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WEEKLY CASE SUMMARY |
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03/31/2008 |
A probation revocation hearing was held for the
defendant Damon Shields. The defendant stipulated the report of
violations, specifically that he escaped from the Fort Des Moines
Residential Facility. The defendant's probation was then revoked and
the original sentence was imposed. The defendant 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)(3), A Class C Felony. The defendant must serve a mandatory
minimum 1/3 of his sentence prior to being eligible for parole. Shields
was prosecuted by the Drug and Gang Bureau.
Jesus Antonio Guiterrez-Miranda pled guilty and was
sentenced before Judge Carla Schemmel. The defendant pled guilty to
Possession of a Controlled Substance with Intent to Deliver-Marijuana,
while in immediate possession of a firearm and Failure to Possess a Tax
Stamp, in violation of Iowa Code Sections 124.401(1)(d), 124.401(1)(e),
453B.3 and 453B.12, both Class D Felonies. The defendant was sentenced
to 15 years in prison. The defendant was prosecuted by the Drug and
Gang Bureau.
Robert A. McCleary was convicted in Polk County criminal number FE 208274. McCleary pleaded guilty and was sentenced for the crime of Delivery of a Controlled Substance (methamphetamine) as a Second or Subsequent Offender. McCleary was ordered to serve a term not to exceed fifteen years in prison and must serve a mandatory minimum one-third of his sentence before he is eligible for parole. A fine of $1000.00 was suspended due to his incarceration. A related charge of Conspiracy to Deliver a Controlled Substance (methamphetamine) was dismissed as part of a plea agreement. McCleary was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
State of Iowa v. Michelle Crow - FECR217637 - Ms. Crow entered pleas of guilty to three counts of Forgery, each a Class D Felony. She was represented by the Drake Legal Clinic and will be sentenced in approximately six weeks. During her guilty plea, Ms. Crow reported that she purchased a software package at a local office supply store that allowed her to print checks on her home computer. She admitted that she used a routing number assigned to a closed account of hers.
State of Iowa v. Jordan Seidenkrantz - FECR204400 - A probation revocation hearing was held. Seidenkrantz has been on probation since 2006 after being convicted of Theft in the First Degree and Assault with a Weapon. He was given an opportunity to complete the Youthful Offender Program, but failed. He was given an opportunity to complete the program at the Fort Des Moines Men’s Residential Facility, but failed. He continued to violate his probation and the State presented evidence at the hearing supporting the judge’s finding that he had committed numerous violations of probation. A dispositional hearing in this case will take place in approximately two weeks. At that time the judge will decide whether or not to impose the original prison sentence and revoke the defendant’s probation. The defense requested the additional time in an effort to identify programs and services that might be available to their client in an effort to persuade the court to allow their client to remain on probation.
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04/01/2008 |
On or about February 13th, 2008, Cody Allen Burns,
FECR215823, 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 April 1st, 2008, he was sentenced as follows: 5 year
suspended probation and probation with the applicable $750.00 dollar
fine and 180 day driver's license revocation. He will be required to
complete a substance abuse evaluation and follow any treatment
recommendations. The Defendant was on probation for OWI (drunk driving)
when he picked up this new charge. This case was prosecuted by the Polk
County Attorney's Office Drug and Gang Bureau.
Patrick Conner was sentenced to prison in Polk County Criminal Number FECR217282 for a period not to exceed 15 years for the crime of Possession of a Controlled Substance with Intent to Deliver - Cocaine Base "Crack," as a Second or Subsequent Offender. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
Michael Hay was sentenced for the crime of Sexual Abuse in the Third Degree. The defendant was sentenced to a period of incarceration not to exceed ten years.
Travis Robinson was sentenced for the crime of Conspiracy to Deliver a Controlled Substance, methamphetamine, a Class C felony, in case number FE215294. He was sentenced to a term in prison not to exceed ten years and was placed on probation for two years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
Sara Elizabeth Hersh plead guilty to OWI First Offense and Serious Injury by Reckless Driving. Those charges arose from events that occurred on August 22, 2007, when the defendant was operating a motor vehicle westbound on Ingersoll Avenue while under the influence of prescription drugs. She struck two cars and a pedestrian causing damage to the two cars and serious injury to a pedestrian. The defendant was sentenced to one year on the OWI charge and five years on the Serious Injury by Vehicle charge. Her sentence was suspended and the defendant was placed on probation for two years. The defendant was fined $2,000.00 and required to comply with all of the standard OWI conditions of probation, including the two day OWI First Offense Program and revocation of her driver’ s license.
State of Iowa v. Paul Germain, FECR 207223 and FECR 215883 - In May of 2007, Paul Germain was placed on probation after pleading guilty to Theft in the First Degree, a Class C Felony. In October of 2008 he was arrested and charged with Identity Theft, Class D Felony, for using the identification information of another to obtain credit cards. He pled guilty to that charge on February 19th, 2008. Today he appeared for sentencing on the Identify Theft and a probation revocation on the Theft charge. Against the State’s objection, the Court granted Mr. Germain a suspended five year prison sentence for the Identity Theft. That five year sentence was ordered to run consecutive to the current 10 year suspended sentence. Mr. Germain was sentenced to 2 years of formal probation with 100 hours of community service and restitution.
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04/02/2008 |
On February 21, 2008, Yancey Russell was found guilty by a Polk County jury in Criminal Number FECR215083 of Possession of a Simulated Controlled Substance with Intent to Deliver – Simulated Cocaine Base “Crack” and Delivery of a Simulated Controlled Substance – Simulated Cocaine Base “Crack”. On April 2, 2008, Yancey Russell was sentenced to prison for a period not to exceed 10 years for those crimes. The defendant was found guilty of attempting to sell simulated cocaine base “crack” to three undercover police officers with the Mid Iowa Narcotics Enforcement Task Force. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
State of Iowa v. Anthony Lamb - FECR217314 - The defendant plead guilty to Possession of Marijuana, and was sentenced to serve six months in jail. The sentence was suspended and he was placed on probation for one year. He must complete forty hours of community service.
State of Iowa v. Christopher Steele - OM64245 - The defendant was sentenced to five years in prison after pleading guilty to Operating While Intoxicated, Third Offense.
State of Iowa v. Miguel Myers - FECR218804 - The defendant requested a hearing to have his bond reviewed. It was changed to $15,000.00 cash or surety over State’s objection.
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04/03/2008 |
Julie Landry pleaded guilty as charged in Polk County criminal number FE 217576. Landry was indicted by the Polk County Grand Jury for the crimes of Involuntary Manslaughter and two counts of Delivery of a Controlled Substance (methadone). Landry is scheduled to be sentenced on May 27, 2008 at 9:00 a.m. in Polk County District Court. Landry is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
Thomas Victor Rhodes III, FECR218241, 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. He
waived time and notice and requested immediate sentencing. The Court
granted him a deferred judgment and placed him on probation for two
years with the applicable $750.00 civil penalty. This case was
prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.
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04/04/2008 |
On February 27, 2008, Timothy Allen Smith was tried for committing
multiple counts of Child Endangerment Resulting in Serious Injury upon
his infant son. He was accused of inflicting a skull fracture and brain
injury on his seven month old son. He was also charged with inflicting a
second brain injury and skull fracture on the same child when the child
was thirteen months old. On April 4, 2008, Judge Don Nickerson convicted
Timothy Allen Smith of Multiple Acts of Child Endangerment Resulting in
Serious Injury. Mr. Smith is currently in the Polk County Jail awaiting
sentencing. He will be sentenced on May 18, 2008.
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