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WEEKLY CASE SUMMARY
04/07/2008 On February 15th, 2008, Michelle Lynn Bartusek, FECR214417, pled guilty to Obtaining or Attempting to Obtain a Prescription Drug by Fraud, Deceit, Misrepresentation or Subterfuge, as alleged in Count I of the Trial Information, in violation of Iowa Code Section 155A.23, 155A.24 and 124.401(1)( c )(8), a Class C Felony. On April 7th, 2008, she received a 10 year suspended sentence and probation with the applicable $1,000.00 fine and 180 day driver's license revocation. This case was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

Chad Theis plead guilty and was sentenced for the crime of Possession of a Controlled Substance, methamphetamine, With Intent to Deliver, a Class B felony, as a second or subsequent offender, in case number FE217742. He was sentenced to a term in prison not to exceed forty (40) years and must serve a mandatory one-third term prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Anthony Skaggs probation was revoked for violations or being charged with a new criminal offense. He was sentenced to prison for a period of ten years for Theft in the First Degree and five years for two counts of Forgery. These sentences were run consecutive for 15 years.

Jerelle Temple was found in violation of his probation for failing to register a change of address under the Sex Offender Registry.

04/08/2008 On February 20th, 2008, Abby Marie Tigges, FECR216433, pled guilty to Possession of a Controlled Substance with Intent to Deliver-marijuana, as alleged in the Trial Information, in violation of Iowa Code Section 124.401(1)(d), a Class D Felony. On April 8th, 2008, she received a deferred judgment was placed on probation for two years and was required to pay the applicable $750.00 civil penalty. This case was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On February 19th, 2008, Laura A. Folsom, FECR216583, 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 8th, 2008, she received a deferred judgment and probation with the applicable $750.00 civil penalty. This case was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

Nicholas Miller pled guilty to Theft 1st Degree in FE217942 for being exercising control over property he took from his employer, knowing it to be stolen. The Court set sentencing for May 20, 2008 at 9:30 a.m.

Brandon Henry pled guilty to two (2) counts of Forgery in FE218306. He was sentenced to ten (10) years in prison for these offenses. As part of the plea agreement, several other charges were dismissed; Defendant was ordered to pay restitution for all matters.

On February 19th, 2008, Carlos Tomas Chia, FECR216391, pled guilty to 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 and Failure to Possess a Tax Stamp, as alleged in Count III of the Trial Information, in violation of Iowa Code Sections 453B.3 and 453B.12, a Class D Felony. The State argued for a 5 year suspended sentence and probation on each count to run consecutive to each other for 10 years. The Defendant argued for a deferred judgment and probation. He received a deferred judgment on both counts, was placed on probation for two years and was required to pay a $750.00 civil penalty on both counts. This case was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

Nekeyshya Harrington was sentenced to an indeterminate term of incarceration not to exceed 10 years in Polk County Criminal Number FECR217151 for the crime of Possession of a Controlled Substance with Intent to Deliver- "Crack" Cocaine. The Court granted Nekeyshya Harrington a suspended sentence, placed her on probation for a period of 2 years, and ordered she attend the Women’s Residential Facility. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On February 20th, 2008, Kory James Avery, FECR216734, 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 8th, 2008, he received a deferred judgment and was placed 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.

On February 20th, 2008, Robert Landon Conard, FECR216504, pled guilty to Possession of a Controlled Substance with the 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 without the firearm enhancement. He was on probation for Driving while his license was barred in case AGCR214558 when he pled to FECR216504. On April 8th, 2008, he was sentenced to prison for 5 years in FECR216504. His probation was revoked in AGCR214558 and he was sentenced to prison for 2 years. The Court ran both prison sentences 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.

Donald Bruce Allen appeared and entered Alford pleas to charges of Neglect of a Dependent Person and Kidnapping in the Third Degree. Sentencing was set for May 28, 2008.

On March 13, 2007, Eric Radloff Randall broke into Krueger’s Gas Station at 1272 8th Street in West Des Moines, Iowa and stole cigarettes, beer and lottery tickets. The lottery tickets were later cashed at Des Moines area convenience stores. During the burglary the defendant was apparently injured and he left blood at the crime scene. That blood was later submitted the DCI Laboratory to be compared with the DNA database. The DNA database identified the defendant in this case, Eric Radloff Randall, as the burglar in this case. The defendant’s DNA was in the database due to a previous conviction. The defendant was brought back from prison and on April 8, 2008 the defendant plead guilty to Burglary in the Third Degree, Count I and Lottery Fraud, Count II. He was sentenced to five years in prison on each count with both sentences to run concurrently. Following his plea of guilty and sentencing, the defendant was returned to prison.

04/09/2008 Ricardo Sandoval pleaded guilty in Polk County criminal number FE 217765. Sandoval admitted to delivering a controlled substance (methamphetamine), a class C felony. Sandoval is scheduled to be sentenced on May 30, 2008 in Polk County district court. Sandoval was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Nora Hook requested a No Contact Order be rescinded barring contact between Nora Hook and Anthony Hook. The request was denied by the court.

Anthony Pinegar appeared in court to answer allegations that he violated the terms of his probation. He agreed that he violated the terms of probation as reported by the Department of Corrections. The court ordered that he be evaluated to determine his need for substance abuse treatment and delayed disposition until later in the month.

Matthew Elliott appeared for a pretrial conference, the case was continued.

State of Iowa v. Derby Herrick - FECR152289 - Hearing was held to lower restitution after receiving court file and defendant’s paperwork. Restitution amounts deemed appropriate. No action taken.

State of Iowa v. Gary Nelson - FECR194874 - Probation violation hearing was held and defendant stipulated to violation of probation – argued disposition. State requested probation be revoked. Judge Hutchison revoked defendant’s probation and imposed the original five year prison sentence for Felon in Possession of a Firearm, a class D felony.

State of Iowa v. Jerome Clinton - FECR217547; FECR219422 - The defendant is a 17 year old, but was charged as an adult in both cases. He turns 18 on June 1, 2008. He entered pleas of guilty to Assault Causing Injury (serious misdemeanor) and Theft in the Fifth Degree. These were reduced charges as he was originally charged with Robbery in the Second Degree. He also entered a plea of guilty to Theft in the Second Degree for stealing a laptop from Hoover High School. The defendant received a deferred judgment on all charges. The effect of this would allow the defendant to avoid criminal convictions if he successfully completes a two year probationary period which requires that he be electronically monitored for a period of time, that he obtain a psychological evaluation and substance abuse evaluation, that he obtain his GED and that he maintain employment.

04/10/2008 Aaron A. Taylor was sentenced before Judge Carla T. Schemmel. Taylor plead guilty to Possession of a Simulated Controlled Substance with Intent to Deliver-Cocaine Base Crack, in violation of Iowa Code Section 124.401(1)(c)(3), a Class C Felony. Taylor received a suspended sentence and probation. As a condition of probation Taylor will remain in custody until there is a bed available at a Halfway House. Taylor was prosecuted by the Drug and Gang Bureau.

Edward Madison’s probation was revoked and his original 5 year sentence for Delivery of a Controlled Substance-Marijuana was imposed. While on probation Madison tested positive for Marijuana and was rearrested for a Domestic Abuse Causing Bodily Injury. The State proved up the new charges during a contested revocation hearing held on January 22, 2008. Madison was prosecuted by the Drug and Gang Bureau.

Jerrelle Temple pled guilty to Failure to register as a Convicted Sex Offender. The defendant also was found in violation of his probation for Failure to register as a Convicted Sex Offender. The Court sentenced the defendant to prison for a term not to exceed four years.

04/11/2008 Kevin Hendrickson appeared for sentencing on a charge of Burglary in the Third Degree. Judge Arthur Gamble granted him a deferred judgment.

Nguyen Vilay appeared and entered a guilty plea to Forgery; sentencing was set for May 23, 2008.

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