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Des Moines, IA 50309
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Weekly Case Summary
12/19/2011

John Strange pled guilty to Theft in the Second Degree in Polk County Criminal case numbers FECR250130 and FECR249865. The Court accepted his plea and scheduled a sentencing hearing for February 3, 2012.

Kelly Sutherland pled guilty to Attempted Burglary in the Third Degree in Polk County Criminal case number FECR249824. The Court accepted his plea and scheduled a sentencing hearing for February 3, 2012.

Tasha Nelson aka Palmer pled guilty to the Theft in the Third Degree and Theft in the Fourth Degree in Polk County Criminal case numbers FECR248891 and SRCR244893. The Court accepted her pleas and scheduled a sentencing hearing for February 3, 2012.

On December 19, 2011, Shaunta Hopkins was sentenced for the crimes of Conspiracy to Deliver a Controlled Substance and a Simulated Controlled Substance, two counts, cocaine base “crack” and ecstasy, a Class B and Class C felony, Possession of a Controlled Substance and Simulated Controlled Substance With Intent to Deliver, two counts, cocaine base “crack” and ecstasy, Class C felonies, Failure to Possess a Tax Stamp, a Class D felony, and Possession of a Controlled Substance, marijuana, in case number FE246205. She had been previously convicted of these charges upon a jury trial on October 31, 2011. She was sentenced to a maximum indeterminate term of twenty-five (25) years for the Class B felony, ten (10) years each for the Class C felonies, five (5) years for the Class D felony and six (6) months for the serious misdemeanor, and these sentences were ordered to run concurrent to each other. The defendant must serve a mandatory one-third term of the sentence prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 19, 2011, Anasa Cooper plead guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, cocaine base “crack”, a Special Class B felony, in case number FE246583. She was sentenced to a maximum indeterminate term of fifty (50) years in prison. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 19, 2011, Benjamin Spellman pled guilty in Polk County Criminal Number FECR249302 to the crime of Possession of a Controlled Substance with Intent to Deliver (Marijuana) and Failure to Posses a Tax Stamp. Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 31st, 2011, Khonesith Kavan FE248173, pled guilty to the offense of Conspiracy to Deliver 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. On December 19th, 2011, he came before the court for sentencing. The State of Iowa argued for a ten year prison sentence. The Defense argued for a ten year suspended sentence and probation. The Court sentenced him to prison for ten years with the requirement that he serve a mandatory one third of his sentence before being eligible for parole. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

12/20/2011

On November 8, 2011, Defendant Leigh Vennard, entered a plea of guilty to the charge of: Conspiracy to Manufacture a Controlled Substance, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). On December 20, 2011, Defendant Leigh Vennard, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Conspiracy to Manufacture 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 3 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. The defendant was ordered to reside at the Women’s Residential Facility. Leigh Vennard was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 8, 2011, Defendant Adam Sharp, entered a plea of guilty to the charge of: Failure to Possess a Tax Stamp, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 453B.3 and 453B.12. On December 20, 2011, Defendant Adam Sharp, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Failure to Possess a Tax Stamp, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 453B.3 and 453B.12. The sentence in this matter was deferred 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. Adam Sharp was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 8, 2011, Defendant Adam Smith, entered a plea of guilty to the charge of: Failure to Possess a Tax Stamp, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 453B.3 and 453B.12. On December 20, 2011, Defendant Adam Smith, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Failure to Possess a Tax Stamp, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 453B.3 and 453B.12. The sentence in this matter was deferred 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. Adam Smith was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

12/21/2011

On November 9th, 2011, Sander Johnson FE248758, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-methamphetamine, as a lesser included offense of Count II of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony. On December 21st, 2011 he came before the court for sentencing. The State argued for a ten year suspended sentence and probation. The Defense argued for a deferred judgment and probation. The Court granted the defendant a deferred judgment and probation. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Randy Cantwell pled not guilty to forgery. Trial is set for February 13, 2012.

Maryetta Fortune pled not guilty to Theft 2nd. Trial is set for February 13, 2012.

Tarik Nehmatullah pled not guilty to Possession of a Controlled Substance with the intent to deliver and Failure to Affix a Tax Stamp. Trial is set for February 13, 2012.

Robert Bennett pled not guilty to Burglary 2nd. Trial is set for February 13, 2012.

Lyndsie Foster pled not guilty to Child Endangerment. Trial is set for February 13, 2012.

Rick Joe Gaudineer, Jr. was revoked and sentenced to a total of ten years in prison for two burglaries.

Martin Nyariel was held in contempt for violating his probation and given ten days in jail.

Jimmie DeWitt Patten had his probation revoked and was sentenced to prison.

Kelsea Swope had her deferred judgment revoked and was placed at the Women’s Facility.

On December 21, 2011, Herbert Brown was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, heroin, a Class C felony, as an habitual offender and a second or subsequent offender, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE246088. He had been previously convicted of these charges upon a trial to the court on September 16, 2011. He was sentenced to a maximum indeterminate term of forty-five (45) years for the Class C felony with the enhancements and five (5) years for the Class D, and these sentences were ordered to run consecutive to each other. The defendant must serve a mandatory one-third term of the forty-five (45) year sentence prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 21, 2011, Lupe Cerda was sentenced for the crimes of Conspiracy to Deliver a Controlled Substance and a Possession of a Controlled Substance With Intent to Deliver, Class B felonies, in case number FE235809. He had been previously convicted of these charges upon a jury trial on July 28, 2011. He was sentenced to a maximum indeterminate term of twenty-five (25) years in prison and must serve a mandatory one-third term 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 November 2, 2011, Defendant Charles E. Cook, Jr., entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(5). On December 21, 2011, Defendant Charles E. Cook, Jr., was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance Third Offense, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(5). The sentence in this matter was suspended and the defendant was placed on probation for a period of 2 years. The defendant is required to reside at the Ft. Des Moines Residential Facility as a term of probation. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Charles E. Cook, Jr. was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

12/22/2011

On December 22, 2011, Robert Kilgore was sentenced to prison in Polk County Criminal Number FECR250122 for a period not to exceed 17 years for the crime of Possession of a Controlled Substance with Intent to Deliver (Methamphetamine) as Second or Subsequent Offender. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 3rd, 2011, Joel Marchan FE244960, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver, as alleged in Count II of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony as a Second or Subsequent Offender, in violation of Iowa Code Section 124.411. On December 22nd, 2011, he came before the court for sentencing and received a fifteen year prison sentence. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 3rd, 2011, Randy Ford FE244961, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver, as alleged in Count II of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony as a Second or Subsequent Offender, in violation of Iowa Code Section 124.411. On December 22nd, 2011 he came before the court for sentencing. The Court sentenced him to prison for fifteen years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 22, 2011, Henry Tuttle appeared in Polk County District Court in criminal number FE247726. Tuttle was sentenced as follows: to a term of imprisonment not to exceed 75 years for the crime of Possession of a Controlled Substance With Intent to Deliver (in excess of five grams of methamphetamine) as a Second or Subsequent Offender; to a term of imprisonment not to exceed 15 years for the crime of Possession of a Controlled Substance With Intent to Deliver (marijuana) as a Habitual Offender: to a term of imprisonment not to exceed 15 years on each of two crimes of Failure to Possess a Tax Stamp as a Habitual Offender; to a term of imprisonment not to exceed two years for the crime of Assault by Use or Display of a Dangerous Weapon and to a term of imprisonment not to exceed one year for the crime of False Imprisonment. The two year and one year sentences were ordered to be served consecutively to each other and consecutive to the other charges which are to be served concurrently with each other for a total term of imprisonment not to exceed 78 years. Tuttle must serve a mandatory minimum one-third of his 75 year sentence before being eligible for parole (reduced by one-third based on an acceptance of responsibility) and three year mandatory minimums on each of the 15 year sentences. Tuttle was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On December 22, 2011, Nikolay Lanham was sentenced to prison for Assault with Intent to Inflict Serious Injury and Assault. He received credit for the time he has already served at the Polk County Jail. The Court entered a No Contact Order which prohibits him from contacting the victim and her family.

12/23/2011

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