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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 2017)

Monday, November 6, 2017

On October 3, 2017, James Raymond Baenisch appeared in Polk County District Court in criminal numbers FECR300845 and FECR308516.  Baenisch's probation was revoked in FECR300845 and he was sentenced to a term of imprisonment not to exceed ten years for the crime of Possession of a Controlled Substance With Intent to Deliver (methamphetamine) and pleaded guilty to Eluding a Pursuing Law Enforcement Vehicle in FECR308516 and was sentenced to a term of incarceration not to exceed five years.  The sentences are to be served consecutively to each other for a total term of imprisonment not to exceed 15 years.  Baenisch was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On October 11, 2017, Trenton Dahm was sentenced for 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 FE304670.  Judgment was deferred and he was placed on probation for two years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On October 19, 2017, Xavier Morrow was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver and Delivery of a Controlled Substance, Class C felonies, in case numbers FE300752 and FE300753.  He was sentenced to a maximum indeterminate term of incarceration of fifteen (15) years on each count, consecutive, with a mandatory minimum three year term in each case 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 24, 2017, Brittney Latreece Smith appeared in Polk County District Court in criminal number FECR303424.  Smith was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver (methamphetamine).  Smith was sentenced to a term of imprisonment not to exceed 10 years which was suspended.  Smith was placed on probation for a term of three years and fined $1,000.00.  Smith was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On October 24, 2017, Cesar Ismail Cabanillas appeared in Polk County District Court in criminal number FECR307531.  Cabanillas pleaded guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver (in excess of five grams of methamphetamine).  Cabanillas was sentenced to a term of imprisonment not to exceed 25 years.  Cabanillas must serve a mandatory minimum one-third of his sentence before he is eligible for parole.  The minimum was reduced by one-third based on his acceptance of responsibility. Cabanillas was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On October 24, 2017, Rahsean Jenkins plead guilty to the crimes of Possession, Receipt, Transportation, or Dominion and Control Over a Firearm as a Convicted Felon, a Class D felony, in case number FE300758.  He will be sentenced on December 6, 2017 and faces a maximum indeterminate term of incarceration of five (5) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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.

OWI Report (Sep 2017)

Monday, October 9, 2017

One Hundred Forty-two DEFENDANTS SENTENCED FOR OWI THE MONTH OF September 2017

One hundred forty-two defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of September 2017.

One hundred nine 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:  

Shelbi Alex, (0.165); Shameikwa Allen, (REF); Nicholas Barsetti, (0.116); Isaiah Becker, (REF); Ryan Bernard, (0.135); Aaron Bodenstedt, (0.160); Ty Brown, (0.210); Jacob Bruns, (REF); Peter Canova, (DRE); Christina Caraballo, (0.212); Jason Carlstrom, (REF); Toby Champalath, (0.195); Erik Clark, (0.118); Jessica Cochrane, (0.152); Nathan Conlon, (REF); Bradley Courtney, (REF); James Dale, (REF); Kalli Day, (0.119); Corey Dickey, (0.097); Robert Dobson, (REF); Nicole Downing, (REF); Delong Evans, (0.157); Marshall Field, (DRE); Benjamin Fulton, (REF); Malory Gavin Forliti, (0.192); John Gehrke, (REF); Owen Geiken, (0.212); Dennis Giehl, (REF); Destiny Gonzales, (0.163); Sarah Hambrick, (REF); Kiersten Hansen, (0.222); Kiersten Hansen, (0.167); Juleo Harris, (DRE); Matthew Herteen, (REF); Orville Hill, (REF); Harold Holt, (REF); David Hove, (0.232); Win Htoo, (0.154); Maung Htway, (REF); Spencer Hunter, (0.200); Laron Jackson, (DRE); Elizabeth James, (DRE); Elizabeth James, (DRE); Joyce Johnson, (REF); Joshua Johnson, (REF); Margaret Jones, (0.201); Nhan Kien, (0.194); Luk Koat, (REF); Timothy Kroupa, (REF); Dustin Kurrle, (0.2); Laval Lamar, (0.254); Troy Langel, (0.154); Kimberley Larson, (0.215); Kow Lei, (0.204); Mark Lopez, (0.118); Florencio Lopez Clemente, (REF); Jacklyn Lowe, (0.094); Daniel Lozano Coronado, (0.124); Laura Ludwig, (0.112); Javier Marquez, (0.149); Iridian Marquez Lopez, (0.216); Steven Mayo, (0.224); Shelby Mcandrew, (0.228); Lawrence McKenzie, (0.195); Emil Mehic, (REF); Juan Melendez, (REF); Jessica Mernka, (DRE); Hardy Mitchell, (REF); Logan Muse, (REF); Jordan Musselman, (REF); Kolby Naylor, (0.113); Tyler Nelson, (0.175); Joshua Nemitz, (REF); Roy Neumann, (0.098); Michelle Newby, (0.198); Tommye Nichols, (REF); Tycin Nickens, (0.108); Nancy Overturff, (0.137); Corser Paine, (0.111); Lucas Peck, (0.152); Reed Pegram, (0.200); Nyumah Peter, (REF); Emnie Peters, (0.123); Shawna Presnall, (0.134); Ajdin Ramic, (0.341); Jim Rasavanh, (0.092); Terrance Robinson, (0.089); Armando Rojas, (REF); John Roland, (0.364); Ashley Rooker, (REF); Marjurie Rosales Lara, (REF); Bergan Ross, (0.201); Josiah Ross, (0.151); Wayne Schieffer, (0.163); John Scott, (0.137); Thomas Sheppard, (0.096); Daryl Shotwell, (0.207); Leann Slack, (0.197); Kayla Smiley, (REF); Nicholas Smith, (REF); Randel Smith, (0.18); Misty Sorter, (REF); Frezghi Tewelde, (0.19); Alexander Villalobos Cortez, (0.135); Jacob Walker, (0.116); Cameron Weese, (0.174); Matthew Wilbur, (0.132); Amanda Wilken, (0.138); Lawrence Yates, (0.127).

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 .089 and the high test was .364 (more than FOUR times the legal limit). Seven defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and thirty-six refused chemical testing (denoted by “REF”).

Thirty-two 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:

Andrew Aspelund, (0.226); Danny Boswell, (REF); Elizabeth Brown, (0.205); Tammy Dent, (0.122); Joseph Etter, (0.174); Zachary Flick, (REF); Wallace Franklin, (REF); John Gudin, (0.141); Christopher Hankenson, (REF); Tadeo Heredia, (REF); Raedean Jackson, (REF); Donald Johnson, (REF); Jeffery Kell, (REF); Laval Lamar, (0.275); Jose Lazo Calderon, (REF); Deanna Lewis, (REF); Russell Marlow, (0.359); Matthew Mickle, (0.205); Monica Murray, (REF); Justin Nicolet, (0.217/DRE); Robert Page, (REF); Ismael Prieto Hipolito, (0.133); Ruben Rodriguez Garcia, (0.192); Travis Schultz, (0.155); Toni Scott, (0.124); Nathan Son, (REF); Joshua Templeman, (REF); Jeffrey Walker, (REF); Billy Willett, (0.187); Steven Wilson, (REF); Terry Young, (0.150); David Zulaica, (0.120).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.120 to a high of 0.359 (more than FOUR times the legal limit). Sixteen of these defendants refused the chemical test.

There was one defendant 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 defendant appearing for sentencing for OWI Third Offense in this reporting period was: 

Robert Esparza, (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 2017, 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.

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.

Felony Case Summary (September 2017)

Monday, October 2, 2017

On September 11, 2017, Kenny Claytor 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 FE306025.  He was sentenced to a maximum indeterminate term of incarceration of ten (10) years, but this sentence was suspended and he was placed on probation for two years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On September 12, 2017, Ashley Rathjen was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, two counts, Class B felonies, as a second or subsequent offender, in case numbers FE299016 and FECR299018.  She was sentenced to a maximum indeterminate term of incarceration of twenty-five (25) years and thirty (30) years, consecutive, with a mandatory one-third term she 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 12, 2017, Rodney Hughes was sentenced for the crime of Deliver of a Controlled Substance, a Class C felony, in case number FECR283170.  He was sentenced to a maximum indeterminate term of incarceration of 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 22, 2017, Chance Ahndrai Maurice Talbert appeared in Polk County District Court in criminal number FECR302258 for sentencing.  Talbert earlier pleaded guilty to two counts of Tampering with Records, Possession of a Controlled Substance (marijuana) and Failure to Possess a Tax Stamp.  Talbert was sentenced to two terms of imprisonment not to exceed two years on the Tampering with Record charges, six months on the Possession of Controlled Substance charge and five years for Failure to Possess a Tax Stamp charge.  The sentences were ordered to be served consecutively to each other for a total of 9 years and six months.  The sentences were suspended and Talbert was granted probation for a period of two years.  Talbert was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On September 22, 2017, Gary Dean White, Jr., appeared in Polk County District Court in criminal number FECR304052 and FECR307113. White pleaded guilty to Possession of a Controlled Substance With Intent to Deliver (methamphetamine) as a Habitual Offender in FECR304052 and Theft in the Second Degree in FECR307113.  White was sentenced to a term of imprisonment not to exceed fifteen years in FECR304052 and five years in FECR307113. The sentences were ordered to be served consecutively to each other for a total of 20 years. White must serve a minimum of three years in FECR304052 before being eligible for parole. White was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On September 22, 2017, Katelund Elizabeth Jeffrey appeared in Polk County District Court in criminal number FECR304051. White pleaded guilty to Possession of a Controlled Substance With Intent to Deliver (methamphetamine).  Jeffrey will be sentenced in October of 2017. Jeffrey was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

Aaron Ortiz pled guilty to Assault with Intent to Commit Sexual Abuse Causing Bodily Injury in Polk County case FECR305976.  Ortiz attacked the victim while she was entering her home after walking her dog.  He attempted to sexually assault her while she desperately tried to get away.  The victim was injured as a result of this assault.  The defendant was sentenced to the maximum sentence for this offense, an indeterminate term of incarceration not to exceed five years and ordered to have no contact with the victim.  Ortiz was on probation for a charge of Robbery in the Third Degree when he committed this new offense and the new sentence was ordered to be served consecutively to his probation sentence, for a total term not to exceed seven years.  This case was prosecuted by Assistant Polk County Attorney Michael Hunter.

On September 27, 2017,  Jacob Ira appeared in FECR279503 for a probation violation hearing. He had previously admitted he violated his probation by using illegal substances, failing to attend treatment and failing to meet his financial obligations. following the stipulation, and before the disposition hearing the Defendant completed all requirements. He was continued on his probation, with the term extended, and is required to continue to comply with his treatment program and payment plan.

On September 27, 2017, David LeCount appeared in FECR306744 for a bond review hearing . He is charged in this matter with Burglary in the 3rd Degree.  When he was charged with this offense, he was probation in Hamilton County, pursuant to court order from April, 2017.  He failed to sign up for that probation and was subsequently arrested and revoked from that probation in September,2017.  He has a significant history of non-compliance with probation as well as several occasions of violating no contact orders.  The State resisted a modification of his bond.  defendant requested an OR release.  The Court denied the Defendant's request to modify.

On September 27, 2017, Alex Finn appeared in FECR290447. He stipulated he violated his probation by being arrested on new charges and using alcohol.  His disposition will be held November 6, 2017

On September 27, 2017, Chad Johnson appeared in FECR292267.  He stipulated he violated the terms of his probation by using illegal substances.  His attorney will explore placement at Bridges of Iowa and he will appear again October 6, 2017 for disposition.

On September 27, 2017, Tabatha Waddell appeared in FECR289928.  She admitted she was in violation of her probation by missing appointments with her probation officer. She has been in compliance with DHS and Juvenile Court services.  She paid over $600 in victim restitution.  The Court found her in contempt for 10 days and released her back onto probation with the condition that she re-involve herself in treatment.

On September 27, 2017, Chess Goodman appeared in FECR292295 and FECR304129 for which he is on probation.  He stipulated he violated the terms of his probation by being arrested for a new offense and absconding,  Disposition is set for October 27, 2017.

On September 27, 2017, Kaleb McKinsey appeared in FECR299532 and SRCR301979. He stipulated he violated the terms of his probation by absconding and committing a new offense.  His Deferred Judgment was revoked ad he was sentenced to prison for 5 years in FECR299532. He stipulated he violated his probation in SRCR301979 and was revoked from probation and ordered to served ten days contempt.

On September 27, 2017, Antwon Johnson appeared in FECR206711 and stipulated he violated probation by being arrested for a new offense and absconding,  He was sentenced to 8 days contempt.  He will remain in jail for another 3 days and then be released and ordered to continue his probation.

On September 27, 2017, Robert Williams appeared for a probation hearing inFECR303476.  He stipulated he absconded supervision . He will continue on probation with the added condition that he reside at the Salvation Army. 

OWI Report (Aug 2017)

Tuesday, September 26, 2017

One Hundred Fifty-Five DEFENDANTS SENTENCED FOR OWI THE MONTH OF August 2017

One hundred fifty-five defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of August 2017.

One hundred sixteen 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:  

Chad Adams, (REF); Sameer Al Zaidi, (0.082); Nicholas Armstrong, (REF); Michael Arndt, (0.131); Cody Arnold, (0.226); William Ashby, (0.196); Jennifer Ashman, (0.135); Arnes Bahtagic, (0.188); Eric Barsetti Dority, (0.376); Dustin Bennett, (0.091); Kevin Bettin, (DRE); Emily Blair, (0.218); Hannah Bock Pauscher, (REF); Eddie Bounnavong, (0.145); Samuel Breakbill, (REF); Wendy Brewer, (0.219); Jeffery Brodsack, (REF); Hunter Burke, (0.119); Lyle Burnett, (REF); Kyle Butts, (0.213); Collin Caffrey, (REF); Adam Canty, (0.167); Jose Cardenas Flores, (0.121); Jeremy Cartwright, (REF); Samantha Case, (REF); Lawrence Christian, (0.227); Samantha Coady, (0.108); Kalmal Coleman, (REF); Benjamin Combs, (REF); Nathan Connolly, (REF); Chalei Craig, (0.181); Trae Cropp, (0.109); Betty David, (0.123); Jeffrey Downing, (0.131); Jesse Downs, (0.125); Jenna Doyel, (0.113); Kristyn Durst, (REF); Mary Edgington, (0.130); Nicolas Estrada, (0.099); Tammy Fife, (REF); Steven Flores Romero, (DRE); Tyrek Harden, (0.111); Krista Haugland, (0.090); Robert Hayden, (0.329); Matthew Haynes, (0.234); Jesse Henley, (0.109); Robbie Hilzer, (DRE); Bradley Hoffman, (0.210); Tiffany Howser, (0.154); Krista Hudson, (0.087); Jacob Huston, (0.106); Elias Ibarra Mercado, (0.140); Vita Ilnitsky, (DRE); David Jackson, (0.345); Emily Jaeger, (0.185); Andrew Jensen, (0.123); Jessica Johnson, (0.185); Sejad Kadric, (DRE); Michael Kaplianngura, (0.191); Kimberlee Keenan, (0.2); Mark Kehret, (0.152); Chelsea King, (0.117); Alexander Kirkpatrick, (0.192); Todd Landis, (REF); Lisandra Lopez, (0.154); Jefferson Lopez, (REF); Tyler Losen, (0.122); Robert Mason, (REF); Robert Mason, (REF); Payton Mass, (0.167); Hannah Mayer, (0.099); Chad McDanel, (0.116); Andrew McNamara, (0.137); Jennifer McTaggart, (0.167); Blanico Minter, (0.188); Paul Morales Castillo, (REF); Thong Nguyen, (REF); Maxim Novak, (0.097); Naing Oo, (0.121); Yobana Perez Ramos, (0.179); Matthew Remmers, (DRE); Chad Reynolds, (0.184); Daniel Ridout, (DRE); Arthur Roberts, (0.233); Timothy Roberts, (0.120); John Roland, (0.364); John Schaefer, (0.176); Abigail Seeger, (0.146); Darrell Simmons, (0.144); Darrell Simmons, (REF); Grant Simpson, (0.243); Hillary Snyder, (0.252); Taw Soe, (0.259); Austin Stanfield, (0.125); Julie Steuber, (0.155); Alexis Storbeck, (0.253); Taylor Thompson, (0.176); Harold Thompson, (REF); James Thorpe, (0.132); Alexis Timm, (0.168); John Tolson, (0.166); Ryan Tomlinson, (REF); Benjamin Tweeten, (0.198); Kobe Vathananonh, (REF); Nathan Voelker, (0.299); Jacob Voss, (0.139); Andrew Wagner, (0.142); Demarcus Walls, (0.145); Joe Warburton, (REF); Stacy Ward, (DRE); James Whitcomb, (DRE); Paul Wiborg, (0.132); Kimberly Willie, (REF); Ayreon Wogerman, (0.145); Maitay Yao, (0.094); Jason Zagar, (0.183).

Of those defendants sentenced for OWI First Offense this report, thirty-eight had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .082 and the high test was .376 (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 twenty-five refused chemical testing (denoted by “REF”).

Thirty-two 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:

Abdalla Abdelwahab, (REF); Isaac Ardon, (REF); William Ashby, (REF

); Eugene Barrick, (0.127); Richard Blair, (REF); Brittani Bower, (REF); Abbey Braband, (0.169); Casey Callison, (REF); Adam Canty, (REF); Brett Corrigan, (REF); Brian Gardner, (REF); Roberta German, (REF); Fahrudin Ikeljic, (0.183); Lisa Keis, (REF); Abigail King, (0.15); Steven Kinney, (REF); Susan Kyle, (0.176); Marie Long, (REF); Kuir Marier, (REF); Frank McCarl, (REF); Robert Meadows, (REF); Michelle Merck, (DRE); Lana Modlin, (0.164); Rachelle Morrill, (0.184); Baleigh Moureau, (REF); Edin Napreljac, (REF); Ezekiel Phelps, (REF); Chad Reynolds, (REF); Anthony Tedesco, (0.200); Kenneth Thompson, (0.189); Mark Vanhauen, (0.101); Matthew Williamson, (REF).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.101 to a high of .200 (more than TWO times the legal limit). Twenty of these defendants refused the chemical test.

There were seven 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: 

Marca Bowser, (REF); Alfonso Deng, (REF); Alfonso Deng, (REF); Shellie Faught, (REF); Deanna Limke, (REF); Kuir Marier, (0.296 - DRE); Carl Stroud, (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 2017, 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.

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