE243882. She was sentenced to a maximum indeterminate term of ten (10) years and must serve a mandatory one-third term prior to becoming eligible for parole. However, this sentence was suspended and she was placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

07/15/2011

Scott William Atkinson entered Drug Court in FE244312 on July 15, 2011. He admitted he committed the offenses of Eluding and operating while intoxicated 1st offense. The Drug Court program is a minimum of 16 months under intense court and probation supervision. He is required to participate in a residential treatment program and will then reside at a ½ way house while in the program. Upon successful completion of the program, he will be granted continued probation. Atkinson was on parole when he committed the current offense, the Parole Judge and his parole officer agreed he should be given the opportunity to participate in Drug Court in lieu of a revocation of his parole at this time.

On May 27, 2011, Defendant Laron Coates, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver, as a second or subsequent offender, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). On July 15, 2011, Defendant Laron Coates, was sentenced to a period of incarceration not to exceed 10 years for the charge of: Possession of a Controlled Substance With Intent to Deliver, as a second or subsequent offender, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). Laron Coates was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On July 15th, 2011, Pom Siriphong, FECR245940, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-methamphetamine, as alleged in the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony without the Second or Subsequent Offender sentencing enhancement. The defendant waived time and notice and agreed to immediate sentencing. He was sentenced to prison for 10 years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

State of Iowa v. Robert Craig Brule FE245972, AG246278, SM320269 On July 15, 2011, Robert Craig Brule appeared in Polk County District Court and pled guilty to Burglary in the Second Degree, Criminal Mischief in the Third Degree, Possession of Burglary Tools, and Criminal Mischief in the Third Degree. The charges arose on April 25, 2011, when the Defendant was involved in breaking into apartment buildings and stealing from the coin operated washing machines. During the commission of the crime the Defendant damaged the washing machines. He also damaged the patrol car after his arrest. The Defendant was sentenced to ten (10) years in prison on the Burglary in the Second Degree charge, two (2) years in the prison on the Criminal Mischief in the Third Degree charge, two (2) years on the Possession of Burglary Tools charge, and two (2) years on the Criminal Mischief Third Degree charge. The sentences were ordered to be served concurrently for a total of ten (10) years. The Defendant is also facing a Probation Violation in Pottawattamie County. The crimes for which he was sentenced on July 15, 2011, will be considered violations of his Pottawattamie County probation. The Defendant’s Pottawattamie County probation is expected to be revoked and the Defendant sentenced to a term of twenty-five (25) years.

State of Iowa v. Evan Royce Wilkerson FE246557 On July 15, 2011, the Defendant, Evan Royce Wilkerson, appeared in Polk County District Court and pled guilty to Assault Causing Serious Injury, Court I, and Assault with a Dangerous Weapon, Count II. The charges arose on May 5, 2011, when the Defendant assaulted William Benskin during an altercation at the Cabaret West Glen located at 560 S. Prairieview Drive in West Des Moines, Iowa. The Defendant assaulted William Benskin with a broken beer bottle and without justification. The Defendant was sentenced to five (5) years in prison on Count I and two (2) years in prison on Count II. The sentences were ordered to be served concurrently for a total of five (5) years.

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