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Weekly Case Summary
08/08/2011

On August 8, 2011, Wendy Utter-Herrick was sentenced for the crime of Conspiracy to Manufacture a Controlled Substance, a Class B felony, as a second or subsequent offender in case number FE245226. She was sentenced to a maximum indeterminate term in prison of forty-five (45) years and must serve a minimum term of one-third prior to becoming eligible for parole. This sentence was ordered to run consecutive to her parole revocation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On August 8, 2011, Curtiss Pewick was sentenced for the crime of Conspiracy to Manufacture a Controlled Substance, a Class B felony, as a second or subsequent offender in case number FE245218. He was sentenced to a maximum indeterminate term in prison of forty (40) years and must serve a minimum term of one-third prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On August 8, 2011, Heather Aldridge was found in violation of her probation and ordered to serve a maximum indeterminate term in prison of ten (10) years. She must serve a minimum term of one-third prior to becoming eligible for parole. She was on probation for the crime of Conspiracy to Deliver a Controlled Substance, a Class C felony. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Shawntae D. Young appeared in FE164017 for a probation violation hearing. He had been sentenced to probation in 1993 after his Deferred Judgment was revoked for previous violations of his probation. In 1994 he admitted to his probation officer he had been drinking on at least 3 occasions, after he was caught on a positive breath test. He then absconded supervision for the next 7 years. He unsuccessfully argued to the Court that he should be allowed to post bond or be released on electronic monitoring pending disposition of his probation, which will occur August 16.

Michael Ryan Shelton admitted he violated the terms and conditions of his release in FE243535 by failing to comply with GPS monitoring and failing to attend required meetings. He is being held in jail pending placement at the Fort Des Moines Facility.

Kevin Dyer pled guilty in FE246215 to the charges of possession of methamphetamine and Felon in Possession of a Firearm. He is already on parole for an OWI 3rd. He asked the Court to impose sentence immediately and agreed to a prison term of 6 years consecutive to the time he has remaining on his OWI case.

Kambron Paige stipulated he violated the terms and conditions of his probation in FE243269. He was given credit for 24 days served and continued on probation. He Is required to participate in an increased level of substance abuse treatment in addition to other previously imposed conditions of probation.

On August 8, 2011, Robert Hoeppner pled guilty to Fraudulent Practice 2nd Degree. Sentencing is set for September 20, 2011 at 10:00 a.m. Courtroom 204.

On August 8, 2011, Tyrone Felton stipulated to violating a No Contact Order. The Court sentenced him to serve 150 days in jail.

On August 8, 2011 Nguyen Luong stipulated to violating his probation. The Court ordered that he complete 100 hours and community service and comply with a No Contact Order.

On August 8, 2011, Darryl Johnson was sentenced for Assault with Intent to Commit Sexual Abuse. The Court sentenced him to prison for a term not to exceed 2 years. The Court further ordered all the additional sentencing provisions for a convicted sex offender.

08/09/2011

Armandito Perez-Pena was sentenced in FE244616 for the charge of Theft 2nd Degree. The Court granted him a suspended 5 year sentence and placed him on probation for 2 years.

On August 9th, 2011, Curtis Patterson Jr., FECR246750, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-cocaine salt hydrochloride, as alleged in Count II of the Trial Information, in violation of Iowa Code Sections 124.401(1)( c)(2)(b) and/or 124.401(1)( c )(2)(d), a Class C Felony. The Defendant waived time and notice and requested immediate sentencing. The Court sentenced him to a ten year suspended sentence and probation. This case was prosecuted by the Polk County Attorney’s Drug and Gang Bureau.

08/10/2011

On August 10, 2011, Dino Dautovic was sentenced to prison for Burglary in the 3rd Degree. The Court also revoked his probation for Theft in the 2nd Degree. The sentences were run consecutive to each other for a prison term not to exceed 10 years.

On August 10, 2011, Timothy Allen was sentenced to prison for Burglary in the 3rd Degree and Theft in the 2nd Degree. The Court ran the sentences consecutive to each other for a prison term not to exceed 10 years.

On August 10, 2011, the defendant, Gordon J. Laymon III appeared in Polk County District Court for sentencing. The defendant had previously plead guilty to Eluding or Attempting to Elude Pursuing Law Enforcement Vehicle – Count I and Operating a Motor Vehicle While Under the Influence of Alcohol or Drug – Count II. The charges arose on January 14, 2011, when the defendant fled from the Iowa State Patrol in his 1998 Dodge Stratus through the streets of Des Moines. There was a short high speed chase after which the defendant crashed his vehicle completely destroying it. The defendant was caught by Iowa State Patrol Troopers after a short foot chase. The defendant was found to be intoxicated at the time. The court sentenced the defendant to five years in prison on Count I and one year in prison on Count II. The sentence was suspended and the defendant was placed on probation for a period of two years. Conditions of probation include paying a $750.00 fine on Count I and a $1,250.00 fine on Count II. Conditions also include maintaining full time employment, completing substance abuse treatment as recommended and abstaining from any and all use of controlled substances or alcohol while on probation.

Gordon J. Layman III was sentenced on charges of Eluding and OWI. He was given a suspended sentence.

Shawn Robb was arraigned on drug charges. Pretrial conference was set for September 8, 2011 and trial was set for October 5, 2011.

Kathleen Schelling plead guilty to two counts of Child Endangerment. Sentencing was set for September 21, 2011.

Michael McConnell was granted a deferred judgment in FE244475 on the charge of Burglary 2nd Degree. He stood before the Judge and took responsibility for his actions of February 26, 2011 where he and co-defendant Joseph Riesberg broke into an apartment and assaulted the occupants. He will be on probation for two years during which time he will be required to provide random urine samples for drug testing and random breath tests for alcohol testing. He will be required to continue with his full-time employment and continue with his drug treatment.

08/11/2011

On August 11, 2011, Troy McCombs was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, as a second or subsequent offender in case number FE2245110. He was sentenced to a maximum indeterminate term in prison of twenty (20) years and must serve a minimum term of one-third prior to becoming eligible for parole. This sentence was ordered to run consecutive to his sentence for the same offense in Wayne County, Iowa. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On August 11, 2011, Henry Dittmer plead guilty and was sentenced for the crimes of Conspiracy to Manufacture a Controlled Substance, a Class B felony, and Arson in the First Degree, a Class B felony, in case number FE241286. He was sentenced to a maximum indeterminate term in prison of twenty-five (25) years in each count, concurrent, and must serve a minimum term of one-third prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On August 11, 2011, Christopher Jontz was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, two counts, Class C felonies in case number FE241749. He was sentenced to a maximum indeterminate term in prison of ten (10) years on each count, consecutive, and must serve a minimum term of one-third prior to becoming eligible for parole. This sentence was suspended and he was placed on probation for five (5) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

08/12/2011

Courtney Niemand entered Drug Court in OW716718 on the charge of OWI 3rd Degree. She is currently on probation for OWI 2nd offense, and stipulated she had violated the terms and conditions of her probation by drinking and driving again. She admits she has a substance abuse problem with drugs as well as alcohol. She reported a desire to stop living her life in such a manner. If she is successful in the Drug Court program, she will be placed on probation and her sentence of 9 years will be suspended .

Manuel Llano Jr., Anthony Llano, Darrell Williams and Jeremy Gray pled guilty to Burglary 3rd Degree for their role in breaking into a house and assaulting its occupants. On May 28, 2011 the defendants drove by the victims residence. The victims yelled some epithets and the Defendants took offense. They left but returned to the scene later and broke into the house and assaulted the Defendants. Originally the victims identified 6 people who were all arrested at the scene. Denzel Irvin showed proof he has been working when the assault occurred and arrived at the end when everyone was getting arrested. During their pleas, the defendant’s testified Irvin was not involved in the burglary. The Defendant’s were released from custody pending sentence and will be sentenced in October.

On August 12, 2011, the following defendant’s were arraigned on felony charges. Pretrial conferences in each case were set for September 8, 2011 and trial was scheduled for October 10, 2011: Pamela Bennett (Burglary in the Third Degree). Cody Morrision (Multiple Counts of Child Endangerment and Neglect; Assault on a Police Officer) Dustin Ashley (Drug charges) Shawna Bellet (Theft in the Second Degree) Jason Roth (Drug Charges) Brian Schumacher (Drug Charges) Savannah Hammer (Theft in the Second Degree)

On or about August 12, 2011, Patrick Doonan requested and received a bond review hearing. Bond was modified from $5000 cash only to $5000 cash or surety.

On or about August 12, 2011, sentencing on Merloren Butts was continued to August 19, 2011, based on the Department of Corrections failure to complete and file a pre-sentence investigation report.

On or about August 12, 2011, Darci Reynolds was sentenced on misdemeanor drug charges and granted a probation.

On or about August 12, 2011, Ronald Anderson was sentenced for Possession of an Offensive Weapon and granted a probation.

On or about August 12, 2011, Victorino Rubion plead guilty and was sentenced on a charge of Child Endangerment. He was granted a probation and released to immigration authorities.

On August 12, 2011, Amber Brown pled guilty in Polk County Criminal Number FECR247023 to the crime of Possession of Iodine with Intent it be Used to Manufacture a Controlled Substance. 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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