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Forty-seven Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of August 25, 2008.
Thirty-five 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.
Those defendants being sentenced for OWI First Offense the week of August 25, 2008 were: Stanley Canova, Viljar Eduardo Rosales, Donald Eugene Crawford, Charles William Privett, Todd Alan Figley, Michael Shane Sellman, Mark A. Janes, Jr., Lamont Verdez Smith, Shirley Jo Jackson, Troy Thomas Marlow, Alise Marie Doster, Robert Connett, Jeremiah W. Tipton, Bradley Allen Essman, Paul William Wilson, Peder S. Skoog, Claire B. LeCroy, Joseph J. Greene, Nicholas John Burns, Jonathan Walter Stevens, John Galbreath, Juan Jurado-Marin, George Morales (Morales was convicted of two counts of OWI First Offense and sentenced to serve sixty days in the County Jail), Timothy Brinkman, Antonio Salazar-Albino, Sarah Marie Reinier, Corey M. Glas, Ramona M. Gullion, Courtney B. McCormick, Tyler J. Collins, Blake J. Ebert, Jordan S. Garcia, John Steven DeVault, Craig Galassi, and Debra L. Ryan.
Of those defendants sentenced for OWI first offense this week, seventeen had a test of greater than .160 (twice the legal limit) and six refused the chemical test. One defendant was convicted and sentenced for his use of drugs other than alcohol. The low chemical test among this group was .087 and the high test was .362 (over FOUR and ONE HALF times the legal limit).
Eleven 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 $5,000. 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 this week were: Jack Carnes, Shawn Robert Smilich, Anne Patricia Offerman, Clifford Leonard Rice, Jr., Matthew j. Reynolds, Robin Albert Baugh, Larry M. Fales (Fales was sentenced to two years in prison), Leslie P. Renaud (Renaud was also convicted of Assault Causing Injury and was sentenced to two years in prison), William Robert Shere, Ricky Lee Conn, and Barry Hayes.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .142 to a high of .265 (over Three times the legal limit).Six of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the forty-six defendants sentenced for OWI first or second offense, thirty-four tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There was one defendant sentenced this week 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 week for OWI third Offense was: Sentenced for OWI Third Offense and Driving while Barred was Alen Medic. Medic was sentenced to seven years in prison, fined $3125 and had his license to drive revoked for six years. Medic may serve all or part of his sentence in an OWI facility operated by the Iowa Department of Corrections, such as a facility located on the grounds at Fort Des Moines.
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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