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One Hundred sixty-two Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts during October, 2011. This total includes four defendants sentenced for Operating a Boat under the Influence.
One Hundred-twenty-three of those defendants were sentenced for OWI First Offense.
OWI, First Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in the County Jail and a maximum fine of $1250. The Court MUST impose a minimum of two days incarceration and a fine of $1,250, upon conviction. Blood Alcohol levels are shown below in parentheses. DRE indicates that the conviction was based upon use of drugs other than alcohol. REF means that the defendant refused the chemical test. A deferred judgment (non-conviction) is usually available to those defendants who test below .150 for a first offense.
Those defendants being sentenced for OWI First Offense the month of October, 2011 were: Adam David Kniffin (.089), Donald Scott Earles (.092), Max Simon Suvalsky (.094), Walter Swetala (.098), Matthew James Cooper (.098), David Keith Baker (.099), Steven D. Allen (.101), Donald Eders (.104), Michael Todd Brown (.104), Lary Wayne Barry (.107), Steven Richard Falls (.107), Barbara Kay Dornbusch (.114), Susan Marie Bryant (.116), Bryan James Dalrymple (.118), Shane Charles Amsden (.121), Kimberly Anne Staker (.122), Tasha Lynn Weis (.124), Sonia Orrellana (.126), Rebecca Lynn Hennen (.127), Steven Matthew Bogenrief (.136), Nichole Amber Richardson (.133), Russell Alan Lawrence (.134), Lucas Daniel Titus (.135), Harish K. Padmaraju (.141), Scott Edward Noble (.143), Jessica Lauralynn Breese (.143), Jaclyne Shea Kritz (.146), Jeffrey Stanley Bramer (.147), Edward Clayton Humphries (.153), Eric Robert Krunnfusz (.154), Cynthia Lynn Hunting (.155), Haly Zagumny (.155), Scott Ronald Rouse (.156) this was a Boating under the Influence case, Jerel Jameson Tiechroew (.158), Ashley Marie Morrison (.160), Shannon Renee Oakley (.161), Brian James Pearson (.162), Gregory Alan Jimenez (.163), Kayla Anne Radke (.167), John Allen Pendleton (.168), Willow J. Bauer (.171), Lasaro Rocha-Rodriguez (.173), Kathryn Elizabeth Eckerman (.179), Sterling Ryan James (.180), Scott A. Murphy (.181), William Joseph Day (.188), Deborah Lynn Gallion (.189), Douglas Michael Bird (.194), Jason Michael Weite (.198), Ketmany Thongdam (.199), Mitchell Nolan Whitney (.201) this was a Boating under the Influence case, Michael Russell Field (.204) this was a Boating under the Influence case, Erick Fernando Cruz-Reyna (.206), Joel Ojeda-Olivo (.210), Rolondo Martines Mendez (.215), Michael R. Peplinski (.217) this was a Boating under the Influence case, Johannah Marie Hines (.219), Cody James Stamper Bowers (.220), Rachel Matson (.221), Dominic Walton (.222), Tom Alan Oliver (.266), Vahidin Kremic (.214), Chad Curtis Schwartz (.229), Ronald Jeffery Kling (.232), Nicholas Thomas Rentel (.232), Paulna Markiewicz (.248), Ryan Joseph Pierce (.293), Douglas Alan Cochrane (.309), Dennis Michael Riggs (REF), Bartholomew Frederick Schmidt (REF), Makuac Kuot Dhal (REF), Michael Dennis Edwards (REF), Michael Lee Witmer (REF), Robert Lloyd Harrison(REF), Brittany Kae Farrand (REF), David Anthony Friloux (REF), Joseph Cook (REF) Cook was sentenced to 180 days in the County Jail, Jessica Lynn Chesher (REF), Jacob Lee Mosqueda (REF), Apolonio Cruz Rangel (REF), Jose Antonio Villegas-Alvarez (REF) Villegas-Alvarez was sentenced for two counts of OWI first offense and Three counts of Child Endangerment, Daniel Alexander Egli (REF), Brent Andrew Eustice (REF), Cassandra Renee Ulfe (REF), Jeremy Robert Brannen (REF), Paul Flomo Topka (REF), Dustin Lee Johnson (REF), Nicholas Millard Linnane (REF), Ian Alexander Jones (REF), Lance N. Harris (REF), Robert Emmett Tracy (REF), Allen Jerome Littles (REF), Sid George Pearce (REF), Chanel Marie Michelsen (REF), Patrick Brian Moffit (REF), Juan Berber Ramirez (REF), Chad Michael Ashley (REF), Diana Jean Williams (DRE), Courtney Leigh Cox (DRE), James Hunter (DRE), Timothy E. Smith (DRE), Raquel Ruth Haselhorst (DRE), Phillip Douglas Snowbarger (DRE), Abubaker Ibrahim Osman (DRE), Shawn Eric Branchcomb (DRE), Curtis Alan Carr (DRE), Marcos Caballero Ybarra (DRE), Amber Shumaker (DRE), Chad A. Ebelheiser (DRE), Blake Thomas Johnson (DRE), Larry Earl Drayton (DRE), and Michelle Lynne Schoop (no test available).
Of those defendants sentenced for OWI first offense this report, thirty-four had a test of greater than .160 (twice the legal limit) and thirty-one refused the chemical test. The low chemical test among this group was .089 and the high test was .309 (Almost FOUR times the legal limit). Fourteen defendants were found guilty and sentenced based upon their use of drugs other than alcohol.
Thirty Defendants were sentenced for OWI Second Offense. OWI Second offense is an Aggravated Misdemeanor punishable by up to two years in prison and a fine of up to $6250. The Court MUST impose a minimum of seven days incarceration and a minimum fine of $1875 upon conviction of Second Offense OWI. The defendants sentenced for OWI second offense report were: Fisnik Hashani (.101), Stephan Barber (.125), Erik D. Marten (.133), Robert B. Kracht (.135), Jose M. Argueta (.148), Ila J. Zanatta (.167), Kevin M. Rains (.168), Ryan M. Catron (.180), Clint P. Waterbeck (.188), Kevin Ennis (.194), Nicole R. Brady (.195), Kate N. McNerney (.200), Sierra B. Waddell (.206), Jay P. Tyler (.227), Jacob S. Green (.231), Aryn V. Allison (.232), Cheryl D. Weeks (.238), James G. Smith (.262), Kevin W. Houk (REF), Nicholas Smith (REF), Jose L. Vasquez (REF), Judy Rienye (REF), Ryan Montgomery (REF), Joseph Tinker (REF), Daniel Brown (REF), Hussein Mujakovic (REF), Donna E. Cockfield (REF), Mark A. Mader-Bierman (REF) Mader-Bierman was sentenced to two years in prison, Ricky Alan Young (REF), and Heather K. Clark (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .101 to a high of .262 (OVER THREE times the legal limit). Twelve of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
In addition to the above, two other defendants were sentenced to prison for alcohol/motor vehicle related charges. They were: Michael Lee Herteen and Bradley Dean Chandler. Herteen was sentenced for Serious Injury by Vehicle a class D felony, he was sentenced to five years in prison. Chandler was sentenced for Eluding a Marked law Enforcement Vehicle, OWI first offense and Criminal Mischief Third Degree. He was sentenced to five years in prison.
There were nine defendant sentenced this reporting period for Third Offense OWI. Third Offense OWI is a Class D felony, punishable by up to five years in prison and by a fine of up to $7500. The Court MUST sentence a Defendant convicted of Third Offense OWI to a minimum of thirty days in jail and a minimum fine of $3125. Sentenced this report were William O. Weatherly (.160), Salomon Benavente, Jr. (.215), Robert D. Prohaska (.240), Eric A. Locke (REF), and Viljar E. Rosales (REF).All of these defendants were sentenced to five years in prison, fined $3125 and had their driving privileges revoked for six years. Also sentenced were: Archie Ray Cross (.224 &.184) Cross was sentenced for one Count of OWI second Offense and One Count of OWI Third Offense. He was sentenced to two years and five years in prison and the sentences are to run consecutive to each other for a total of seven years in prison, a fine of $1850 and $3125 and had his driving privilege revoked for six years. Tuan M. Tran was sentenced for OWI Third Offense and Child Endangerment. He was sentenced to Five years and two years to run consecutive to each other for a total of seven years in prison. His fine was $3125 on the OWI and $625 on the Child Endangerment. His driving privilege was revoked for six years. Valerie Hefferman and Lisa McDonald were also sentenced for OWI Third Offense. They were fined $3125, sentenced to five years in prison with all but 30 days suspended. Their driving privileges were revoked for six years. All OWI Third convictions are felony convictions in Iowa.
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau of Polk County Attorney John Sarcone’s Office.
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