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Weekly Case Summary
09/19/2011

On September 19, 2011, Jarell Samuels admitted he had violated his probation in case number FE239064. His probation was revoked and the original sentence of ten (10) years in prison with a mandatory one-third was imposed. He was on probation for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 19, 2011, Tamera Kelsey stipulated to violating her probation. The defendant is to be evaluated for Residential placement. Dispositional hearing is set for September 30, 2011 at 9:00 a.m. Courtroom 204.

On September 19, 2011, Kristin Bray appeared for her probation violation hearing. An evidentiary hearing was set for October 3, 2011 at 10:00 a.m. Courtroom 204.

On September 19, 2011, Bert Leonard was sentenced for Theft in the 2nd Degree. The Court granted the defendant a deferred judgment and placed him on probation. Conditions of probation include 100 hours of community service and paying restitution.

On September 19, 2011, Forrest Weger appeared for sentencing. The Court continued his sentencing to September 23, 2011 at 1:30 p.m. Room 204.

On September 19, 2011, Chad Ziesman was sentenced for Sexual Exploitation of a Minor. The Court granted him a suspended sentence and placed him on probation. Conditions of probation include sex offender treatment and no contact with any minors (Department of Corrections can determine if the defendant can have contact with his own children and under what conditions). In addition, the defendant was sentenced to a special sentence with the Iowa Department of Corrections for the rest of his life.

On September 19, 2011, Ashley Smith was sentenced to prison in Polk County Criminal Number FECR234361 for a period not to exceed 10 years for the crime of Conspiracy to Manufacture a Controlled Substance (Methamphetamine). 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.

On September 19, 2011, Jeffrey Sackpraseuth was sentenced in Polk County Criminal Number FECR242684 to an indeterminate term of incarceration not to exceed 10 years for the crime of Possession of a Controlled Substance with Intent to Deliver (Cocaine) and for a period not to exceed 5 years for the crime of Possession of a Controlled Substance with Intent to Deliver (Marijuana). Over the State’s objection, the Court granted Jeffrey Sackpraseuth a suspended sentence 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.

09/20/2011

09/21/2011

On September 21, 2011, Gary McVey was sentenced to prison in Polk County Criminal Number FECR247477 for a period not to exceed 15 years for the crime of Delivery of a Controlled Substance (Methamphetamine) as Second or Subsequent Offender. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

09/22/2011

On September 22, 2011, Darryl Murray, Jr. plead guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE245770, as a habitual offender and a second or subsequent offender. He was sentenced to a maximum indeterminate term of forty (40) 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 September 22, 2011, the court found that Dianne Johnson had violated her probation in case number FE240589. Her probation was revoked and the original sentence of ten (10) years in prison was imposed. She must serve a mandatory one-third term of this sentence prior to becoming eligible for parole. She was on probation for the crime of Conspiracy to Manufacture a Controlled Substance, a Class C felony. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

State of Iowa v. Zachary Smith - FECR249253 – This defendant was arraigned on the charge of Possession of a Controlled Substance With the Intent to Deliver, a Class D felony and entered a plea of not guilty. Pretrial conference was set for October 20, 2011, at 2:45 p.m. in Room 207 and trial was set for November 28, 2011.

State of Iowa v. Joseph Grismer – OWOM72413 – This defendant was arraigned on the charge of Neglect or Abandonment of a Dependent Child, a Class C felony and Operating a Motor Boat While Intoxicated, a serious misdemeanor. To both these charges the defendant entered a plea of not guilty. A pretrial conference was set for October 20, 2011, at 2:15 p.m. in Room 204 and trial was set for November 16, 2011.

State of Iowa v. Saddie King – FECR249083 – This defendant was arraigned on the charges of Forgery, a Class D felony and Theft in the Third Degree, an aggravated misdemeanor. To both of these charges the defendant entered a plea of not guilty and a pretrial conference was set for October 20, 2011, at 2:15 p.m. in room 204. The trial was set for November 28, 2011.

State of Iowa v. Nehames Bernstine, Jr. – FECR248946 – This defendant was arraigned on the charge of Possession of a Controlled Substance With the Intent to Deliver, a Class D felony and entered a plea of not guilty. A pretrial conference was set for October 20, 2011, at 2:30 p.m. in Room 207 and trial was set for November 28, 2011.

State of Iowa v. Satta Johnson-Coleman – FECR247567 – This defendant was arraigned on the charge of Fraudulent Practice in the Second Degree, a Class D felony and entered a plea of not guilty. A pretrial conference was set for October 20, 2011, at 2:00 p.m. in Room 204 and trial was set for November 28, 2011.

State of Iowa. v. Kane Magnuson – FECR248952 – This defendant was arraigned on the charge of Forgery, a Class D felony and entered a plea of not guilty. A pretrial conference was set for October 13, 2011, at 1:30 p.m. in Room 204 and trial was set for November 14, 2011.

State of Iowa v. Charles Ogden – FECR247872 – This defendant plead guilty to Burglary in the Third Degree as a lesser included offense of the Trial Information and admitted entering another person’s garage without the authority to do so and with the intent to commit a theft therein. Sentencing was set for November 2, 2011, at 9:30 a.m. in room 204.

State of Iowa v. Jens Millard – FECR246155 – This defendant plead guilty to Failure to Comply With the Sex Offender Registry as a Third or Subsequent Offense and admitted moving several times and leaving the state without registering his new address. The defendant also admitted that doing this was in violation of his previously entered probation which he was on for Failure to Register on previous occasions. The defendant stipulated to violating the terms and conditions of his probation and entered a factual basis for the new charge and agreed to have his probation revoked and a prison sentence on the new charge. The defendant was sentenced to an indeterminate period of incarceration not to exceed five years.

State of Iowa v. Karrodd Wright – FECR245186 – This defendant appeared for sentencing after previously pleading guilty to Theft in the Second Degree, a Class D felony and Criminal Mischief in the Fourth Degree, a serious misdemeanor. The defendant received a deferred judgment, was placed on two years of probation and ordered to comply with all the terms and conditions as set forth by the Department of Corrections. He was ordered to pay a civil penalty of $1,065, pay any surcharges and fees associated with the probation, and provide a DNA sample to the Department of Corrections. As a further condition of probation, the defendant was ordered to reside at the Fort Des Moines Residential Facility until maximum benefits have been received.

State of Iowa v. Zamir Azam – FECR247046 – This defendant plead guilty to Criminal Mischief in the Second Degree, a lesser included offense charged in the Trial Information and admitting intentionally causing damage to someone else’s car, the cost of which to repair was greater than $1,000 but less than $10,000. The defendant was ordered to participate and complete a presentence investigation report and sentencing was set for November 3, 2011, at 9:00 a.m. in Room 204.

09/23/2011

On September 23, 2011, Robby Spurgeon was sentenced in Polk County Criminal Number FECR239552 for the crime of Conspiracy to Manufacture a Controlled Substance (Methamphetamine). Over the State’s objection and notwithstanding the fact that the defendant had four prior criminal convictions, the Court granted Robby Spurgeon a deferred judgment (the most lenient sentence permitted by law) 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 September 23, 2011, John A. Susin, FE246241, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-Oxycodone, as alleged in Count I of the Trail Information, in violation of Iowa Code Sections 124.401(1)( c )(8), a Class C Felony. The Defendant waived time and notice and requested immediate sentencing. The Court granted him a 10 year suspended sentence and probation, due to his young age and lack of criminal history. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 23, 2011, Defendant Ermin Selimovic, entered a plea of guilty to the charge of: Delivery of a Controlled Substance, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). Defendant Ermin Selimovic, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Delivery of a Controlled Substance, 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 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. Ermin Selimovic was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 23, 2011, Defendant Michael Tittle, 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 Defendant Michael Montgomery, 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. Michael Tittle was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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