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OWI Report (September 2019)

Tuesday, November 5, 2019

ONE HUNDRED SIX DEFENDANTS SENTENCED FOR OWI THE MONTH OF SEPTEMBER 2019

One hundred six defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of September 2019.

Eighty-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: 

Lawrence Abston, (0.175); Dale Ameigh, (REF); Amanda Andrews, (0.17); Douglas Beckman, (DRE); Terry Bidleman, (0.191); Steven Blades, (0.112); Faith Bourgeacq, (0.098); Andrew Bricker, (REF); Robert Brien, (0.139); April Brown, (0.141); David Callies, (0.159); Demitrius Carrington Patterson, (REF); Tammy Carter, (0.297); Jakeb Chiodo, (REF); Emmanuel Cordero, (0.132); Skyler Crees, (REF); Ash Darjee, (0.133); Catherine Davis, (0.131); Jamaal Dudley, (REF); Michael Enos, (REF); Denterrell Ewing-butts, (REF); Alhasan Ez Al Din, (REF); Matthew Fiene, (REF); Daniel Folkerts, (0.173); Jessica Fowler, (0.268); Brooke Francis, (0.133); Brenda Gardner, (REF); Steven Gilliland, (REF); John Gordinier, (0.195); Stephanie Gorostiague, (REF); Fatina Green, (REF); Shawna Gross, (0.191); David Haskins, (0.143); Pedro Hernandez, (0.24); Billy Hill, (0.155); Darian Huff, (.275); Kayla Hull, (0.106); Alixandria Jacob, (0.161); Kyle Jacobsen, (0.111); Gage Jenkins, (0.169); Michael Just, (0.131); Sita Karki, (DRE/.193); Jeffrey Kirby, (0.145); Andrew Lamb, (0.217); Landon Lemaster, (0.097); Zachariah Lemaster, (0.15); Douglas Lepley, (0.11); Frank Lewellen, (0.233); Steven Malmborg, (0.142); Cameron Manthei, (0.115); Jonathan Mcneal, (0.113); Ryan Moon, (0.094); Ryan Moquin, (REF); Gabriella Mora, (0.159); Geoffrey Morehead, (0.101); Shaun Nilsen, (0.187); Nicholas Olinger, (0.112); Jermonica Ollie, (0.127); Cody Ragan, (0.211); Jose Ramos Rodriguez, (0.218); Mone Ruffin, (0.169); William Sandstrom, (0.235); Jeffrey Savage, (0.213); Michael Sawyer, (DRE); Dylan Schade, (0.17); Neil Schuldt, (REF); Grace Scott, (0.252); Terreon Shabazz, (0.163); John Sims, (0.231); Kiaser Skinner, (0.273); Christopher Smith, (REF); Mateo Snadoval, (0.156); Brett Spaur, (0.142); Deanna Steinbach, (REF); Jesus Suarez Ramirez, (0.103); Rylee Thompson, (0.146); Erik Thompson, (0.197); Shanda Volker, (0.189); Brian Weatherly, (.079/DRE); Megan Weaver, (REF); Andre Wells, (0.138); Noah Whitley, (0.171); Garmai Wilson, (0.141); Lino Yobwan, (0.152); Kristian Zaldana Recinos, (0.229).

Of those defendants sentenced for OWI First Offense this report, thirty-one had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .094 and the high test was .297 (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 nineteen refused chemical testing (denoted by “REF”).

Fifteen 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:

Hillary Baustian, (0.154); Chad Christensen, (REF); Edward Davis, (DRE); Cody Devore, (0.159); Shad Dooly, (REF); Justin Graves, (REF); Devon Haynes, (0.121); Zachary Hill, (0.148); Khang Ho, (0.203); Christopher Lo, (0.212); Ashley Mikkelsen, (REF); Ryan Plew, (0.122); Mirsad Rakovic, (0.127); Steven Steward, (0.096); Brandon Waters, (0.18).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.096 to a high of 0.212 (more than THREE times the legal limit). Four of these defendants refused the chemical test.

There were six 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: 

Billie Byrd, (REF); Bizimana Ciza, (DRE/.289); Justin Jordan, (REF); Michelle Merck, (0.181); Clarence Nance, (0.206); Christian Pedersen, (0.162).

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 2019, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Kate Clark, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Josh Schuhardt, Cheyanne Wallace, and Chelsey Wilson.

OWI Report (August 2019)

Tuesday, November 5, 2019

ONE HUNDRED TWENTY-THREE DEFENDANTS SENTENCED FOR OWI THE MONTH OF AUGUST 2019

One hundred twenty-three defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of August 2019.

Eighty-seven 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: 

Dustin Adams, (DRE); Andiriyas Adum, (REF); Austin Anthony, (0.173); Jesus Aparicio Martinez, (0.154); Ryan Baber, (REF); Kristeen Baerenwald, (0.238); Philip Barber, (DRE); Ronnell Beechum, (DRE); Tatum Bell, (0.143); Timothy Bianchi, (0.093); Surfun Boens, (REF); Kari Borg, (DRE); Benjamin Braafhart, (0.362); Kathrine Brown, (DRE); Markel Buford, (0.228); Patrick Caffrey, (REF); Jacoby Clingman, (0.115); Taylor Cook, (DRE); Sarah Decker, (0.226); Samira Delgado, (0.191); Jessica Doorenbos, (0.174); Dustin Douglass, (0.226); Brittany Dudley, (0.203); Michelle Edwards, (0.176); Nonso Enujiofor, (REF); Shawn Fagen, (0.158); Shawn Fagen, (0.158); John Gallardo, (REF); Anthony Gardner, (DRE); Stephen Hewitt, (0.136); Savon Hill, (0.192); Robert Hitch, (REF); Abby Jeffries, (0.14); Zachary Johnson, (0.11); Trisha Keating, (0.258); Jon Krambeer, (0.151); Tin Kyaw, (0.203); Alec Larson, (0.11); Chelsea Lewis, (REF); Van Lian, (0.229); Eduardo Lopez, (REF); Larissa Lopez, (REF); Say Lovan, (REF); Keith Lucas, (0.134); Ibrahim Lugendo, (0.153); Joseph Luna, (0.302); Brenda Lundgren, (0.209); Samantha Magill, (0.214); Brian Marshall, (0.247); Kevin Martens, (0.211); Menson Martin, (0.004/DRE); Hunter Martin, (0.094); Tyler Mason, (REF); Brandy Mauk, (0.115); Hector Mercado Lopez, (REF); Dale Mercer, (0.193); Elaine Meyers, (0.117); Jennifer Miller, (0.169); Mark Moffitt, (DRE); Michael Morgan, (0.171); Ronald Morgan, (0.172); Daniel Morrow, (0.194); Alyssa Nichols, (0.137); Kojo Otchere Badu, (0.229); Gabe Palmer, (REF); Alaysia Poole, (0.13); Samantha Ragsdale, (0.115); Kenneth Richards, (0.274/DRE); Rebecca Richardson, (DRE); Harvey Ricks, (REF); Breanna Rivas-sandoval, (0.21); Joel Ryan, (0.125); Joshua Shirbroun, (0.141); Joshua Shyman, (0.183); Tyler Smith, (0.116); Katie Smuck, (0.137); David Solomon, (REF); Maxwell Stabenow, (0.139); Laura Stegemann, (0.171); David Stifel, (0.189); Ashley Thompson, (0.141); Teana Towne, (0.228); Michael Trueblood, (REF); Luke Wilson, (0.132); Matthew Winter, (0.338); Taysha Woods, (0.248); Margarita Zepeda, (REF).

Of those defendants sentenced for OWI First Offense this report, thirty-six 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 .362 (more than FOUR times the legal limit). Nine defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and seventeen refused chemical testing (denoted by “REF”).

Thirty-one 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:

Musco Amieth Kongroan, (REF); Abel Andrade, (0.126); David Angen, (REF); Sara Blaess, (0.166); Jonathan Butler, (DRE); Annie Creighton, (REF); Mathew Ditto, (0.211); Dylan Duvall, (0.231); Wayne Goodwin, (0.159); Elizabeth Granja, (0.1); Joy Gullett, (0.125); Sabrina Hayes, (REF); Karan Hodge, (REF); Stephanie Houghton, (REF); Sarah Judge, (REF); Joel Konen, (0.122); Henry Llevano Segovia , (0.226); Kayla Lovanh, (REF); Morgan McGuiness, (DRE); Christopher McKee, (0.241); Ryan McMahon, (0.177); Deanna Mcnamara, (0.166); Joshua McNew, (DRE); David Ott, (0.128); Dustin Perez, (0.221); Donna Potter, (0.177); Breanna Rivas-sandoval, (0.183); Ricky Roberts, (REF); Davon Smith, (0.111); Blaine Tuttle, (0.191); Kenneth Williams, (0.199).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.100 to a high of 0.241 (more than THREE times the legal limit). Nine of these defendants refused the chemical test.

There were five 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 Dedmond, (REF); Alan Diaz, (DRE); Franklin Harris, (0.131); Gene McDade, (0.175); Donell Mustin, (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 2019, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Kate Clark, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Josh Schuhardt, Cheyanne Wallace, and Chelsey Wilson.

Felony Case Summary (October 2019)

Tuesday, November 5, 2019

On October 1, 2019 Curtis Andreas Hill Quijano appeared for sentencing in Case No. FECR328975 for the crime of Possession of a Controlled Substance with Intent to Deliver, to wit:  Cocaine, a Class C Felony.  The Polk County District Court sentenced the defendant to prison for a term of incarceration not to exceed ten years.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On October 10, 2019, Corben Ameigh entered pleas of guilty to Criminal Mischief in the 2nd Degree in FECR326401 and Forgery in FECR327631. The Defendant admitted he damaged a motor vehicle belonging to Brian Barton by breaking the windshield and slashing the tires.  He agreed the value of the damage was over $1500.  He also admitted he cashed a check which he had forged by making it payable to himself without any authority to do so.  He will be sentenced in November. 

On October 10, 2019, Frank Friday appeared for sentencing in FECR327712 on the charge of Theft in the 2nd Degree.  The court accepted the recommendation of the parties and granted the defendant a five (5) year suspended sentence.  He will be on probation for two years during which time he is required to obtain a substance abuse evaluation and complete any recommended treatment, pay restitution, provide a DNA sample, pay a fine of $750 plus 35% surcharge and comply with any other programming required by the department of corrections.

On October 14, 2019 Jabin Matthew Hunziker appeared for sentencing for the crime of Delivery of a Controlled Substance, a Class B Felony, in Case No. FECR327629.  This defendant delivered a controlled substance to a minor, and a no-contact order barring communication between the defendant and the minor was put in place while the case was pending.  Over the State's objection, the Polk County District Court deferred judgment and placed this defendant on probation for two years.  Additionally, the Court extended the no-contact order for five years.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On October 14, 2019 Sean Michael O'Boyle appeared for sentencing for the crime of Possession of a Controlled Substance with Intent to Deliver, a Class C Felony as a Second or Subsequent Offender, in Case No. FECR329564.  Additionally, the defendant also appeared for probation revocation matters in Case Nos. FECR285437, AGCR284677, and AGCR280040 during the same sentencing proceeding.  The Polk County District Court sentenced the defendant to a total prison term not to exceed 26 years amongst all four cases.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On October 17, 2019, Dennis Mugan appeared in FECR324972 and admitted he committed Theft in the 2nd degree by writing a check for payment of property knowing he did not have the funds to cover the check and that it would not be paid when presented.  He will be sentenced in December.

On October 17, 2019, Aaron Grant appeared in FECR311636 and entered a plea of guilty to Forgery, as an habitual offender.  He admitted he wrote a check he knew was forged and that he had no authority to do so, with the intent to commit a fraud.  He will be sentenced in December.

On October 17, 2019 William Anthony Payne appeared for sentencing in Case Nos. FECR317145, SRCR316209, and SRCR317451 for the crime of Possession of a Controlled Substance as a Habitual Offender.  The Polk County District Court sentenced the defendant to prison for a term of incarceration not to exceed 15 years.  The defendant must serve at least three years in prison before becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On October 17, 2019 Casey Robert Millard appeared for sentencing in Case No. FECR327493 for the crime of Possession of a Controlled Substance with Intent to Deliver, a Class C Felony.  The Polk County District Court sentenced the defendant to prison for a term of incarceration not to exceed 10 years.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On October 22, 2019 Jose Anibal Rivera II appeared for sentencing in Case No. FECR327500 for the crime of Possession of a Controlled Substance with Intent to Deliver, a Class C Felony.  The Polk County District Court sentenced the defendant to prison for a term of incarceration not to exceed 10 years.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On October 23, 2019, Kevin Damien Engles was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, as habitual offender, and Failure to Possess a Tax Stamp, a Class D felony, as a habitual offender, and Possession of a Controlled Substance with the Intent to Deliver, a Class D Felony, as a Second or subsequent offender, in case number FE325627.  He was sentenced to a maximum term of incarceration not to exceed forty (40) years with a mandatory six-year term he must serve prior to becoming eligible for parole, all charges running consecutively to one another, to be served with the Iowa Department of Corrections.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 23, 2019, Hillary Joellen Coffey Zern was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE325647.  The Court deferred judgement and granted the defendant an opportunity on probation for a term of two (2) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 23, 2019, Todd Paul Brekke was sentenced for the crimes of Dominion or Control of a Firearm by a Prohibited Person Subject to a Protective Order, a Class D felony, in case number FE328948.  The Court deferred judgement and granted the defendant an opportunity on probation for a term of two (2) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 24, 2019, Bradley Scott Lockard plead guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C Felony, in case number FE328649.  The Court deferred judgement and granted the Defendant on opportunity in probation for a term of two (2) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 24, 2019, Roberta Putney appeared in AGCR327736 for purposes of sentencing.  She previously pled guilty to Neglect of a Dependent for allowing her young child to be unsupervised on the public streets of Des Moines.  She admitted she was intoxicated when the child left the home.  The Defendant requested a deferred judgment and the State argued for a suspended sentence. The Court noted the Defendant’s lack of compliance with substance abuse treatment between her plea and sentencing, as well as her inconsistent reports related to her compliance with mental health treatment. The Court entered judgment against her and suspended her sentence, placing her on probation for two (2) years with the condition that she comply with both mental health and substance abuse treatment, a No Contact Order as it relates to the child and any other conditions required by her probation officer.

On October 24, 2019, Damassio Osburn appeared in FCR329130 and entered a plea of guilty to the offense of Criminal Gang Participation.  He admitted he was part of a criminal gang, Heavy Hittas, and did carry a pistol, showing it to people with the intent to intimidate or provoke fear in those people.  The parties agreed pending sentence the defendant could be released from custody under the supervision of the Department of Corrections pretrial release program.  He will be sentenced in December.

On October 24, 2019, Deangelo Greyer appeared in FECR326927 and entered a plea of guilty to Forgery for presenting a fraudulent check to a bank for cash.  The Defendant will be sentenced in December.

On October 24, 2019, Maris Mills appeared in FECR328019.  She entered a plea of guilty to Theft 1st Degree, Fraudulent Practice 1st Degree and Forgery.  She admitted she misappropriated property she had in her possession or control as an employee of a company, and disposed of it in a manner inconsistent with the owner’s rights, that she made entries into or altered the records of a business knowing the entries were false and that she forged records. The value of the property or the monies she obtained as a result of her actions was in excess of $10,000.  She will be sentenced December  9.

On October 24, 2019, Leanne Benson appeared in FECR328325 and entered a plea of guilty to the charge of Fraudulent Practice in the 1st Degree for misusing a company credit card and making unauthorized purchases through the company in excess of $13,000.  She will be sentenced December 11.

On October 24, 2019, Jessica Lippold appeared in FECR325692 and entered a plea of guilty to Theft in the 2nd Degree; she admitted she entered Home Depot and stole merchandise with a value over $1500.  She also appeared in FECR321359 for sentencing on the charge of Burglary in the 3rd Degree, to which she had already entered a plea of guilty.  The Court sentenced her on both matters.  The State agreed with the defendant’s request for a Deferred Judgment in both matters. She was placed on probation for 2 years and is required to obtain a substance abuse evaluation and comply with any recommended treatment.

On October 29, 2019, Reginald Bailey appeared for bond review in FECR332230 on a charge of Willful Injury causing Serious Injury.  The Defendant made a possible claim of self-defense in his request for a modified bond.  The State argued the seriousness of the injuries, the fact that a weapon was used and the defendant’s prior criminal history which includes several incidents of violence and weapons use.  The Court modified bond from $25,000 cash only to $15,000 cash only.

On October 29, 2019, Molly Taft appeared for bond review in FECR331332 on the felony charges of Controlled Substance Violation and Failure to Affix a Tax Stamp.  The Court cited the defendant’s prior failures to appear and lack of verifiable address in concluding her bond should not be modified.

On October 29, 2019, Michelle Harrington appeared for sentencing in FECR328006 on the charge of Theft in the Second Degree.  She previously admitted she was responsible for caring for her dependent mother as well as managing her mother’s finances.  She admitted she used her mother’s money to pay her own taxes without any authority to do so.  The defendant requested the Court defer judgment in her case, arguing she did not injure her mother, still cares for her in placement at the defendant’s home as placed by DHS.  She also acknowledged she made poor choices and apologized. The State argued the defendant failed to take sufficient responsibility and given the money involved and nature of the offense she should have a conviction on her record and requested the Court enter judgment, but suspend her sentence and place her on probation.  Although the court expressed concern over the circumstances of the case, the Court gave considerable weight to the fact that DHS has placed the victim with the defendant and granted the defendant’s request for a deferred judgment. The court placed her on probation with certain terms and conditions, including making restitution to her mother.

On October 29, 2019 Shawn Hughlette appeared in FECR330103 and entered a plea of guilty to the charge of Burglary in the Third Degree and sought immediate sentencing. The Defendant admitted he broke into the property of another and while in the business where he knew he had no right to be, he formed the intent to commit a theft from the property an took steps toward stealing property by moving tools from their rightful place to the window where he entered.  He was sentenced, by agreement of the parties, to five (5) years in prison. 

On October 29, 2019 Jeffrey Vivian Jr. appeared in FECR328682 and entered a plea of guilty to the charge of Violation of the Sex Offender Registry, 2nd or Subsequent Offense.  He admitted he failed to comply with the rules of the sex offender registry when he knew he was required to register due to a prior conviction for Assault with Intent to Commit Sex Abuse in 2003.  He also admitted he has twice before been convicted of failed to comply with the sex offender registry.  The parties agreed to a sentence of five (5) years in prison.

Felony Case Summary (September 2019)

Tuesday, October 1, 2019

On September 3, 2019 James Frederick Hunter appeared for sentencing in Case No. SRCR324315 for the crime of Possession of a Controlled Substance as a Habitual Offender.  The Polk County District Court sentenced the defendant to prison for a term not to exceed 15 years consecutive to parole matters.  The defendant must serve at least three years in prison prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On Sept. 9, 2019, Rahsaan Camp appeared in AGCR323842 and entered a plea of guilty, admitted he was driving a motor vehicle in Des Moines, Iowa when he was being pursued by a uniformed police officer in a marked patrol car with lights and sirens.  He failed to stop and exceeded the speed limit by more than 25 miles per hour over the speed limit.  He was also under the influence of an illegal controlled substance at the time. Further, he admitted that he had twice before been convicted of felony offenses, including Robbery in the 1st Degree and Domestic Abuse Assault Third Offense.  The Court sentenced him to a period of incarceration for the offenses of Eluding as an habitual offender and OWI 1st Offense not to exceed fifteen (15) years and one (1) year respectively.  The parties agreed those sentences should be suspended and the defendant should have the opportunity for probation. He will be required to obtain a substance abuse evaluation and maintain full time employment as a condition of his probation, as well as any other requirements imposed by the Department of Corrections.

On September 11, 2019, Tyvon Simms appeared in FECR324693 and pled guilty to Theft in the 2nd Degree.  He admitted he wrote checks on his bank account knowing the check would  not be honored when presented because he knew he had insufficient funds in his account to meet the amounts of the checks.  The Defendant will be sentenced on October 30, 2019.

On September 11, 2019, Marty Deckert appeared in FECR327249 and entered a pela of guilty to Eluding and Operating While Intoxicated. The Defendant admitted he was intoxicated on alcohol and driving a motor vehicle.  When a uniformed police officer attempted to stop him in a marked patrol car with lights and sirens, the defendant ailed to stop and tried to outrun the officer, traveling at speeds in excess of 25 mph over the speed limit.  He will be sentenced October 30, 2019.

On September 12, 2019, Kellie Knapp plead guilty to the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE325963.  She will be sentenced on October 28, 2019 at 10:00 am and faces a maximum term of incarceration not to exceed ten (10) years and five (5) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 16, 2019 Daniel Leroy Green appeared for a probation hearing in Case No. FECR314896.  The defendant was on probation for the crimes of Possession of a Controlled Substance as a Habitual Offender and Eluding, a Class D Felony.  The Polk County District Court revoked the defendant's probation and sentenced the defendant to prison for a term not to exceed 20 years.  The defendant must serve at least three years before he can become eligible for parole.  This case was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On September 17, 2019 Madisyn Sue Hansen appeared for sentencing for the crimes of Possession of a Controlled Substance with Intent to Deliver, a Class C Felony; Tax Stamp Violation, a Class D Felony; and Theft of a Motor Vehicle, a Class D Felony.  The Polk County District Court sentenced the defendant to prison for a term not to exceed 10 years.  This case was prosecuted by the Polk County Attorney's Office Drug and Gang and Major Offense Bureaus.

On September 23, 2019, Angelia Duff appeared in FECR326120 and entered a plea of guilty to the charge of Fraudulent Practice in the First Degree.  She admitted she misrepresented her employment when claiming unemployment compensation and received over $10,000 from the State to which she was not entitled.   She will be sentenced in November.

On September 23, 2019, Andrew Cameron Edwards appeared in FECR323377 and entered a plea of guilty to Serious Injury by Vehicle by Reckless Driving.  He admitted he turned in front of another vehicle, failing to yield the right of way, and struck another vehicle, which caused a serious injury to the driver of that vehicle, specifically, a cut which required 10 stitches and a fractured sternum.  He also pled guilty to public intoxication in SMAC383869.  He admitted he appeared in Court on August 21, 2019 (when he was to plea to the above referenced incident) and had been drinking and was legally intoxicated.  He will be sentenced November 6.  He will remain in jail pending sentence as part of the plea agreement.

On September 23, 2019, Patrick Day appeared in FECR327018 and admitted he broke into or entered an occupied structure without any authority with the intent to commit a theft therefrom, a Burglary in the 3rd Degree.  He also admitted in AGCR328925, that he drove a motor vehicle without the permission of the owner.  Finally, he admitted he used a credit card which did not belong to him to make purchases to which he was not entitled, with a value less than $1500 in AGCR330280.  He will be sentenced on those matters on November 13.

On September 23, 2019, Trevon Phillips appeared in FECR328375 and entered a plea of guilty to the charge of Failing to Comply with the Sex Offender Registry, 2nd or Subsequent Offense.  He admitted he got “side tracked” and forgot to register his vehicle with the State Sex Offender Registry. He will be sentenced November 9, 2019.

On September 24, 2019, Charles Hunter Everman appeared in Court in FECR323333 for sentencing on the charges of Vehicular Homicide by Reckless Driving and Serious Injury by Vehicle-Reckless Driving.  The Defendant previously pled guilty to those offenses and admitted he drove his vehicle in a reckless manner by speeding over 70 mph in a 35 mile an hour zone during rush hour at an Ankeny intersection in the rain.  He failed to successfully navigate through traffic and struck a vehicle driven by Samantha Kriegel, who was killed.  Everman’s passenger, Ellie Martens was seriously injured due of his actions, suffering injuries to her vertebrae, which had to be fused.

The Court conducted a sentencing hearing before entering judgment against the defendant.  In support of his request for a deferred judgment, the defendant submitted 11 letters of support and made a statement to the Court expressing his remorse and outlining his plans for the future. He asked the Court to give him a chance to prove he is worth a second chance. A deferred judgment is a non-conviction and allows the defendant to have the charge removed from his criminal record if he is successful on probation. The State, represented by Jaki Livingston, argued to the Court the defendant should have a meaningful opportunity for a future, but the fact that he took a life should never be erased from his record.  The State asked the Court to enter a conviction against the defendant for the offenses.  The Department of Correctional Services completed an investigation as they are mandated to do under the law.  DCS recommended to the Court that the defendant be given the opportunity for probation, citing his lack of criminal history, his family support and his employment.

The parties agreed at the time of the plea the two sentences, a Class C Felony and a Class D Felony, would run concurrent to each.  Ellie Martens is the girlfriend of the defendant and conveyed to both parties that she did not want to be a part of the criminal case against the defendant.  In consideration of her wishes, the State would not agree to dismiss the charge but would agree to recommend the sentences for the two offenses run concurrent to each other. Additionally, the State agreed to not argue for imprisonment.

The Court considered the statement of the defendant, the letters of support and the argument of his counsel.  The Court also heard victim impact statements from the mother, father and two sisters of the deceased and considered the arguments of the State.  The Court weighed the factors he is required to consider and determined that although the defendant is young and has no prior criminal, or even traffic, history, he acted recklessly and took the life of another person and seriously injured his girlfriend.  The Court entered judgment against the defendant and sentenced him to a period of incarceration not to exceed ten (10) years on the charge of Vehicular Homicide by Reckless Driving and five (5) years on the charge of Serious Injury by Vehicle-Reckless Driving, concurrent to each other.  The Court suspended the sentences and placed the defendant on probation for three (3) years with the requirements that he obtain a mental health evaluation and comply with any recommended treatment and maintain full time employment.  He is required to pay fines of $1000 and $750 plus a 35% surcharge for each fine.  He is required to pay the City of Ankeny $8823.00 for the destruction of a fire hydrant and the victim’s heirs $150,000.00.  As a result of the conviction, the Department of Transportation will revoke the defendant’s driving privileges for two (2) years.

On September 26, 2019 Leo Tracey Cowles appeared for a combined probation disposition and sentencing proceeding in Case Nos. SRCR309999 and FECR318795 for the crimes of Possession of a Controlled Substance, Third Offense, a Class D Felony and Possession of a Controlled Substance as a Habitual Offender, respectively.  The Polk County District Court sentenced this defendant to a prison term not to exceed 20 years.  The defendant must serve at least three years in prison before he can become eligible for parole.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

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