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OWI Report (February 2019)

Friday, March 15, 2019

ONE HUNDRED FORTY DEFENDANTS SENTENCED FOR OWI THE MONTH OF FEBRUARY 2019

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

Ninety-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: 

Ronnie Albritton, (0.218); Ambrose Alor, (0.157); Kenneth Ayers, (0.234); Dawn Baumunk, (0.106); Ezequiel Beaty Cordova, (0.115); Alexander Bertrand, (0.218); Kimberly Boettcher, (0.157); Peter Brockman, (0.152); Nicholas Bucklew, (0.201); Jamie Cada, (0.188); Sheki Cadick, (0.169); Julious Calderon, (REF); Mykell Cameron, (0.146); Karington Chladek, (0.202); Stuart Clausen, (0.143); Amanda Conti, (0.234); Roxane Crozier, (0.178); Daivon Daniels, (0.122); Devin Davis, (0.157); Miguel Diaz De Leon, (0.129); Alyssa Dimig, (0.114); Doyle Elwell, (DRE); Kevin Fradiue, (0.153); David Gaines, (REF); Kellan Gannon, (0.119); Adrian Garcia, (REF); Daniel Garcia Martinez, (0.139); Ramona Graham, (REF); Dana Grosklags, (0.137); Cody Grubbs, (0.213); Ryan Gunderson, (0.212); Madeline Habhab, (0.204); Hrang Herh, (REF); Miguel Hernandez Dominguez, (0.111); Jaime Hernandez Lopez, (REF); Jacob Horstman, (0.236); Patrick Hunter, (REF); Michael Iseman, (0.24); Charlotte Jones, (0.14); Antavis Jumper, (0.243); Hanifa Karic, (0.169); Chandra Kraft, (0.182); John Lako, (0.15); Bradley Lepley, (REF); Eduardo Lerma-guerrero, (0.169); Jessica Limke, (0.096); Daniel Lolik-lado, (REF); Abedi Lombe, (0.217); Kray Lukehart, (REF); Amanda Major, (REF); Nathan Mann, (0.196); Trafonia Massenberg, (0.101); Steven Mcallister, (0.26); Derrick McCoy, (0.196); Brant Mcelwee, (0.168); Melanie Means, (0.171); Norval Michael, (REF); Dale Millard, (REF); Jose Mora Arreola, (0.146); Kristina Moseley, (0.106); Sarah Nemmers, (0.171); Kevin Ohde, (0.264); Derrick Ord, (0.255); Jennifer Oswalt, (0.103); Simon Peter, (0.14); Luke Pettey, (DRE); Miguel Pizarro, (0.204); Domingo Raymundo, (0.287); Colby Richardson, (0.158); Michael Rife, (REF); Cole Rushing, (DRE); Taylor Sample, (REF); Adam Schoene, (0.13); Jared Schwartz, (0.182); Craig Scrivner, (REF); John Shaffer, (0.129); Mary Short, (0.050/DRE); Darrell Smith, (0.099); Jennifer Smith, (REF); Sean Speicher, (0.17); Shannon Springer, (0.155); Carrington Stalzer, (0.142); Zachary Stephen, (DRE); Sterling Svaleson, (REF); Christopher Thelen, (0.178); John Thomas, (REF); Taylor Turnbull, (0.139); Gavin Walls, (0.136); Alysia Webster, (REF); Stephen Wedgwood, (REF); Ryan Weis, (0.096); Eric Wentz, (REF); Alexander White, (REF); Troy Willett, (0.173); Tyler Young, (DRE); Lucas Zachary, (REF); Felicia Zirkelbach, (REF).

Of those defendants sentenced for OWI First Offense this report, thirty-four had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .096 and the high test was .287 (more than THREE times the legal limit). Five 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-four 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:

Shelbi Alex, (0.169); Alexander Bachman, (REF); Derrick Bell, (0.19); Timothy Biggerstaff, (DRE); Amy Brown, (REF); Amy Brown, (REF); Scott Campbell, (0.153); Carlos Campos Cruz, (REF); Jennifer Carruthers, (0.19); Cory Chapman, (0.139); Sevmea Che, (0.212); James Courter, (0.221); Wolo Davis, (0.121); Gisselle Davis, (REF); Chad Derry, (0.175); John Determan, (REF); Hoffman Grenz, (0.211); Luke Grimm, (REF); Shawn Heuss, (REF); Natalie Kelling, (0.219); Shawn Kellis, (0.083); Mark Levine, (0.196); Calvin McGahuey, (0.187); Paige Metzger, (0.149); Jeffrey Miller, (0.112); David Miller, (0.146); Anthony Poppen, (REF); Sompong  Reuanthong, (0.107); Heather Schietzelt, (0.128); Mary Short, (0.116); Blake Skartvedt, (0.237); Sean Walker, (REF); Jasmaine Warren, (REF); Alex Young, (0.215).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.083 to a high of 0.237 (more than TWO times the legal limit). Eleven of these defendants refused the chemical test.

There were nine 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: 

Scott Alsted, (0.204); Cameron McCallister, (0.277); Joshua Middleton, (0.168); Gregg Mooers, (0.264); Aaron Morney, (REF); Jason Patrick, (0.188/DRE); Kurtis Peterson, (REF); Casey Sledge, (0.216); Teri Watson, (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 January 2019, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Melanie Lumley, Cheyanne Wallace, and Chelsey Wilson.

OWI Report (January 2019)

Friday, March 1, 2019

One Hundred eighty DEFENDANTS SENTENCED FOR OWI THE MONTH OF January 2019

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

One hundred forty-three 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:  

Kaleb Aiken, (.126/DRE); Amy Alesch, (REF); Mckenzie Allely, (REF); Joshua Allen, (REF); Travis Aslin, (0.103); Alexandra Avila, (0.192); Takara Bagby, (0.178); Joshua Baity, (REF); Michael Baker, (0.198); Megan Bales, (0.155); Marlon Ballentine, (.104/DRE); Tanner Barker, (0.119); Jeanine Bernard, (REF); Raj Biswakarma, (0.134); Jusprae Blessins, (REF); David Brazelton, (0.213); Nicholas Breeden, (0.133); William Brown, (REF); Tanner Buckley, (0.179); Karla Bullock, (0.147); Matthew Caldwell, (REF); Clayton Callahan, (REF); Korey Campbell, (0.136); Jesse Cannon, (0.269); Juan Castro, (0.161); Sean Cavanaugh, (0.131); James Conrad, (REF); Corydon Coppola, (0.2); Mariano Coreas Mejia, (0.149); Hassan Dainkeh, (DRE); Angela Davila, (0.122); Sarah Davis, (DRE); Alexandra Davis, (0.176); Jason Davis, (0.161); Benjamin Dickerson, (0.172); Debra Dinapoli, (0.193); Steven Dorenkamp, (0.147); Benny Dorrance, (0.139); Tanya Dunbarr, (DRE); David Espeland, (REF); Nicholas Evans, (0.184); Kimberly Fazio, (REF); Mackenzie Fischer, (0.14); Jason Fisher, (0.241); Adiba Flattery, (REF); Dylan Flynn, (REF); Dennis Ford, (REF); Brandon Franke, (0.102); Lisa Franzenburg, (REF); Sean Goodwin, (REF); Tiffany Grim, (0.197); Randy Gummert, (0.142); Juan Guzman, (0.102); Scott Haag, (0.171); Rayna Halvorson, (0.203); Justin Harper, (REF); Zeb Harris, (0.114); Casey Harthoorn, (0.118); Thomas Hawkins, (REF); Henry Hernandez-Leyva, (0.092); David Holm, (.303/DRE); Jason Hough, (0.172); Brandon Hymer, (0.144); Benjamin Ivins, (0.163); Dillan Jacobe, (DRE); Twena Johnson, (0.264); Melinda Johnson, (0.265); Mickeala Johnson, (REF); Bradley Johnson, (0.096); Steven Keith, (REF); Kuku Kinapoe, (0.09); Sikabwe Kisamba, (0.249); Monty Knode, (0.149); Thomas Kopsa, (REF); Allyssa Kowalis, (0.086); Karen Kulisky, (0.24); Pedro Limon Sandoval, (0.131); Jonathan Lovan, (0.151); Christopher Loyd, (REF); Jared Lyon, (0.204); Cung Mang, (0.167); Kelly Markham, (0.111); Shawn Martin, (REF); Enemuel Martinez Chavez, (0.119); Kathryn Mcmullen, (0.16); John Meyer, (0.204); Kelly Moffitt, (0.097); Cristian Mondragon Rubio, (0.156); Francisco Morales, (0.2); Wesley Moran, (DRE/.140); Brandon Mota Robles, (0.191); Charles Motley, (0.138); Travis Nealley, (REF); Robert Nevitt, (REF); Scott Newman Birch, (0.139); Elizabeth Nichols, (REF); Michelle Olinger, (REF); Angela Osborn, (0.121); Vane Overturff, (0.216); Cory Pearson, (0.197); Maxwell Place, (REF); Chad Pohlmeier, (REF); Desiree Priebe, (0.199); Ruth Primrose, (DRE); Michael Richardson, (0.221); Michael Richardson, (0.27); Michael Richardson, (0.166); Alexander Roby, (0.114); Mckenna Roche, (0.126); Mckenna Roche, (0.126); Paige Rochon, (0.189); Dow Roettger, (0.197); Lynn Saddoris, (0.199); Jesus Sanchez, (REF); Kara Schaudt, (0.109); Darin Scovel, (REF); Brandi Shannon, (REF); Jody Sidebottom, (0.259); Michael Simpson, (0.131); James Sirman, (0.184); Elijah Sorensen, (0.093); Bryan Stewart, (0.106); James Stewart, (0.181); David Stites, (0.246); Carter Symanowicz, (0.197); Gabriela Taylor, (0.184); Tiffany Thode, (0.193); Banthsa Thonethevaboth, (0.152); Cory Thurman, (0.201); Madison Tiedemann, (0.185); Demetrius Tribble, (0.123); Ashley Trotter, (0.24); Michael Vertrees, (0.206); Carson Walker, (0.213); Connor Wegner, (0.201); Nikole White, (0.19); Luke Wilkins, (0.103); Cory Wilkinson, (0.153); Monica Williams, (.224/DRE); Lori Williams, (DRE/.293); Hernan Yanqui, (0.185); Brett Zaug, (0.237); Gabriel Zurita-Baltazar, (DRE/.223).

Of those defendants sentenced for OWI First Offense this report, sixty-five had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .086 and the high test was .270 (more than THREE times the legal limit). Four defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and thirty-three refused chemical testing (denoted by “REF”).

Twenty-seven defendants appeared for sentencing for OWI Second Offense. OWI Second Offense is an Aggravated Misdemeanor punishable by up to two years in prison and a fine of up to $6,250. The Court MUST impose a minimum sentence of seven days in county jail and a minimum fine of $1,875, upon conviction of OWI Second Offense.

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

Rodney Carpenter, (REF); Epifanio Carreras Ocampo, (REF); Steven Charlson, (REF); Stephen Creger, (DRE); Stephen Creger, (REF); Zachary Depenning, (REF); Nathanael Dewey, (0.125); Nancy Duran, (REF); Abwe Etabo, (0.211); Shonedrick Freeman, (0.109); Brandon Howard, (REF); Kyle Howell, (0.187); Daniel Johannesen, (0.154); Christopher Jones, (0.251); Orijit Kar, (.056/DRE); Lori Mason, (0.249); Matthew Mendenhall, (0.151); Sharmarke Mohamed, (0.145); Susan Ogren, (0.208); Harshadbhai Patel, (0.196); Andrew Pebbles, (0.188); Justin Sams, (0.172); Van San, (0.115); Christian Santamaria Marroquin, (0.19); Thomas Simbro, (0.137); Catherine Tucker, (0.188); Tory Webb, (REF).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.109 to a high of 0.251 (more than THREE times the legal limit). Eight of these defendants refused the chemical test.

There were ten 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: 

Travis Beveridge, (0.24); William Goodall, (0.452); Stephen Haider, (0.194); Ericka Hayes, (REF); Samuel Hernandez-Ramirez, (0.175); Burdette Kelsey, (REF); Robert Meadows, (0.203); Amy Nichols, (0.118); Nicholas Smith, (0.341); David Stenger, (0.112).

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

Felony Case Summary (February 2019)

Friday, March 1, 2019

On February 6, 2019, Daniel Mitchell plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, in case number FE321161.  He will be sentenced on March 26, 2019 and faces a maximum term of incarceration not to exceed twenty-five (25) years with a mandatory one-third term he must serve prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On February 6, 2019, Mark Anthony Jackson appeared for bond review hearing in FECR323984 as well as a probation violation hearing in AGCR312645.  The Defendant is on probation for car burglary and is accused of a second felony level car burglary.  In addition to the new charge, the Defendant is accused of violating probation by failing to attend probation appointments and continuing to use illegal substances. The Defendant asked the Court to reduce his bond and release him on his promise to appear. His current bond is $10,000 cash only for the new offense and there is no bond allowed on his probation violation. The State argued his violations and new offense were evidence of his inability or unwillingness to comply with community corrections.  The Court entered an order denying a modification of his bond.

On February 6, 2019, Joseph Walter Kelly appeared in several matters asking the Court to modify his bond, reducing it to some amount he could more reasonably afford. The Defendant sited his employment and that he has not failed to appear in the past.  The State sited his lengthy pending criminal charge history (14 charges in 5 different cases over 6 months) as well as his juvenile history dating back to 2013.  The State also argued the bond is not set at an extraordinary level and is consistent with the uniform bond schedule.  The Court declined to modify his bond given his prior history and the number of pending charges.

On February 6, 2019, Myleka Raylon Fox appeared in FECR320182 for sentencing on charges of Criminal Mischief in the 2nd Degree and 3 counts of Assault on a Health Care Provider.  She also entered a plea in SRCR321992 for Assault on a health care provider as well as a simple assault in SMAC378838 and asked for immediate sentencing in those matters.  The Court entered an order granting her a Deferred Judgment, consistent with the agreement of the parties in FECR320182 and entered judgment in both SRCR321992 and SMAC378838.  She was placed on probation for two years with conditions that she comply with mental health and substance abuse treatment, obtain full time employment, provide random UAs and complete an anger management program. 

On February 6, 2019, Markham Humphrey appeared for sentencing in FECR320682.  He had previously entered a plea of guilty to Theft 2nd degree. The parties agreed and the Court ordered the Defendant receive a five year suspended sentence and was placed on probation for two (2) years.  He is required to continue to cooperate with all programming at Bridges of Iowa.

On February 6, 2019, Parker Foreman appeared in FECR317689 and entered a plea of guilty to Assault causing Injury.  The parties agreed and the Court ordered the Defendant be given the opportunity for a Deferred Judgment. The Defendant was placed on probation for a year. 

On February 6, 2019, Ethiopia Khalifa appeared in FECR321429 and AGCR321984 and entered plea of guilty to Theft in the 2nd Degree and Assault causing Bodily Injury. She will be sentenced on March 27.

On February 7, 2019, Roger Doggett appeared for sentencing in FECR318324 and FECR318358.  He previously pled guilty to two counts of Burglary 3rd Degree as an habitual offender.  He has been cooperating the with Bridges of Iowa program and will be required to continue to comply as a condition of probation. The Court went along with the agreement of the parties to grant the Defendant consecutive suspended sentences of 30 years.  If his probation is revoked and he is sentenced to prison, he will be required to serve a minimum six (6) years before he would be eligible for parole.

On February 7, 2019, Richard Lavan Wagner Jr., appeared in FECR309385 and FECR294737 for a probation violation hearing. The Defendant previously stipulated violating his probation by being out of contact with his probation since he signed up, committing new misdemeanor offenses, failing to comply with any programming . The State urge the Court to impose the original sentences given the Defendant’s lack of compliance.  The Defendant claimed he was ready to address his substance abuse problems and asked the Court to order him to a residential treatment facility.  The Court granted his request, found him in contempt of 30 days on each cases , giving him credit for time served and ordered her remain in jail pending his transfer to a treatment facility.  Upon discharge from the treatment facility, he will be transferred to the Fort Des Moines Facility. 

On February 12, 2019, Lance Sinklier, Jr. 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 FE321826.  He will be sentenced on March 26, 2019 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 February 21, 2019, Marcus Hall was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender and habitual offender, and Failure to Possess a Tax Stamp, a Class D felony, as a habitual offender, in case number FE313524.  He was sentenced to a maximum term of incarceration not to exceed forty (40) years with a mandatory one-third term he must serve prior to becoming eligible for parole and a fifteen (15) year term with a mandatory three year term he must serve prior to becoming eligible for parole, concurrent.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

OWI Report (Dec 2018)

Monday, February 4, 2019

One Hundred twenty-three DEFENDANTS SENTENCED FOR OWI THE MONTH OF December 2018

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

Ninety-one 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:  

Derek Ackley, (0.115); Caden Alsted, (0.158); Jacob Ballard, (REF); Cardale Ballentine, (REF); Torrey Berendes, (0.128); Yuba Bhandari, (0.157); Elizabeth Bird, (0.339); Adam Bostwick, (REF); Blake Braafhart, (0.274); Cameron Brueck, (REF); Corinne Bulat, (0.14); Tabatha Carlson, (0.166); Lacey Case, (REF); Garmai Daniels, (0.178); Lamar Davis, (REF); Louis Delaon Romero, (0.172); Lance Draeger, (0.134); Thomas Dunlap, (0.158); Vernon Dyer, (REF); Kaw Eh, (0.2); Whitney Eivins, (REF); Kane Fairman, (0.157); Deann Figley, (0.189/DRE); James Finn, (0.133); Marsha Freeman, (0.29); Rito Galan, (0.165); David Gallardo, (DRE); Kejuan Gibson, (REF); Guillermo Gonzalez, (0.12); Joseph Guevara, (0.18); Rafael Gutierrez Munoz, (REF); Cassondra Hand, (0.174); Malia Hansen, (0.102); Kimberly Hartje, (0.101); Levi Heard, (DRE); Shannon Hellyer, (0.114); Jennifer Hentges, (0.241); James Hernandez, (0.134); Delfino Hernandez, (0.216); Carla Hinrichs, (0.319); Nathan Hintz, (0.227); Ryan Hunter, (0.184); Jeffrey Johnson, (0.147); Dale Knoshaug, (REF); David Kolpin, (0.199); James Koul, (REF); Matthew Lambert, (REF); Sara Lehman, (0.133); Mark Lester , (REF); Mark Lester , (REF); Brooke Lincoln, (0.092); Sterling Love, (0.312); Kyler Luedeman, (0.188); Robert Magnani, (.228); Cristina Marrero, (0.218); Chase McClure, (.104); Jared Mckenna, (0.128); James Meadows, (0.334); Theodore Mills, (.052/DRE); William Morales Juarez, (0.184); Maya Moreno, (DRE); Michael Mulvania, (0.164); Veronica Murillo Jauregui, (0.137); Patrick Ndabaramiye, (0.183); Mary Nemer, (REF); Patrick Normandeau, (REF); Addison Parrish, (0.147); Nickolas Pulscher, (REF); Douglas Rebik, (REF); Robert Reese, (DRE/.138); Brian Rinehart, (0.267); Douglas Roberts, (REF); Maria Roth, (0.15); Benjamin Scharfenberg, (DRE); Casey Searby, (0.254); Nicole Shaver, (0.166); Klom Soutthisom, (0.138); Tamara Storey, (0.212); Chad Stroud, (0.161); Shawn Svoboda, (REF); Jacob Swihart, (0.176); Montez Thomas, (0.263); Abbey Thul, (0.188); Wie Toang, (REF); Alexander Tsistinas, (0.109); Nicholette Vance, (REF); Jill Vandenberg, (0.179); Brenda Vandyke, (REF); Brandon Walker, (0.194); Miles Willson, (0.164); Jorge Yanqui Campoverde, (REF).

Of those defendants sentenced for OWI First Offense this report, thirty-nine had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .092 and the high test was .339 (more than FOUR times the legal limit). Four 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”).

Twenty-six 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:

Cassie Barr, (REF); Javier Barron, (0.175); Michael Bell, (.055/DRE); Michael Bell, (.055/DRE); Jennifer Brown, (REF); Terry Erickson, (0.182/DRE); Bradley Fry, (0.155); Kul Gurung, (REF); Jamal Hansen, (REF); Larry Hoeppner, (DRE); Kristina Johnson, (0.313); Brian Kennedy, (0.239); Kurt Laffey, (0.259); Travis Miles, (0.196); Luis Morales, (0.196); David Nordyke, (DRE); Jocelyn Ramirez, (REF); Jimmy Sabastiano, (0.204); Matthew Smith, (DRE/0.264); Jason Tingley, (0.153); Pete Tristan, (REF); Madison Walter, (REF); Alexander Webb, (0.276/DRE); Cameron Weese, (DRE); Justin Wells, (REF); David Westmoreland, (0.188).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.153 to a high of 0.313 (more than THREE times the legal limit). Eight 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: 

Bradley Brenizer, (0.207); Nikolas Erickson, (0.112); Gary Knickerbocker, (REF); Robert Lynch, (0.183); Cristian Miranda, (0.114); Ingeborg Sears, (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 December 2018, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Melanie Lumley, Cheyanne Wallace, and Chelsey Wilson.

Felony Case Summary (January 2019)

Monday, February 4, 2019

On January 3, 2019, Michael Richard appeared for sentencing in FECR318767.  He previously entered a plea of guilty to the charge of Felon in Possession of a Firearm.  The Department of Corrections recommended he be  given the opportunity for probation. Although he has had several prior offenses, his criminal history is remote and he was successful on his probation in the past.  The State agreed to defer to the Department of Corrections recommendation.  The Court imposed a five (5) year prison sentence but suspended it and required the Defendant to be on probation for two (2) years, maintain employment, pay a fine and comply with all conditions required by the Department of Corrections.

On January 3, 2019, Mindy Sue Macias appeared and entered a plea of guilty to the charge of Forgery.  She admitted she negotiated a check she knew she had not right to present and knowing she was perpetrating a fraud. Although she is currently on probation for an offense for which she was granted a deferred judgment, the parties agreed she should be afforded an opportunity for her 2nd deferred judgment as this current offense predated her prior offense.  The Court did follow the parties’ agreement and granted the defendant a deferred judgment. She will be on probation for two (2) years.

On January 3, 2019, Elizabeth Knickerbocker appeared in FECR317632 for sentencing on the charges of two counts of Dependent Adult Abuse. She previously admitted to taking advantage of the victim in this case, an elder person, for financial gain.  During her sentencing, she apologized for her actions and expressed regret and remorse. The parties agreed she should be afforded the opportunity for a deferred judgement.  The Court placed her on probation for two years during which time she must maintain employment, make restitution and abide by a no contact order.

On January 3, 2019, Richard Duncan appeared in FECR317539 for sentencing on the charges of Dependent Adult Abuse and Credit Card Fraud over $1000. He previously admitted to taking advantage of the victim in this case, an elder person, for financial gain.  The parties agreed he should be afforded the opportunity for a deferred judgement.  The Court placed him on probation for two years during which time he must obtain a substance abuse evaluation and comply with recommended treatment, provide random UA’s maintain employment, make restitution and abide by a no contact order.

On January 8, 2019, Freedom Handy 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 FE320429.  She will be sentenced on February 21, 2018 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 January 8, 2019, Craig Mendenhall plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, in case number FE319766.  He will be sentenced on February 25, 2019 and faces a maximum term of incarceration not to exceed seventy-five (75) years with a mandatory one-third term he must serve prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 11, 2019, Alonzo Gibbs was sentenced for the crimes of Intimidation With a Dangerous Weapon, a Class C felony, while in the possession of a dangerous weapon and Possession, Receipt, Transportation or Dominion and Control Over a Firearm as a Felon, a Class D felony, in case number FE313038.  He was sentenced to a maximum term of incarceration not to exceed ten (10) years with a mandatory five year term he must serve prior to becoming eligible for parole and a five (5) year term, consecutive, for a total of fifteen (15) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 11, 2019, Terrance Cheeks and Leshaun Murray pleaded guilty to Murder in the Second Degree and were sentenced to 50 years in prison for the death of Mike Wasike. The defendants were previously convicted of robbing Mr. Wasike. During the course of the robbery, Defendant Murray struck Mr. Wasike, causing injuries that ultimately took his life. Mr. Wasike died on January 22, 2018. The Court ruled that the defendants' sentences would run concurrently for a total term of incarceration not to exceed 50 years. The case was prosecuted by Assistant Polk County Attorneys Shannon Archer and Jeff Noble with the help of legal assistant Kelsey Hannam.

On January 14, 2019, Tracy Gryp plead guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, two counts, a Class B felony and a Class D felony, and Failure to Possess a Tax Stamp, two counts, Class D felonies, in case number FE306910.  She was sentenced to a maximum term of incarceration not to exceed twenty-five (25) years with a mandatory one-third term she must serve prior to becoming eligible for parole and three five (5) year terms, consecutive, for a total of forty (40) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 15, 2019, Terrie Marie Porter was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, in case number FE309799.  She was sentenced to a maximum term of incarceration not to exceed twenty-five (25) years 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 January 23, 2019, Christine Godwin (FECR321455) and Marie Swier (FECR321465) each appeared, as co-defendants, and entered pleas of guilty to three (3) counts of Forgery for their role in a scheme to defraud several banks and victims.  They each admitted they were recruited by someone else, given checks and directed to cash them.  They were given a part of the cash as payment.  They admitted to uttering checks as it related to three victims.  Ms. Godwin also admitted she was driving when the police were trying to pursue her and she did not stop for officers and attempted to elude capture.  They will each be sentenced on March 8, 2019. 

On January 23, 2019, Defendant Bobby Ray Washington appeared in FECR320758 and entered a plea of guilty to the charge of Theft in the 2nd Degree.  The Defendant admitted he and another stole a generator from the Des Moines Public Schools.  He will be sentenced March 7, 2019.

On January 23, 2019, Defendant Billie Jo Brown appeared in FECR317329 for sentencing on the offenses of Theft in the 2nd Degree and Interference causing Injury as well as a plea in FECR320736 on the offenses of Forgery-3 counts.  She admitted she took payroll checks from Hy-Vee for three employees and cashed them without any authority to do so.  She apologized to the Court and expressed remorse.  She explained her goals and plan for the future.  She has been on pretrial release since her initial plea, including abiding by a curfew of 6 p.m. She is working with a therapist and a medical doctor. She has also enrolled in promise jobs and is planning to work towards obtaining a CNA.  The State urged the Court to impose sentence and grant her probation with certain conditions. She asked the Court to grant her deferred judgements on the matters and require conditions of probation.  The Court considered both arguments and the statements of the Defendant.  The Court granted her request for Deferred Judgment finding she had done several things to better herself in advance of this hearing; however, the Court did enter judgment as to the Interference causing injury offense.  She was placed on probation for two years with several conditions.

On January 30, 2019, Jeffrey Lee appeared in FECR317609 and entered a plea of guilty to one count of Forgery.  He admitted he negotiated a check without permission or authority in furtherance of a fraud.  He will be sentenced in March. Pending sentence he may be released to the Bridges of Iowa when space is available.  He must remain at Bridges of Iowa with full compliance of programming and rules pending his sentenced.

On January 30, 2019, Melissa Jo Kain appeared in FECR321120 and entered a plea of guilty to Theft in the 2nd Degree.  She admitted she stole a truck which did not belong to her and intended to deprive the owner thereof permanently, and did remove the license plates to further conceal the correct ownership of the vehicle.  The Defendant asked to be immediately sentenced and was granted a suspended five (5) year sentence and placed on probation for two (2) years.

On January 30, 2019, Vedran Tadic appeared in several matters and entered a plea of guilty in FEC313914 to Burglary in the 3rd Degree and Criminal Mischief in the 4th Degree and in AGCR321254 he pled guilty to Possession of Burglar Tools.  He previously stipulated he violated the terms and conditions of his probation in FECR313914 and SRCR314036.  His attorney represented that the Department of Corrections has already screened the Defendant for placement at the Fort Des Moines facility and was accepted. The parties agreed and he was sentenced on all matters on this date. The Court sentenced him to a fourteen year sentence (which included the probation matters of Burglary and Possession of Marijuana)  and suspended the sentence on the condition that he will remain in jail until there is space available at the Fort Des Moines Facility where he will be required to reside until he is successfully discharged. Two simple misdemeanors and a traffic offense were dismissed as part of the plea agreement.

On January 30, 2019, Arthur English appeared in FECR318327 for sentencing. He previously pled guilty to Theft in the 2nd Degree as an habitual offender. The parties had agreed they would recommend probation; however, the Defendant committed a new offense of Theft 5th Degree pending disposition.  The State urged the Court to sentence the Defendant to incarceration, in light of the new offense, given his prior criminal history and failures to comply with supervision.  The Defendant urged the Court to grant probation in consideration of his medical condition and family support.  The Court expressed concerns of the Defendant’s ability or willingness to comply with the law and conditions of probation, but granted the Defendant’s request and sentenced him to 15 years in prison and suspended the sentence, placing him on probation with several conditions.

On January 30, 2019, Tyler Shipley appeared in FECR320339 and AGCR319969.  He entered a plea of guilty to Forgery and asked for immediate sentencing. He had previously pled guilty to Eluding and sought sentencing on that as well.  The Defendant is on parole out of Marshall County for a number of offenses and is facing a 15 year sentence. He has also been sentenced in Warren County and Jasper County on different but related matters.  The parties agreed all matters would run concurrent to each other except his parole matter, which is required under the law to be consecutive, absent a specific finding by the Court to the contrary.  As part of the plea agreement the parties did not ask the Court to depart from the standard.  The Defendant was sentenced to five (5) years on this offense consecutive to the prior 15 years for a total period of imprisonment not to exceed 20 years.

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