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Des Moines, IA 50309
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Weekly Case Summary
12/14/2009

Larie Lewis was sentenced before Judge Robert Blink for the crime of Possession of a Controlled Substance with Intent to Deliver, a Class C Felony, in violation of Iowa Code Section 124.401(1)(c)(3). Lewis received a deferred judgment and was placed on probation for 5 years. As conditions of probation Ms. Lewis must: (1) comply with all substance abuse treatment and aftercare; (2) obtain and mental health evaluation and follow through with recommendations and (c) have no contact with any individual who has been convicted of a state or federal drug offense. Lewis was prosecuted by the Drug and Gang Bureau.

On October 21, 2009, Eric Scott Andrews, FECR230682, pled guilty to Failure to Possess a Tax Stamp, as alleged in Count II of the Trial Information, in violation of Iowa Code Sections 453B.3 and 453B.12, a Class D Felony. On December 14th, 2009, he came before the Court for sentencing and received a 5 year suspended sentence and probation with the applicable $750.00 fine. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Mark S. Carton was sentenced for the crime of Conspiracy to Manufacture a Controlled Substance-Methamphetamine, in violation of Iowa Code Section 124.401(1)(c)(6) a Class C Felony. Carton received a Deferred Judgment and was placed on probation for 5 years. As a condition of probation the defendant shall be required to comply with all recommendations of his substance abuse evaluation and follow through with aftercare requirements.

Misty Brown was sentenced for the crime of Gatherings Where Controlled Substances are Used, in violation of Iowa Code Section 124.407, a Class D Felony. Brown received a suspended sentence and was placed on probation for 5 years. As a condition of probation, Brown will remain in custody until there is a bed available at the Women’s Residential Facility where she will remain until maximum benefits are received.

12/15/2009

On October 28, 2009, Defendant Jeffrey M. Deets entered a plea of guilty to the charges of: Count I: Possession of a Controlled Substance with Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. On December 15, 2009 Defendant Jeffrey M. Deets, was sentenced for a period not to exceed 5 years for the charges of: Count I: Possession of a Controlled Substance With Intent to Deliver, in violation of Iowa Code Section(s) 124.401(1)(d), a Class D Felony. The judgment in this case was deferred, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Jeffrey M. Deets was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 21, 2009, Defendant Marlene A. Smith entered a plea of guilty to the charges of: Count I: Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation, or Subterfuge, in violation of Iowa Code Section(s) 124.401(1)(c)(8), 155A.23, and 155A.24, a Class C Felony. On December 5, 2009 Defendant Marlene A. Smith, was sentenced for a period not to exceed 10 years for the charges of: Count I: Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation, or Subterfuge, in violation of Iowa Code Section(s) 124.401(1)(C)(8), 155A.23, and 155A.24, a Class C Felony. The judgment in this case was deferred, and the defendant was placed on probation for a period of 5 years to be supervised by the Fifth Judicial District Department of Correctional Services. Marlene A. Smith was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Brittany Smith received a Deferred Judgment for the crime of Possession of a Controlled Substance with Intent to Deliver-methamphetamine, as a lesser included Class C Felony, in violation of Iowa Code Section 124.401(1)(c)(6). Smith will be on probation for 5 years. As a condition of her probation she is required to live at the Beacon of Life until maximum benefits are achieved.

Michael Scopa received a suspended sentence and probation for the crime of Conspiracy to Manufacture a Controlled Substance-Methamphetamine, a Class C Felony and Possession of Anhydrous Ammonia as a Precursor to Manufacture Methamphetamine, a Class D Felony, in violation of Iowa Code Section 124.401(1)(c)(6) and 124.401(4). These sentences were run consecutive for an indeterminate term of incarceration not to exceed 15 years. Scopa will be on probation for 5 years. As a condition of probation Scopa must attend AA and NA meetings as part of his aftercare requirements.

Debra Hicks was sentenced to an indeterminate term of incarceration not to exceed twenty-five (25) years for the crime of Possession of a Controlled Substance with Intent to Deliver-Methamphetamine, a Class B Felony, in violation of Iowa Code Section 124.401(1)(b)(7). Hicks received 1/3 off of her 1/3 mandatory minimum 1/3 for her plea and acceptance of responsibility.

On October 27th, 2009, Matthew Eugene Jenkins, FECR230687, pled guilty to Possession of a Controlled Substance with Intent to Deliver-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 December 15th, 2009, he came before the Court for sentencing and received a 5 year suspended sentence and probation with the applicable $750.00 fine. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 13th, 2009, Donald Eugene Graham, FECR230374, pled guilty to Possession of a Controlled Substance with Intent to Deliver-marijuana, as alleged in Count I of the Trial Information, in violation of Iowa Code Sections 124.401(1)(d), a Class D Felony. On December 15th, 2009, he came before the Court for sentencing and received a 5 year prison sentence. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Stephanie Beardsley and William Butcher were sentenced to terms of probation after pleading guilty to receiving stolen property and Operating a Motor Vehicle Without the Owner’s Consent. Both defendants were arrested by the Des Moines Police on August 26, 2009, after being found in possession of a 2009 Dodge charger SXT reported stolen from Mitchell Auto. Defendant Beardsley will be on probation for two years. Defendant Butcher will be on probation for at least three years having also been sentenced for Possession of a Controlled Substance and Driving While his License was Barred. Additionally, the Department of Transportation was ordered to revoke Butcher’s privilege to operate a motor vehicle for an additional 180 days. Each defendant was also order to make restitution to the victim and pay a fine in excess of $1,000.00.

12/16/2009

Rickey Leroy Lucia, FECR232400 & AGCR230886, came before the Court to enter a guilty plea to the offense of Possession of a Controlled Substance-methamphetamine, third offense, as alleged in case FECR232400, in violation of Iowa Code Sections 124.401(5), a Class D Felony, without the habitual offender enhancement and Driving While Barred as Habitual Offender, as alleged in case AGCR230886, in violation of Iowa Code Sections 321.561, an Aggravated Misdemeanor. The Defendant agreed to waive time and notice, the right to the use of a pre-sentence investigative report and the right to file a motion in arrest of judgment and requested immediate sentencing. He was sentenced to 5 years in prison on FECR232400 and 2 years in prison on AGCR230886. The Court ran both cases concurrent to each other for a total period of incarceration not to exceed 5 years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Arnez Harris was sentenced for the crime of Possession of a Controlled Substance with Intent to Deliver, a Class C Felony, in violation of Iowa Code Section 124.401(1)(c)(8). Harris received a suspended sentence and was placed on probation for 5 years. As a condition of probation Harris will remain in custody until there is a bed available at the Fort Des Moines Residential Facility. Additonally, the defendant will be required to complete substance abuse treatment and comply with all aftercare requirements.

Anthony J. Amaya was sentenced to 10 years in prison for the crime of Possession of a Controlled Substance with Intent to Deliver, in violation of Iowa Code Section 124.401(1)(c)(8), a Class C Felony. Amaya was on probation for another drug crime at the time he picked up his new charge.

Michael Howland was sentenced for the crime of Possession of a Controlled Substance with Intent to Deliver, in violation of Iowa Code Section 124.401(1)(c)(6), a Class C Felony and Possession of a Controlled Substance-Third Offense, in violation of Iowa Code Section 124.401(5), a Class D Felony. Betzold’s sentences were run consecutively to each other for an indeterminate term of incarceration not to exceed 15 years. Betzold was placed on probation for 5 years and as a condition of probation he will remain in custody until there is a bed available United Community Services Transitional Housing facility. Betzold successfully completed the In Jail Treatment Program.

Courtney P. Knight received a suspended sentence and probation for the crimes of Possession of a Controlled Substance with Intent to Deliver and Failure to Possess a Tax Stamp, in violation of Iowa Code Sections 124.401(1)(c)(2)(b), 124.401(1)(c)(2)(d), 453B.3 and 453B.12, a Class C and D Felony. Knight was recommended for Intensive Supervision Probation and was placed on probation for 3 years. As a condition of probation Knight will be required to continue with mental health and substance abuse treatment.

12/17/2009

A remaining count of Child Endangerment was dismissed by the Polk County Attorney’s Office against Shane Dewees. Dewees and co-defendant, Tami Abell, were arrested in June by the West Des Moines Police Department after they were observed shoplifting twice on the same day at the West Des Moines Target Store in the presence of their children. Both defendants were placed on probation. The County Attorney recommended that if they were doing well on probation and in compliance with the court requirements for probation, the Child Endangerment charges would be dismissed. Abell’s child endangerment charges will be reviewed and possibly dismissed in March of 2010.

12/18/2009

Roberto Campos-Martinez, Jr. was sentenced to prison in Polk County Criminal Number FECR232734 for a period not to exceed 25 years for the crime of Possession of a Controlled Substance with Intent to Deliver - Methamphetamine. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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