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Weekly Case Summary
10/17/2011

The following matters were heard before District Court Judge Glen E. Pille on October 17, 2011 in Courtroom 204:

Arraignments:

Chad Mylon was arraigned in FECR249660 on the charge of Burglary in the Third Degree. The defendant entered a plea of not guilty. A pre-trial conference and trial date were scheduled.

Casey J. Johnston was arraigned in FECR249955 on the charges of, Count I: Conspiracy to Manufacture a Controlled Substance; Count II: Manufacture a Controlled Substance; Count III: Failure to Possess a Tax Stamp. The defendant entered pleas of not guilty. A pre-trial conference and trial date were scheduled.

Joseph Sanders was arraigned in FECR249629 on the charge of Possession of a Controlled Substance. The defendant entered a plea of not guilty. A pre-trial conference and trial date were scheduled.

Matthew A. Butts was arraigned in SR249620 on the charge of Possession of a Controlled Substance with Intent to Deliver, as a Third Offence, a Class D Felony. The defendant entered a plea of not guilty. A pre-trial conference and trial date were scheduled.

Bond Review:

Wayne A. Guy was arraigned in SR249620 on the charge of Possession of a Controlled Substance with Intent to Deliver, as a Third Offence, a Class D Felony. The defendant entered a plea of not guilty. A pre-trial conference and trial date were scheduled.

Pleas and Sentencing:

Jerry Gray appeared before the Court in OM72439 to enter a plea of guilty to Count I: Operating a Motor Vehicle While Under the Influence, 3rd Offense, a Class D Felony and Count III: Driving while Barred, an Aggravated Misdemeanor. The defendants plea was accepted. A pre-sentence investigation report will be completed and sentencing will occur at a later date.

Sarah Lea Hommer appeared in FECR247260 and entered a plea of guilty to Forgery, a Class D Felony. A PSI shall be completed with sentencing to follow on November 21, 2011 at 9:30 a.m.

Jonathan Befort was granted a probation on charges of Burlary in the Third Degree and Theft in the Second Degree and required to complete the Fort Des Moines Residential Facility to maximum benefits. He was also found in contempt of court for probation violations and sentenced to serve 154 days in the Polk County Jail.

Tyler Henning was sentenced to a term not to exceed five years in prison for trafficking in stolen weapons and Theft in the Third Degree.

Randy Killen was found in contempt of court and ordered to serve 20 days in the Polk County Jail for a probation violation.

Joshua Richards sentence was reconsidered and different terms of probation were added to his sentence, specifically that he was required to attend the Fort Des Moines Residential Facility to maximum benefits.

Myrna Herrera-Gonzalez plead guilty to Theft in the Second Degree. Sentencing was set for November 29, 2011.

Jason McKenney’s trial was continued to November 16, 2011.

10/18/2011

On October 18, 2011, Alicia Scank plead guilty to the felony crime of Theft in the Second Degree. Sentencing is scheduled for Friday, December 2, 2011, at 10:00 a.m. in Room 204.

On October 18, 2011, defendant Lindsay Selby was sentenced for the felony offense of Theft in the Second Degree. She was placed on probation for a period of two years. She was also ordered to obtain a substance abuse and mental health evaluation and to comply with any recommended treatment. She was also ordered to maintain fulltime employment and obtain a GED.

On October 18, 2011, defendant Alexander Nicholson appeared for his arraignment. Pretrial conference was set for November 17, 2011, at 2:15 p.m. in Room 204. Trial was set for December 14, 2011, at 9:00 a.m. in Room 204.

On October 18, 2011, defendant Bobbi Barden appeared for arraignment. Pretrial conference is set for November 17, 2011, at 2:00 p.m. in Room 204. Trial is set for December 14, 2011, at 9:00 a.m. in Room 204.

On October 18, 2011, Alicia Scank plead guilty to the felony crime of Theft in the Second Degree. Sentencing is scheduled for Friday, December 2, 2011, at 10:00 a.m. in Room 204.

On October 18, 2011, defendant Lindsay Selby was sentenced for the felony offense of Theft in the Second Degree. She was placed on probation for a period of two years. She was also ordered to obtain a substance abuse and mental health evaluation and to comply with any recommended treatment. She was also ordered to maintain fulltime employment and obtain a GED.

On October 18, 2011, defendant Alexander Nicholson appeared for his arraignment. Pretrial conference was set for November 17, 2011, at 2:15 p.m. in Room 204. Trial was set for December 14, 2011, at 9:00 a.m. in Room 204.

On October 18, 2011, defendant Bobbi Barden appeared for arraignment. Pretrial conference is set for November 17, 2011, at 2:00 p.m. in Room 204. Trial is set for December 14, 2011, at 9:00 a.m. in Room 204.

10/19/2011

On October 19, 2011, David Burris was sentenced to prison in Polk County Criminal Number FECR246658 for a period not to exceed 15 years for the crime of Possession of a Controlled Susbtance with Intent to Deliver (Methamphetamine) as a Habitual Offender. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

10/20/2011

On August 31st, 2011, Todd K. Harvey, FE247291, 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 Section 124.401(1)(d), a Class D Felony with application of the Second or Subsequent Offender Sentencing Enhancement, in violation of Iowa Code Section 124.411. On October 20th, 2011, the defendant came before the court for sentencing. Both parties were recommending a fifteen (15) year prison sentence. The Court agreed with the recommendations of the parties and sentenced him to prison for fifteen (15) years and in addition ran this sentence consecutive to his parole. This case was prosecuted by the Polk County Attorney’s Drug and Gang Bureau.

State of Iowa v. Jason Mays – FECR247024; AGCR249225 – This defendant plead guilty to two counts of Identity Theft as a Class D felony. The defendant admitted using the identification information of another person to obtain credit and property on two occasions, both for property having a value greater than $1,000. Sentencing will take place on December 1, 2011, at 10:00 a.m. in Room 204.

State of Iowa v. James Jose – FECR249022 – This defendant plead guilty to Forgery as an aggravated misdemeanor and admitted having a counterfeit $20.00 bill at the Iowa State Fair. The defendant was sentenced to serve 67 days in the Polk County Jail.

10/21/2011

On October 21, 2011, Rachel Pippins was sentenced to an indeterminate term of incarceration not to exceed fifteen years after pleading guilty to two counts of Neglect of a Dependent Minor and one count of Involuntary Manslaughter in Polk County Criminal case number FECR242760. On March 7, 2010, Pippins’ mentally and physically disabled daughter drown in the bathtub at Pippins’ home. It was later discovered that Pippins had stopped giving her daughter her prescribed seizure medication and had left her daughter alone in the bathtub, even though her daughter needed constant supervision.

On October 21, 2011, Alexander Touzani appeared in Polk County District Court in criminal number FE 248721. Touzani pleaded guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver (in excess of five grams of methamphetamine), Failure to Possess a Tax Stamp and Possession, Receipt, Transportation, or Dominion and Control Over a Firearm as a Convicted Felon. Touzani was sentenced to terms of imprisonment not to exceed 25 years on the charge of Possession of a Controlled Substance With Intent to Deliver and five years on each of the other two charges. The sentences imposed are to be served consecutively to each other and consecutively to the revocation of an earlier parole granted Touznani. Touzani must also serve a mandatory minimum one-third of the 25 year sentence before he is eligible for parole. Touzani was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 21, 2011, Stormi Wolver appeared in Polk County District Court in criminal number FE 248253. Wolver was sentenced for the crimes of Possession of a Controlled Substance (methamphetamine) and Failure to Possess a Tax Stamp. Wolver was sentenced to indeterminate terms of ten years and five years in prison respectively. Wolver must serve a mandatory minimum one-third of the ten year sentence before being eligible for parole. The sentences must be served consecutively to each other, but were suspended and Wolver was placed on probation for a period of two years. Wolver must pay fines of $1,000.00 and $750.00. Wolver was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Andrew Aaron O’Berry appeared before the Court for sentencing in FE233963 and AG232680 on charges of Forgery and Credit Card Fraud, respectively. O’Berry had entered a plea in 2010 to the charges. He was then granted participation in the Intensive Supervision Drug Court program pending sentence. O’Berry participated in the program for a few months before he absconded supervision. He was arrested on new charges, which are still pending.

William Lloyd Sandstrom entered Drug Court in FE248124 on charges of Burglary and Theft. Sandstrom admitted he was breaking into cars, sometimes while they were in garages, and stealing stuff from them. He was found to be in possession of over $1000 worth of items stolen from cars. Sandstrom will stay in jail pending space at a treatment facility prior to his more full participation in the Drug Court program.

On October 21st, 2011, John Swanson, FE248099, pled guilty to the offense of Manufacturing a Controlled Substance-methamphetamine, as alleged in Count I of the Trial Information, in violation of Iowa Code Sections 124.401(1)( c )(6), a Class C Felony without the sentencing enhancements and Possession of Lithium with Intent it be Used to Manufacture a Controlled Substance, as alleged in Count II of the Trial Information, in violation of Iowa Code Section 124.401(4), a Class D Felony without the sentencing enhancements and Failure to Possess a Tax Stamp, as alleged in Count V of the Trial Information, in violation of Iowa Code Sections 453B.3 and 453B.12, a Class D Felony without the habitual offender enhancement. The defendant agreed to waive time and notice and proceed directly to sentencing. Both parties recommended to the court that the defendant be sentenced to prison for twenty years. The Court agreed with the recommendation and sentenced the defendant to prison for twenty years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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