Attorney’s Office

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Note: Disposition reports will be removed after sixty days. If you need more information about a case, you can contact the clerk of court or do a case search on Iowa Courts Online.

Felony Case Summary (October 2018)

Thursday, November 1, 2018

On October 16, 2018, Tino Michael Diapico appeared in Polk County District Court in criminal number FECR308869.  Diapico pleaded guilty to Possession of a Controlled Substance With Intent to Deliver (in excess of five grams of methamphetamine) as a Second or Subsequent Offender.  Diapico was sentenced to a term of imprisonment not to exceed 40 years and must serve a mandatory minimum one-third of the sentence before being eligible for parole.  The mandatory minimum was reduced by one-third based on Diapico's acceptance of responsibility.  The Polk County Attorney's Office Drug and Gang Bureau prosecuted Diapico.

On October 23, 2018, Leroy Keith plead guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, Failure to Possess a Tax Stamp, a Class D felony, and Eluding, a Class D felony, in case number FE318610.  He was sentenced to a maximum term of incarceration not to exceed ten (10) years, five (5) years and five (5) years, consecutive to each other and consecutive to his parole revocation.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Harold Dudley was sentenced today to life in prison without the possibility of parole plus 25 years for killing his wife Mary Dudley.  Dudley was convicted by a jury on 9/14/2018 of Murder in the First Degree and Burglary in the First Degree.  Judge Scott Rosenberg Ordered the sentences to be served consecutively.  Polk County Attorney John Sarcone and Assistant Polk County Attorney Michael Hunter prosecuted the case with the assistance of Legal Assistant Diane Aldrich.

On October 29, 2018, Cody Anderson plead guilty and was sentenced for the crime of Possession of a Simulated Controlled Substance With Intent to Deliver, a Class C felony, in case number FE316904.  He was sentenced to a maximum term of incarceration not to exceed ten (10) years, consecutive to his probation violation, for a total of twenty (20) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 30, 2018, Linda Riggan plead guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, as a second or subsequent offender, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE318769.  She was sentenced to a maximum term of incarceration not to exceed thirty (30) years and five (5) years, consecutive to each other, for a total of thirty-five (35) years, also consecutive to her parole revocation.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 30, 2018, Todd McReynolds plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, in case number FE306328.  He will be sentenced on December 11, 2018 and faces a maximum term of incarceration not to exceed seventy-five (75) years with a mandatory one-third term he must serve prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 30, 2018, Kevin Bean plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, while in the immediate possession or control of a firearm, in case number FE316035.  He will be sentenced on December 11, 2018 and faces a maximum term of incarceration not to exceed fifty (50) years with a mandatory one-third term he must serve prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 30, 2018, Marco Roman-Luviano was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE317920.  He was sentenced to a maximum term of incarceration not to exceed ten (10) years, but this sentence was suspended and he was placed on probation.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

OWI Report (Sep 2018)

Friday, October 19, 2018

One Hundred forty-six DEFENDANTS SENTENCED FOR OWI THE MONTH OF September 2018

One hundred forty-six defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of September 2018.

One hundred five of those defendants were prosecuted for OWI First Offense. OWI First Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in county jail and a maximum fine of $1,250. The Court MUST impose a minimum sentence of two days in the county jail 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 just 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 an OWI First Offense. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.

Those defendants appearing for sentencing for OWI First Offense in this reporting period were:  

Mohamed Abdirahman, (0.204); Thomas Anderson, (0.18); Jakob Ankeney, (0.115); Austin Ballard, (0.118); Joseph Balvanz, (REF); Scott Barton, (0.119); Scott Bown, (REF); Chap Bui, (0.158); Travis Busch, (0.157); Jorge Caizaguano Dutan, (0.202); Ronald Carr, (0.154); Eduardo Castillo Aguilar, (0.164); Charles Cephas, (0.176); Sarah Cochran, (DRE); Jamie Cole, (REF); Melissa Collins, (0.162); Robert Conklin, (REF); Robert Coons, (0.193); Mark Cossman, (0.123); Amy Crawford, (REF); Lily Criswell, (0.111); Minh Dinh, (REF); Thomas Eddis, (DRE); D'juan Ellis, (0.136); John Falsey, (REF); Christopher Gayles, (0.158); Erik Gerver, (0.135); Nicholas Gladstone, (0.123); Christopher Greve, (REF DRE); Joseph Guedenkauf, (0.119); Nitesinot Haile, (0.093); Mintesinot Haile, (0.18); Karyn Hanson, (0.104); Timothy Harris, (0.242); Bruce Holtry, (REF); Anthony Jackson, (REF); Fatmata Jalloh, (DRE); Neal Jarvis, (0.161); Eliza Kelley, (0.172); Paula Kemp, (0.161); Chase Knox, (REF); Selvedin Kovacevic, (0.101); Kaitlin Kromminga, (REF); Christopher Lachky, (0.164); Charles Lee, (0.21); Suzanne Mason, (REF); Gary Mason, (DRE); Lindsay McBroom, (REF); Amareka Mcmillion, (0.182); Amber Miller, (0.156); Denny Mongar, (0.175); Bobby Mumford, (REF); Mohamed Musa, (REF); Shawn Neff, (0.168); Misty Nelson, (0.134); Diana Neubauer, (0.147); Rachel Neumann, (0.205); Tara Nguyen, (REF); Peter Niphong, (REF); Janet Nystrom, (DRE); Inmar Ochoa Andrade, (REF); Jason Ogletree, (0.294); Erika Ontiveros, (0.132); Ikolong Oromo, (REF); Miguel Palacios Avila, (0.143); Michael Palm, (0.24); Coleton Paskert, (0.102); Stephen Peoples, (0.128); Angeles Perez, (0.163); Angeles Perez, (REF); Michael Potts, (REF); Stephanie Purifoy, (REF); Crystalene Quintanilla, (0.116); Joseph Riley, (REF); Samantha Rockwell, (0.186); Kelly Rohde, (0.127); Jerry Rosander, (0.215); Jeffrey Ross, (DRE); Jacob Ruby, (0.136); Lindsay Sampson, (0.204); Scott Sauter, (0.178); Kelli Schnurr, (REF); John Schrempf, (0.119); Tracy Schrier, (DRE); Kent Seieroe, (REF); Nicholas Sherinian, (0.142); Andrew Shipman, (0.215); Amber Sirk, (0.236); Quincy Smith, (DRE); Corey Smith, (REF); Jeffrey Smith, (0.114); Brandon Stromer, (0.157); Christopher Sybounheuang, (0.18); Eric Temeyer, (0.11); Jonathan Teran, (REF); Vritie Thammarath, (0.159); Maria Tristan Saucedo, (REF); Jessika Trusova, (0.153); Kevin Tye, (0.115); Alex Velazco, (0.169); Benjamin Wiederholt, (REF); David Woiwood, (0.163); Christopher Wood, (REF); Ja Dawn Wright, (REF); Jacob Zimmerman, (0.162).

Of those defendants sentenced for OWI First Offense this report, thirty-five had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .093 and the high test was .294 (more than THREE times the legal limit). Eight defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and twenty-eight refused chemical testing (denoted by “REF”).

Thirty-seven defendants appeared for sentencing 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 $6,250. The Court MUST impose a minimum sentence of seven days in county jail and a minimum fine of $1,875, upon conviction of OWI Second Offense.

Those defendants appearing for sentencing for OWI Second Offense in this reporting period were:

Eric Alexandres, (0.21); Eric Anderson, (REF); Daniel Caveye, (0.144); Rebecca Coronado, (0.088); Rebecca Coronado, (REF); Stephen Cox, (0.175); Chad Ebelsheiser, (REF); Benjamin Erickson, (0.131); Ashwal Gak, (REF); Alaina Goddard, (REF); Will Hansen, (0.197); Joseph Heaberlin, (REF); Phillip Heitmann, (0.183); Lacey Heston, (REF); Michelle Keys, (0.158); Heather Knoop, (0.222); Jennifer Kuntz, (REF); Gena Mitchell, (0.111); Jon Morton, (0.162); Mitchell Nida, (0.237); Joel Patton, (REF); Walther Pogyo-ochoa, (0.156); Todd Poortinga, (REF); James Potter, (0.173); David Riley, (REF); David Riley, (REF); Benjamin Riley, (0.248); Vicente Rubio Arriaga, (0.154); Holly Russell, (0.124); Jordan Sears, (REF); Jesse Sink, (0.204); Charlie Stroud, (0.163); Nicholas Verhuel, (REF); Scott Wagner, (REF); Gregory Wentland, (REF); Destiney Werner, (0.139); Kyii White, (0.185).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.088 to a high of 0.248 (more than THREE times the legal limit). Sixteen of these defendants refused the chemical test.

There were four defendants sentenced this reporting period for OWI Third Offense.  OWI Third Offense is a Class D felony, punishable by up to five years in prison and by a fine of up to $9,375. The Court MUST sentence a defendant convicted of OWI Third Offense to a minimum of thirty days in county jail and a minimum fine of $3,125. The defendants appearing for sentencing for OWI Third Offense in this reporting period were: 

Trent Buchholz, (REF); Rudy Depaz Colocho, (REF); Richard Hurd, (REF); Norma Vondra, (DRE/REF).

These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau of Polk County Attorney John Sarcone’s Office. For the month of September 2018, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Maurice Curry, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Megan Carter, Melanie Lumley, Chelsey Wilson, and Erica Zimmerman.

OWI Report (August 2018)

Monday, October 1, 2018

One Hundred sixty-four DEFENDANTS SENTENCED FOR OWI THE MONTH OF August 2018

One hundred sixty-four defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of August 2018.

One hundred twenty-two of those defendants were prosecuted for OWI First Offense. OWI First Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in county jail and a maximum fine of $1,250. The Court MUST impose a minimum sentence of two days in the county jail 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 just 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 an OWI First Offense. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.

Those defendants appearing for sentencing for OWI First Offense in this reporting period were:  

Khalil Adams, (0.095); Ashley Alafa, (0.109); Humberto Alvarez, (0.149); Blair Baetsle, (0.132); Baron Barjolo, (0.087); Austin Benge, (0.161); Sabrina Bocek, (REF); Madalyn Boettcher, (0.219); Gregory Boggs, (0.169); Brent Boucher, (0.255); Casey Brose, (0.113); Jarrett Brown, (REF); Kelin Burke, (REF); Mona Caldwell, (REF); Jeffrey Carstens, (0.223); Lynn Cerjak, (0.138); Travis Cleghorn, (0.197); Joshua Clemens, (0.238); Blake Costello, (REF); Lacy Covarrubias, (0.13); Diane Cuttell, (0.163); Blake Davis, (0.171); Nicholas Dawe, (0.169); Hillary Dean, (REF); Dennis Deaton, (REF); Nicole Deering, (0.167); Faith Elder, (REF); Brady Engel, (0.156); Sarah Fernandez, (0.111); Travis Foreman, (0.189); Travis Foreman, (REF); Willis Fry, (0.263); Jennifer Gabbert, (0.11); Kory Gioffredi, (REF); Erica Goforth, (REF); Wyatt Grafton, (0.14); Shuntee T. Green, (0.146); Shawn Green, (0.191); Michael Greene, (0.12); Trey Hall, (REF); Jessica Hall, (0.162); Devin Hawkins, (0.099); Dustin Henry, (0.252); Gary Hiebert, (0.136); Michael Hoffpauir, (DRE); Robert Houston, (0.116); Kimberly Hughes, (REF); Amy Hupp, (REF); Vath Inthabounh, (0.126); Timothy Jaynes, (0.148); Ryan Johnson, (0.185); Darian Johnson, (REF); Kevin Kauzlarich, (0.214); Chelsey Klismith, (0.177); Britton Klomstad, (0.173); Lawrence Krugler, (0.134); Austin Lang, (0.08); Amanda Larson, (0.344); Sandra Latch, (0.115); Tye Lettow, (0.147); Eric Lorenzen, (0.157); Tyler Magnani, (0.219); Mitchell Maiers, (0.134); Patrick McLaughlin, (REF); Jordan Miyoshi, (0.184); Brandon Montgomery, (0.213); Candace Moore, (0.106); Maxmillian Alek Moore, (0.099); Justin Morrison, (0.133); Leonel Munoz Velez, (0.134); Nicholas Neal, (0.222); Sebastian Newkirk, (0.145); Kristi Neyens, (0.158); Alec Nunez, (REF); Kevin Oehlert, (0.133); Steefano Olivares, (0.184); Melissa Olivo, (0.283); Anyi Overlin, (0.209); Victoria Patterson, (0.130); Michael Patz, (REF); Joseph Perkins, (0.152); Mark Perry, (REF); Timothy Peterson, (0.209); Richard Pettinger, (0.141); Michelle Plautz, (0.214); Sandhip Pokhrel, (0.156); Genna Prine, (0.143); Juan Ramirez, (0.096); Yvette Ramirez, (0.200); Juan Ramirez Guerrero, (0.1); Hector Rodriguez Rivera, (0.117); David Rubio, (0.118); Terrance Russell Jones, (0.104); Matthew Sandvold, (REF); Edgar Santiago-Juarez, (0.141); Jimmy Saravia Flores, (0.166); Ceritta Savage, (0.128); Leslie Schechtman, (REF); Gloria Severino, (0.194); Tyler Stoner, (REF); Richard Tarin, (0.139); Richard Tarin, (0.208); Casey Tarr, (0.16); Marla Taylor, (0.213); Ryan Terrebonne, (0.134); Joseph Thomas, (0.117); Justin Vercher, (REF); Mary Waage, (0.321); Lucas Wall, (0.145); Parker Walsh, (0.097); Daniel Wehrman, (0.17); Melissa West, (DRE); Santino White, (REF); Joseph White, (REF); Robert Williams, (0.178); Colin Williams, (REF); Kevin Wilson, (REF); Sean Wilson, (0.148); Donald Woods, (0.241); Shelly Wright, (0.124); Erick Yego, (0.175); Peter Zblewski, (0.236).

Of those defendants sentenced for OWI First Offense this report, forty-five had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .080 and the high test was .344 (more than FOUR times the legal limit). Two defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and twenty-five refused chemical testing (denoted by “REF”).

Thirty-nine defendants appeared for sentencing 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 $6,250. The Court MUST impose a minimum sentence of seven days in county jail and a minimum fine of $1,875, upon conviction of OWI Second Offense.

Those defendants appearing for sentencing for OWI Second Offense in this reporting period were:

Traci Amerson, (0.276); Aric Archer, (0.31); Keith Batson, (0.239); Kristie Becker, (0.219); Tyler Blecker, (DRE); Alec Boeckholt, (0.226); Justin Brooks, (REF); Robert Bryant, (REF); Jamie Cunningham, (REF); Spencer Davis, (REF); Mauricio Erazo Salazar, (0.107); Cindy Flippo, (0.183); Dennis Gauley, (REF); Robert Grafton, (REF); Tonda Greene, (0.104); Russell Gullickson, (0.247); Mohamed Haroun, (0.275); Brian Hernandez, (0.154); Curtis Hoch, (0.149); Jennifer Hol, (REF); James Hultman, (0.245); Mickayla Kenworthy, (REF); Matthew Kretzinger, (REF); Rajesh Kumar, (0.259); Charlotte Lozano, (0.153); Ned Lynch, (0.296); Mathew Mickle, (0.197); Nathan Overholser, (0.179); Richard Owens, (0.127); Tyler Pratt, (0.292); Tyree Riley, (REF); Diego Sanchez, (0.116); Brandon Stanford, (0.112); Patrick Streeter, (0.142); Ruot Teny AKA Puok, (REF); Hari Tiwari, (0.221); Jacquelyn Vrchota, (0.212); Marty West, (0.198); Theresa Wilson, (0.184).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.104 to a high of 0.310 (more than THREE times the legal limit). Ten of these defendants refused the chemical test.

There were three defendants sentenced this reporting period for OWI Third Offense.  OWI Third Offense is a Class D felony, punishable by up to five years in prison and by a fine of up to $9,375. The Court MUST sentence a defendant convicted of OWI Third Offense to a minimum of thirty days in county jail and a minimum fine of $3,125. The defendants appearing for sentencing for OWI Third Offense in this reporting period were: 

David Buchanan, (0.217); Raymond Johnson, (0.203); Dekoda Parrish, (REF).

These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau of Polk County Attorney John Sarcone’s Office. For the month of August 2018, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Maurice Curry, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Megan Carter, Melanie Lumley, Chelsey Wilson, and Erica Zimmerman.

Felony Case Summary (September 2018)

Monday, October 1, 2018

On September 4, 2018, Tiffany Lea Guzman plead guilty and was sentenced for the crime of Possession of a Controlled Substance, second offense, an aggravated misdemeanor, in case number FE317543.  She was sentenced to a maximum term of incarceration not to exceed two (2) years.  She further admitted she had violated her probation in case number FECR303223 and this sentence was ordered to be served consecutive, for a total of twelve (12) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 5, 2018, Donald Reimers plead guilty to the crime of Possession of a Controlled Substance Third Offense, a Class D felony, as a habitual offender, in case number FE315922.  He will be sentenced on October 23, 2018 and faces a maximum term of incarceration not to exceed fifteen (15) years with a mandatory minimum three year term he must serve prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 5, 2018, Larry Miller was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE315826.  He was sentenced to a maximum term of incarceration not to exceed ten (10) years, but this sentence was suspended and he was placed on probation.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 11, 2018, Bobby Palmer, Jr. was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, and Failure to Possess a Tax Stamp, a Class D felony, as a habitual offender, in case number FE315054.  He was sentenced to a maximum term of incarceration not to exceed forty (40) years with a mandatory one-third term he must serve prior to becoming eligible for parole and a fifteen (15) year term, concurrent to each other but consecutive to his parole revocation.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 11, 2018, Bryan Fausett plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE317591.  He will be sentenced on October 30, 2018 at 10:00 a.m. and faces a maximum term of incarceration not to exceed ten (10) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 20, 2018, David John Nash appeared in Polk County District Court in criminal number FECR305820 for sentencing.  Nash was sentenced to terms of imprisonment not to exceed 10 years for Possession of a Controlled Substance With Intent to Deliver (methamphetamine) and five years for Failure to Possess a Tax Stamp.  The sentences are to be served consecutively for a prison term not to exceed 15 years.  Nash was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On September 20, 2018, Daniel Kashgen Hellmers appeared in Polk County District Court in criminal number FECR316803 for sentencing.  Hellmers was sentenced to terms of imprisonment not to exceed 10 years for Possession of a Controlled Substance With Intent to Deliver (methamphetamine).  The prison sentence was suspended and Hellmers was placed on probation for two years and fined $1,000.00. Hellmers was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On September 21, 2018, Austin Pohlad appeared in FECR270308 for a probation violation hearing.  He admitted he violated his probation by failing to complete community service work. He asked the Court to convert his community service obligation to a fine. The Court did so and the Defendant paid $978.75 to the Clerk of Court and was discharged from probation.

On September 21, 2018,  Jenna Williams appeared in SRCR319635 and entered a plea of guilty to the charge of domestic abuse assault. She was sentenced to 30 days in jail and given credit for 30 days served and a no contact order was entered prohibiting her from having contact with the victim in this case.   She also appeared for a probation violation hearing in FECR283127.  She stipulated she violated the terms of her probation by committing the new offense of domestic abuse.  The Deferred Judgement she had received on the charge of Arson 2nd Degree was revoked and judgment was entered.  She was continued on probation with an added condition of probation that she reside at the Beacon of Life Facility. 

On September 21, 2018,  Tami Jo Hodges appeared for sentencing in FECR310967 on the charge of Dependent Adult Abuse-Financial Exploitation and in FECR315444 on the charge of Failure to Appear. The State requested imprisonment due to her failing to appear, and that she committed a new offense pending disposition of the offense.  The Defendant apologized and took responsibility for her actions. She admitted to needing substance abuse treatment.  She requested probation and asked the Court to grant her a deferred judgment. The Court found that she had not before been supervised in the community and believed she deserved that opportunity.  The Court ordered the sentences suspended and placed her on probation for two years.  The sentences were ordered to be served consecutive to each other should her probation be revoked.  The Court also entered a no contact order prohibiting contact with the victim of the dependent adult abuse offense.

On September 21, 2018 Dale Friedel appeared in FECR316721 and entered a plea of guilty to the charge of Burglary 3rd Degree.  He asked the Court to go forward with immediate sentencing and agreed to be sentenced to prison for a period not to exceed five (5) years. On recommendation of the State the Court dismissed Count II, possession of burglary tools. 

On September 25, 2018, William Oliver Hickey was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, and Possession, Receipt, Transportation, or Dominion and Control Over a Firearm as a Convicted Felon, a Class D felony, as a habitual offender, in case number FE313665.  He was sentenced to a maximum term of incarceration not to exceed thirty-five (35) years with a mandatory one-third term he must serve prior to becoming eligible for parole and a fifteen (15) year term, consecutive, for a total of fifty (50) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 28, 2018, Deonta Brown appeared for a probation violation hearing in FECR298913.  This was his third report of violations.  He admitted he absconded probation. He is on probation in Marshall County and already stipulated to the violations there.  He asked the Court to dispose of his case today, that he would have his deferred judgment revoked.  The Court enter Judgement on the charge of Theft 2nd Degree and sentenced him to five (5) years in prison.  The Court suspended that sentence and ordered him on probation for two (2) years with the condition that he remain in jail pending space available at the department of corrections residential facility in Marshall County.

On September 28, 2018, Shawn Ley Rosenbalm appeared for a hearing on his probation in FECR285743.  He has previously stipulated to violating probation and was ordered to jail for contempt which he could purge by completing certain obligations.  He appeared today with proof of his compliance.  His contempt was purged and he was discharged from probation.

On September 28, 2018, Armonte Hart appeared in FECR310445 and AGCR308996. He stipulated he violated the terms of his probation by committing a new offense.  The Court ordered him to reside at the Fort Des Moines Facility and to remain in jail until there is space.               

On September 28, 2018, Ray-Lon Houston appeared in FECR317910.  He pled to several offenses: Burglary 3rd Degree, Domestic Abuse Assault c/ Injury, and two counts of Child Endangerment.  He admitted he broke into his ex-girlfriend’s home, but breaking a window and then argued with her and used a towel to snap her behind and press against the neck causing her pain and a red mark.  He also admitted he exposed his two children to danger by committing the crime in their presence.  Based on agreement of the parties, Houston was granted probation. He was granted a suspended sentence on the misdemeanor offenses of Domestic and child Endangerment but was granted a deferred judgement on the felony offense of Burglary.  He is required to complete domestic abuse classes, a parenting class, a substance abuse evaluation and comply with a no contact order.

On September 28, 2018, Moises Plaza appeared in FECR319278 and entered a plea of guilty to Eluding and OWI. He was granted probation and required to comply with treatment recommendations.

Sera Alexander Sentencing

Tuesday, May 1, 2018

On April 27, 2018, Sera Alexander was sentenced to a ten-year prison term for the shooting death of her stepfather, Anthony Hartmann. She had entered a guilty plea on March 7, 2018 during the third day of a bench trial on the matter. Ms. Alexander was convicted of Involuntary Manslaughter and Reckless Use of a Firearm Causing Serious Injury.

The evidence at trial showed that on May 8, 2017, the defendant came home after a weekend away and went to her upstairs bedroom to begin unpacking. She then heard Anthony Hartmann's voice downstairs. Months earlier, Mr. Hartmann had been arrested for assaulting the defendant's mother, and a no-contact order had been put in place, prohibiting his entry into the home. That no-contact order had since been lifted at the request of the defendant's mother, but the defendant was not aware of this on May 8, 2017. Once the defendant heard Mr. Hartmann's voice, she grabbed her gun from her dresser and went downstairs to confront him.

The defendant located Mr. Hartmann in the basement, where he was gathering tools to fix the defendant's mother's car. She pointed the gun at him and told him to leave. He responded that he was allowed to be there. She told him that if he didn't leave, she would call the police. He responded, "ok, call the police." She then told him that if he didn't leave, she would shoot him. To that he responded, "fine, shoot me." The defendant then shot three times, hitting him twice, causing his death. The defendant claims that Mr. Hartmann had turned toward her threateningly, but the autopsy showed that both bullets went into his back.

The defendant presented evidence at trial of a significant history of domestic violence in the household for several years. The defendant claimed to be the witness, and occasionally the victim, of such violence. Her attorney argued that this experience colored the defendant's reaction to the encounter in the basement on May 8, 2017. However, the defendant admitted that she acted too quickly, and that her actions were not legally justified.

The defendant was sentenced by the Honorable Scott Rosenberg. She was ordered into the custody of the Iowa Department of Corrections for a period not to exceed ten years. As a convicted felon, she will not be permitted to possess a firearm in the future.

This investigation was led by Des Moines Police Department detectives Aaron Entrekin and Lorna Garcia. The case was prosecuted by Assistant Polk County Attorneys Shannon Archer and Kevin Hathaway with assistance from Diane Aldrich and intern Katherine Dick.

The trial and sentencing was held at the Drake Legal Clinic as part of the First Year Trial Practicum, a program that allows students at Drake Law School to observe a trial from beginning to end.

Miguel Lorenzo-Baltazar Verdict

Monday, April 9, 2018

On April 2, 2018, Miguel Lorenzo-Baltazar was convicted by a jury of Murder in the First Degree, a class A felony.  Lorenzo-Baltazar was convicted of shooting and killing Jeffrey Mercado in the 1800 block of Oakland Avenue in Des Moines on July 28, 2017.  Lorenzo-Baltazar will be sentenced on April 17, 2018 and faces a term of life in prison without the possibility of parole.  The defendant was prosecuted by attorneys of the Polk County Attorney's Office Drug and Gang Bureau with the assistance of legal assistants Lindsay Morris and Laurie Bence.

Warning: Common Scams

Tuesday, March 27, 2018

The Polk County Attorney's Office is warning you to be on the lookout for scammers.  If you or someone you know has fallen victim to a scammer, contact your local police department to report the crime.

Here are some of the more common scams:

IRS and Tax scams - Scammers will call you, send you emails or messages trying to trick you into thinking you are receiving legitimate communication from the IRS or others in the tax industry.  You need to know the IRS does not initiate contact with taxpayers by email, text messages or social media to request your personal or financial information.  If you get a message asking for PIN numbers, passwords, access information for credit cards, banks or other financial accounts, DO NOT respond, DO NOT open any attachments, and DO NOT click on any links.  Instead forward the message to phishing@irs.gov and then delete the original email.

Sweepstakes and lottery scams - Fraudulent telemarketers will call, claiming you won a sweepstakes, lottery or a vacation.  If they ask you to pay any fees at all to claim your prize, this is a scam.  Hang up and DO NOT PROVIDE ANY PERSONAL OR FINANCIAL INFORMATION TO THE CALLER.

Sweetheart scams - Scammers will create fake profiles on dating websites, "woo" you and then try to convince you to send them money in the name of love.  Any online love interest who asks for money is probably a scam artist.  DO NOT GIVE THEM ANY FINANCIAL INFORMATION.

Tech support scams - If you get a call from a well-known tech company, such as Microsoft, claiming there is a problem with your computer, hang up.  DO NOT GIVEN THEM ACCESS TO YOUR COMPUTER OR PASSWORDS.  If you give them access to your computer, they can install malicious software (malware) that can steal your financial information.

Grandparent scams - Scammers will call you, pretend they are your grandchild and tell you they are stranded or in jail somewhere and need money wired to them.  If they try to claim they are your grandchild, MAKE SURE THEY IDENTIFY THEMSELVES BY NAME AND THEN VERIFY WITH OTHER FAMILY MEMBERS WHERE YOUR GRANDCHILD IS LOCATED BEFORE SENDING MONEY BASED ON A PHONE CALL.

Jury Duty / Arrest Warrant scams - Callers will tell you that you failed to appear for jury duty and there has been a warrant issued for your arrest.  They will go on to say the warrant will be recalled if you just pay a fine.  Neither the courts nor law enforcement will call you demanding money to take care of a warrant.  This is a scam.  DO NOT GIVE THEM ANY FINANCIAL INFORMATION.  If you have any question whether the caller is legitimate, hang up, look up the number for the Clerk of Court or the law enforcement agency who supposedly issued the warrant and call them.

James Walden Sentencing

Monday, March 12, 2018

On Tuesday, January 30, 2018, District Court Judge Scott Rosenberg sentenced James Russell Walden Jr. to life without the possibility of parole in the brutal beating death of Sheila Keenan which happened on March 6, 2017 in Des Moines.  Walden, age sixty, was convicted by a jury on December 11, 2017 of Murder in the First Degree.  County Attorney John Sarcone and Assistant County Attorney James Hathaway prosecuted this case on behalf of the State.

Sera Alexander Plea

Thursday, March 8, 2018

Alexander.PNGOn March 7, 2018, Sera Alexander pled guilty to Involuntary Manslaughter and Reckless Use of a Firearm Causing Serious Injury for the May 8, 2017 shooting death of Anthony Hartmann. The defendant had previously claimed self-defense, but acknowledged during the plea proceeding that her actions were not legally justified.

The manslaughter charge is a Class D Felony, punishable by up to five years in prison. The firearm charge is a Class C Felony, punishable by up to ten years in prison. Sentencing has been scheduled for April 27, 2018.

The investigation was led by Des Moines Police Department detectives Aaron Entrekin and Lorna Garcia.

This case was prosecuted by Assistant Polk County Attorneys Shannon Archer and Kevin Hathaway with the assistance of Diane Aldrich and prosecuting intern Catherine Dick.

Abraham Roberts Verdict

Wednesday, January 17, 2018

RobertsOn January 16, 2018, a Polk County jury found Abraham Roberts guilty of Murder in the First Degree in the shooting death of Agnes Yarlee  which occurred on April 15, 2017 in their apartment in Johnston, Iowa.  Roberts, age 39, fired five shots into Ms. Yarlee, including the fatal shot to her head, as she was sitting on a couch in the apartment living room with the couple’s four month old baby positioned at her feet.  After shooting Ms. Yarlee, Roberts fled the state and was captured the following day when he tried to cross over into Canada from International Falls, Minnesota.  Polk County Attorney John Sarcone and Assistant Polk County Attorney Mike Salvner prosecuted the case on behalf of the State.  The defendant will be sentenced on March 5, 2018.  The penalty for Murder in the First Degree is Life Without the Possibility of Parole.

Devin Carter Sentencing

Wednesday, November 1, 2017

Carter.PNGOn October 30, 2017 Devin Marques Carter was sentenced to prison for life without any possibility of parole. He was convicted by jury on September 19, 2017 of Murder in the First Degree of William Dawson, Sr., two counts of Attempt to Commit Murder and Intimidation with a Dangerous Weapon.

In the early morning hours of August 6, 2016, Dylan Freeman got into an argument with William “Bill” Dawson Sr. at Johnny Mac’s Bar and Grill on the east side of Des Moines.  The argument was in regards to $7 and a pitcher of beer.  Dylan confronted Bill about it; the two argued and then went outside. They argued across the street and through the parking lot. Realizing a fight was imminent, William “Bub” Dawson, Jr., Carley and two others walked across the street.  Dylan recognized he was outnumbered.  He returned to the bar and sought out his cousin, Steven Freeman.  Steven had been talking to a friend, Devin Carter.  Dylan told Steven he was about to get jumped by some people. Steven went to make the fight even.  Carter followed.  The Dawson group was standing behind a row of parked cars, discussing leaving when Dylan and Steven came around the cars, ready to fight; Carter went around the back of the group.  Dylan and Steven squared off with Bill and Bub.  From behind, shots were fired.  Bill was shot in the back of the head and the back of the leg twice.  He died as a result of the shot to his head. Bub was shot in the back twice and foot twice.  Carley was shot 5 times in the thigh. 

Johnny Mac’s had a surveillance camera positioned on the outside of the bar to survey the parking lot area.  The shooting took place behind the row of parked cars.  Although the surveillance did not capture the actual shooting, it captured the movements of people coming and going before, during and after the shooting. Witnesses had come outside to see the fight and one of them captured Carter on his cell phone camera. The witness can be heard on the video proclaiming that Carter was the shooter.  Steven Freeman positively identified Carter.

Carter gave statements to the police, adamantly denying his involvement.  He repeatedly claimed he was on the smoke deck at the bar when the shooting occurred. The video showed him in the parking lot. Carter communicated with his mom via text which contradicted his statement to the police as well as the video.  

The trial lasted three weeks with nearly 60 witnesses called to testify.  The video surveillance was strong evidence as well as Carter’s interview with the police.  Carter testified on his own behalf and denied involvement. The jury deliberated 4 hours before returning a verdict of guilty as to each of the four charged counts. The jury found Carter acted willfully, with malice aforethought, premeditation and deliberation in shooting to kill Bill Dawson.  The jury found he intended to cause the death of Bub and Carley and in so doing he set in motion a force or chain of events would cause or result in the death of both Bub and Carley.  The jury also found he had discharged a firearm at, into or within an assembly of people with the intent to provoke fear. 

As the Court pronounced sentence, the courtroom was full of family and friends of the Defendant and victims.   A family member read a victim impact statement on behalf of Linda Dawson, Bill’s mother.  She expressed sadness for Devin Carter’s family, who lost their son.  She voiced no regret for her feelings of satisfaction that the Defendant would lose his freedom for the rest of his life.  She pointed out he would still wake up everyday, talk to his family, experience life.  Her son had lost all of those things at the Defendant’s hands.  Although the State requested consecutive sentences to represent the lives of each of the three victims, the court ran the sentences concurrent to each other noting consecutive sentences would not extend the life sentence imposed for murder.

Dre'Sean Barber Verdict

Tuesday, October 3, 2017

Barber.PNGOn Monday, October 1, 2017, Polk County Jurors found defendant Dre'Sean Barber guilty of Murder in the Second Degree for the shooting death of Edmanuel Perez  on November 29,2015.  Barber was also found guilty of Assault with Intent to Inflict a Serious Injury on Andrew Hurley-Boyd, who was also shot on the same date. Barber, age 26, will be sentenced by Judge Karen Romano on November 17, 2017 and faces up to 52 years in prison.  Under Iowa's mandatory minimum laws, Barber will have to serve at least 70% of his sentence before he is eligible for parole.

The bar where the incident took place, Carbon, at 216 Court Avenue, nearly lost its license after this 2015  shooting. In 2016, the bar's owner signed a "good neighbor" agreement that required the bar to install 24-hour security cameras and hire security guards. Ultimately, after a second shooting in February 2017 and after being cited with several city violations for allowing underage patrons into the bar and serving at least one underage patron, the Des Moines City Council revoked the liquor license for Carbon.

Kyle Jepson Sentencing

Tuesday, October 3, 2017

Image may contain: 1 personOn September 29, 2017 Kyle Jepson pleaded guilty to Murder in the Second Degree and Burglary in the Second Degree, both as sexually motivated offenses. Jepson, who had originally been charged with Murder in the First Degree, was sentenced by the Honorable Judge Robert Blink to a term not to exceed 60 years in prison with a mandatory minimum term of incarceration of 35 years before he is eligible for parole. He will be subject to lifetime registration as a sex offender and will be reviewed for civil commitment proceedings before any parole. The plea agreement was entered with the input of the family of the homicide victim, Gloria Gary. The case was prosecuted by Olu Salami and Jeff Noble with the legal assistance of Pam Wheeler.

Terry Rote Sentencing

Tuesday, August 15, 2017

Rote.PNGOn August 15, 2017, Terri Lynn Rote was sentenced following her guilty plea to Election Misconduct in the First Degree, a Class D Felony. Rote was charged after she was caught voting twice in the 2016 general election.

Due to the serious nature of the offense, the State resisted the defendant's request for a deferred judgment. Over the State's resistance, Judge Robert Hanson granted the defendant a deferred judgment, allowing her conviction to be expunged following successful completion of her term of probation. As a requirement of probation, the defendant has been ordered to obtain a mental health evaluation and follow through with all recommended treatment.

This case was prosecuted by Assistant Polk County Attorney Kevin Bell.

Travis West Verdict

Monday, April 3, 2017

WestOn March 31, 2017 a Polk County Jury found Travis Raymond Wayne West guilty of the crimes of Involuntary Manslaughter, a Class D Felony, and Delivery of Heroin, a Class C Felony, for directly supplying 26 year old Bailey Brady of West Des Moines, Iowa with the heroin that caused her death.  Sentencing is currently set for May 18, 2017.  The defendant faces a maximum sentence of up to 5 years in prison on the Involuntary Manslaughter charge and a maximum sentence of up to 10 years in prison on the Heroin Delivery charge.   This case was prosecuted by the Polk County Attorney Office's Drug and Gang Bureau.  

Keyon Harrison Verdict

Tuesday, October 11, 2016

Harrison.PNGOn October 10, 2016, Keyon Harrison was convicted of Felony Murder in the First Degree for his participation in the shooting death of Aaron McHenry on November 7, 2014 near the intersection of 26th Street and Hickman Lane in Des Moines.  Sentencing is set for November 22, 2016 before the Honorable Judge Paul Scott. This case was prosecuted by Shannon Archer and Jeff Noble with the Polk County Attorney's Office.  The lead investigator for the Des Moines Police Department was Brad Youngblut. 

Wadsworth Verdict

Tuesday, August 30, 2016

Wadsworth.PNGOn August 30, 2016 Norman Charles Wadsworth was found guilty by a Polk County jury of Murder in the Second Degree for the stabbing death of Darlene Crook. The stabbing occurred in the afternoon on October 15, 2014 at an apartment building located at 700 East 5th Street in Des Moines, Iowa.

The defendant previously lived in the apartment building, which was managed by the victim, Ms. Crook. Examination of the body showed that the defendant stabbed the victim approximately 70 times. The defendant was originally charged with Murder in the First Degree, but was convicted of the lesser-included offense following testimony presented by the defense regarding the defendant's mental health.

The Honorable Judge Paul Scott presided over the trial.

Sentencing is currently set for October 20, 2016 at 9:00 a.m. in Courtroom 209A of the Polk County Courthouse.  The defendant is currently being held in the Polk County Jail pending sentencing in this case.

Polk County Sheriff: Don't Fall for Phone Scams

Thursday, August 18, 2016

REMINDER - FRAUDULENT PHONE SCAMS REPORTED ACROSS POLK COUNTY

On Wednesday, August 17th a 79 year old woman received a phone call from a male suspect claiming to be her grandson. The suspect caller told the victim that she needed to send a MoneyGram in the amount of $2,000 so he could get out of jail. The suspect stated that he was involved in car accident and had a broken nose; this gave reason to the victim why the caller did not sound like her grandson.

A short time after sending the requested money the suspect called back stating that he needed an additional $2,000 since a baby had died in the accident. At this point the victim realized that the phone call was a scam and contacted authorities.

This type of activity is a crime and will be investigated and taken very seriously. Anyone receiving this type of telephone notification should not comply with payment. If a call like this is received, don’t offer revealing personal information and ask specific questions. Anything suspicious in nature should be reported to local law enforcement.

Click Here to see a list of some of the more popular phone scams being reported in Polk County.

Please be vigilant and spread the word to your friends, family and coworkers.

Nearly $90,000 in Victim Restitution Recovered

Friday, July 29, 2016

Thanks to the coordinated efforts of the Department of Human Services, the Polk County Sheriff’s Department and the Polk County Attorney's Office, a victim of elder financial exploitation has recovered $89,400.  The victim’s perpetrator was arrested, charged, and pled guilty to Dependent Adult Abuse – Financial Exploitation.  The perpetrator was granted a deferred judgment and placed on probation. 

In Iowa, a person that receives a deferred judgment must abide by all the terms of their probation, including paying Court fines and restitution, before their record is expunged.  Through the diligence of the Polk County Attorney Collection Unit and the Restorative Justice Center, the victim in this case was made whole and received payment in full for restitution. 

This case is an outstanding example of the steps taken to ensure that everyone involved received justice, including both the victim and the perpetrator.  The perpetrator can feel a sense of satisfaction that she was able to successfully complete her probation and have her record expunged--no easy feat considering the amount of the restitution involved.

Although the emotional scars may still remain, it is rewarding to know that the victim has been financially restored to a pre-crime level. 

Patrick Kirwan Sentencing

Monday, June 6, 2016

Kirwan.JPGOn June 3, 2016, Patrick Kirwan was sentenced after a jury convicted him of Murder in the Second Degree for the shooting death of his neighbor, Mark Hruska. Murder in the Second Degree carries a mandatory 50 year prison sentence with a requirement that he shall be denied parole or work release unless he has served at least seven-tenths of the maximum term of his sentence.  At the sentencing hearing the parents of the decedent gave powerful victim impact statements.  Mr. Kirwan declined to exercise his right of allocution.   Detective Brad Youngblut of the DMPD was the lead investigator on the case.  This case was prosecuted by Assistant Polk County Attorneys Michael Hunter and Mike Salvner, with the instrumental assistance of Legal Assistant Lindsay Morris.

Tarry Pote Sentencing

Tuesday, May 10, 2016

Pote.JPGFormer Des Moines Police Officer Tarry Pote was sentenced on May 10, 2016 for a Class C Felony, Theft in the First Degree for theft of approximately $22,000 from the Des Moines Police Department Weight Lifting Club.  Pote’s request for a Deferred Judgment was denied.  The Honorable Judge William Kelly gave the defendant a ten year suspended sentence and two years of probation.  By prior agreement and in support of his request for probation, the defendant agreed to pay the full $22,000 in restitution on May 10, 2016.

Rodriguez Verdict Announced

Friday, May 6, 2016

Leyva.JPGOn May 6, 2016, a Polk County jury returned verdicts against defendant, Jonathan Leyva Rodriguez.  The defendant was charged with six crimes for events occurring in August of 2015.   Defendant struck and killed 41 year old Wade Franck and injured two other bike riders during the Urban Assault bicycling event.  After striking the riders, defendant fled the scene.  The jury convicted Rodriguez of Vehicular Homicide, Leaving the Scene of an Accident Resulting in Death, two counts of Leaving the Scene of a Personal Injury Accident, Driving While Barred and Driving While Intoxicated.   The case was prosecuted by Assistant Polk County Attorneys Mike Hunter and Olu Salami.  The lead investigators were Des Moines Police Officers Dom Ouimet and Mike Dixson.  Sentencing is set for June 17, 2016 at 8:30 a.m. in Courtroom 209A of the Polk County Courthouse before the Honorable Paul Scott.  

Please be safe.  Do not drink and drive.  

Kirwan Verdict

Wednesday, April 27, 2016

Kirwan.JPGOn April 14, 2016 Patrick Kirwan was found guilty of Murder in the Second Degree for the death of Mark Hruska.  Hruska was shot seven times and killed March 1, 2015 at 321 SE Diehl St.  Des Moines, Iowa.

The case was investigated by the Des Moines Police Department, the Des Moines Police Department Identification Section, the Polk County Medical Examiner’s Office and the Iowa Division of Criminal Investigation.  The lead investigator for the Des Moines Police Department was detective Brad Youngblut.

Sentencing is currently set for June 3, 2016 at 8:15 a.m. in Courtroom 208 of the Polk County Courthouse.  The defendant is currently being held in the Polk County Jail pending sentencing in this case.

Richard Shawhan Sentencing

Friday, April 15, 2016

Richard Gene Shawhan, a career criminal, was sentenced on April 14, 2016, to fifty years in prison for the beating death of Jeff Butts after being convicted by a jury of Murder in the Second Degree. In December 2014, Jeff let Shawhan stay with him as Shawhan had escaped and was on the run from the Fort Des Moines Correctional Facility.  On December 27, 2014, Shawhan, for unknown reasons, struck Jeff in the head three times with a baseball bat while Jeff was sleeping.  Jeff succumbed to his injuries on January 4, 2015.  Jeff is survived by his three children and his long-term girlfriend.  Shawhan will have to serve a minimum thirty-five years prior to be considered for parole.  

Lavelle McKinley Sentencing

Thursday, March 10, 2016

On January 16, 2013, Lavelle McKinley, age 42, was arrested and charged with Murder in the First Degree in the beating and strangulation death of Cynthia Rouse whose body was found in her Des Moines apartment on January 14, 2013.  This case took much longer than normal to resolve because of a pre-trial ruling made by the district court that McKinley’s public defenders should not be representing him because the public defender’s office had represented the victim’s husband in a previous unrelated case and had also represented several witnesses in other unrelated cases.  An interlocutory appeal of that ruling was granted by the Iowa Supreme Court but it wasn’t until March 31, 2015 that the Supreme Court filed an opinion which essentially determined that McKinley’s attorneys did not have a conflict of interest and that they could continue to represent him. 

On February 15, 2016 pursuant to a plea agreement, McKinley pled guilty to Murder in the Second Degree and Sexual Abuse in the Second Degree with those sentences to be served consecutive to one another.  Murder in the Second Degree is a Class B felony which has a special sentence of fifty years in prison.  Murder in the Second Degree is a forcible felony which requires the defendant to be sentenced to prison and in addition he must serve 70% of this sentence before he would be eligible for parole.  Sexual Abuse in the Second Degree is a Class B felony which has a sentence of twenty-five years in prison.  Sexual Abuse in the Second Degree is a forcible felony which requires the defendant to be sentenced to prison and in addition he must serve 70% of this sentence before he would be eligible for parole. 

On March 9, 2016, Judge Robert Hanson, sentenced McKinley to fifty years in prison on the Murder in the Second Degree charge and to twenty-five years on the Sexual Abuse in the Second Degree charge.  Judge Hanson required that these sentences be served consecutively which means that McKinley will have to serve fifty-two and one half years of mandatory prison time before he will be eligible for any type of parole.  McKinley will essentially spend the remainder of his life in prison for these violent and unprovoked crimes.  Assistant County Attorney Nan Horvat and Polk County Attorney John Sarcone prosecuted this case.

Ngor Makuey Sentencing

Tuesday, January 5, 2016

On January 4, 2016, Ngor Peter Makuey was sentenced to life in prison plus two years.

Makuey’s life sentence was imposed for the July 2, 2014 murder of 97-year-old Rupert Anderson.  The court imposed a consecutive two year sentence for an assault on Rupert’s wife, 94-year-old Harriet Anderson on the same day. 

In addition to counts of murder and assault, Makuey was also found guilty of Robbery in the First Degree and Burglary in the First Degree.  Sentences for those crimes were ordered to run concurrently with the homicide sentence.

Makuey, who lived nearby the Andersons, was convicted of breaking into the Anderson’s home and attacking the couple with a stainless steel grilling spatula.  Both victims suffered injuries inflicted by this weapon.  Despite their ages and the trauma inflicted on both Harriet and Rupert Anderson, both victims managed to get off calls for help.  Rupert Anderson activated a “Life Alert” device and Harriet dialed 911.  Because of the victim’s actions, police responded to the scene quickly.  Makuey was on the scene, but outside the residence when police arrived.  As police tended to the victims, the defendant fled the immediate area.

Despite his successful flight from the scene, quick thinking by Des Moines Police Officer Darin Miller, allowed officers to take Makuey into custody within an hour of the 911 call.  First responders had been accompanied by a COPS television crew.   The COPS crew captured a video image of the defendant when police arrived.  Miller captured a still image from the COPS video on his (Miller’s) cell phone.  With that image, Miller canvassed the area and found the defendant at his (Makuey’s) home shortly after his escape. Clothing with Harriet Anderson’s blood was found in the same room as the defendant.  The spatula was later also recovered from Makuey’s home.

Makuey served notice of Diminished Capacity and Insanity Defenses and waived his right to a jury trial.  The case went to trial before the Honorable Judge Jeffrey Farrell beginning on November 5, 2015.  Judge Farrell returned verdicts on December 11, 2015 finding the defendant guilty of Murder in the First Degree, Assault with Intent to cause Serious Injury, Robbery in the First Degree and Burglary in the First Degree.

The work of the Des Moines Police Department (in particular Officer Darin Miller, Detectives Lorna Garcia and Brad Youngblut and numerous members of the DMPD Identification Unit) was instrumental in the follow-up investigation and successful prosecution of Makuey.   Similarly, the analysis provided by the DNA section of the Iowa Division of Criminal investigation provided information critical to this prosecution. 

KCCI: How the state deals with OWI Offenders

Wednesday, September 17, 2014

Petithory Metcalf Sentencing

Monday, September 8, 2014

On July 21, 2014, a Polk County jury found Miranda Rose Petithory Metcalf guilty of the crime of Murder in the Second Degree in the stabbing death of Juan Carlos Chavarria.  Petithory Metcalf had been charged with Murder in the First Degree in Chavarria’s death which occurred in a south side apartment in the early morning hours of November 29, 2013 but the jury found her guilty of Murder in the Second Degree.  On Friday, September 5, 2014, District Court Judge Karen Romano sentenced Petithory Metcalf to a term of fifty years in prison which by statute requires Petithory Metcalf to serve 70% of that sentence before she would be eligible for parole.  Petithory Metcalf was also ordered to pay all court costs, restitution, court appointed attorney fees and to pay the estate of the victim $150, 000.  Polk County Attorney John Sarcone and Assistant County Attorney Nan Horvat prosecuted the case on behalf of the State.

Russell & Shorter Sentencing

Wednesday, August 20, 2014

On July 25, 2014, Yarvon Russell and James Shorter appeared in Polk County District Court in criminal numbers FECR269513 and FECR269510 respectively for sentencing. Russell and Shorter were convicted by a Polk County jury of Murder in the Second Degree for their parts in the August 2013 beating death of Richard Daughenbaugh near Second Ave. and the Des Moines River pedestrian bridge. Russell and Shorter were each sentenced to a term of imprisonment not to exceed 50 years and must serve 70% of the sentence before being eligible for parole. Russell was also sentenced to terms of incarceration not to exceed two years and five years respectively upon the revocation of his probation on a charge of Carrying Weapons and a separate charge of Carrying Weapons on School Grounds.

Those sentences were ordered to be served concurrently with each other but consecutively to the 50 years sentence for Murder in the Second Degree. Russell and Shorter join a third codefendant, Kent Tyler, III, who was convicted and sentenced for Murder in the Second Degree in late 2013. Russell and Shorter were prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Contact Us

Polk County Attorney's Office
Polk County Justice Center
222 Fifth Avenue
Des Moines, IA 50309

Phone: (515) 286-3737
Fax: (515) 286-3428
Email: ctyatty@polkcountyiowa.gov