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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.

OWI Report (May 2019)

Friday, June 28, 2019

ONE HUNDRED TWENTY DEFENDANTS SENTENCED FOR OWI THE MONTH OF MAY 2019

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

Eighty-four 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: 

Paul Andrew, (REF); Lin Aung, (0.185); Renee Bales, (REF); Hope Banker, (0.136); David Beyer, (0.111); Prajwal Bhandari, (0.152); Stephanie Blazejewski, (0.181); Christian Bowden, (REF); Kinsey Carlson, (0.244); Joshua Carman, (0.181); Sarah Chaplin, (REF); Thomas Charleston, (REF); Zachory Chipperfield, (0.169); Robert Cline, (0.137); Christa Cosner, (0.107); Ashby Creighton Crum, (0.19); Senad Donlagic, (REF); Kelsie Dop, (0.285); Steven Downing, (REF); Tyler Engelhardt, (0.108); Yamungu Fereza, (0.162); Cody Field, (0.109); Benton Frey, (0.139); Anthony Garcia Pacheco, (0.156); Prince George, (REF); Jaime Gonzalez, (0.229); Matthew Gridley, (0.091); Jennifer Guyer, (REF); John Habick, (REF); Cory Hall, (0.113); Jami Hansen, (DRE); Roel Hernandez Munoz, (REF); Javier Hernandez Ruiz, (0.139); Sydney Houston, (0.211); Jordan Huewe, (REF); Edemir Joyas, (0.114); Maren Kintner-meyer, (0.123); Scott Kritenbrink, (0.183); Allison Kroeger, (0.133); Scott Laffey, (0.146); Vai Lian, (0.211); Charles Lierman, (REF); Zachory Lorton, (REF); Sai Maing, (REF); Sylvester McCracken, (REF); Gabryelle Melton, (0.094); Brian Methe, (0.146); Todd Meyers, (REF); Sarah Miller, (0.151); Connor Miller, (0.274); Keegan O'connell, (0.11); Lance Odegaard, (0.186); Molly Olsasky, (0.233); Jorge Orantes Gonzalez, (REF); Austin Osmundson, (DRE); Tran Phuc, (0.154); Lucas Roberts, (REF); Megan Rold, (0.165); Tyler Rozeske, (0.103); Carrie Russell, (0.211); Jose Salas Galvan, (0.092); Jose-celestino Salas-galvan, (0.116); Lawrence Sayee-totaye, (0.153); Lyndsey Seretis, (0.204); Richard Serrano, (0.163); Bailey Shannon, (0.2); Shane Simmons, (REF); Bryan Sirois, (DRE/0.249); Chelsey Stalker, (0.254); Jaelyn Steinkuehler, (0.142); Charlene Teas, (0.221); Curtis Tharp, (REF); Pau Thawng, (0.224); Brianna Titus, (0.166); Javier Valdez, (REF); Kendell Vanderschel, (0.187); Mesac Vargas-ramirez, (DRE); Raul Villa Galvan, (REF); Matthew Vola, (REF); Mollie Wallace, (0.345); Douglas Winkey, (0.145); James Woods, (0.043); Claudia Wulf, (0.188); Irfan Zuna (REF).

Of those defendants sentenced for OWI First Offense this report, twenty-nine had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .091 and the high test was .345 (more than FOUR 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”).

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:

Lyndsey Batz, (0.178); Raymundo Beltran Guerra, (0.121); Sajan Bhandari, (REF); Martin Castro Beranza, (REF); Christopher Coleman, (REF); David Crandell, (0.132); Leslie Frame, (0.146); Shelly Johnson, (REF); Chappo Kabadom, (0.218); Corey Kelleher, (REF); Jacob Kenney, (REF); Thomas Kisner, (0.192); Shawn Larsen, (REF); Robert Mauricio, (0.171); Lisa Musso, (0.206); Christopher Neal, (REF); David Ott, (0.154); Jimmy Sarceno Lopez, (0.13); Austin Sheldahl, (0.145); Jesse Sink, (0.161); Troy Stuflick, (0.114); Troy Stuflick, (REF); Gabriel Terrell, (REF); Richard Thomas, (0.345); Shawnna Webster, (0.165); Hannah Woods-Daggett, (REF); Melissa Wuebker, (REF).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.114 to a high of 0.345 (more than FOUR times the legal limit). Twelve 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: 

Martin Castro Beranza, (0.185); Alejandro Cruz Pena, (0.184); Anthony Fajardo, (0.308); Ryan Martin, (0.119); Joseph Masumbuko, (0.126); Christensen Omondi, (REF); Alexander Smith, (DRE/.206); Raul Villa Galvan, (0.22); Michael Young, (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 May 2019, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Kate Clark, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Melanie Lumley, Cheyanne Wallace, and Chelsey Wilson.

OWI Report (April 2019)

Friday, June 28, 2019

ONE HUNDRED SEVENTY-THREE DEFENDANTS SENTENCED FOR OWI THE MONTH OF APRIL 2019

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

One hundred twenty-four 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: 

Kayla Antenucci, (REF); Gustavo Arancibia Ballester, (0.098); San Aye, (0.099); Melanie Babcock, (0.168); Andrew Battani, (0.116); Jerome Bobo, (REF); Theodore Bong, (0.185); Gilberto Bravo Cedeno, (0.106); Brandon Brewer, (0 .108); Matthew Brown, (REF); Joel Carroll, (0.134); Nereida Castro, (0.121); Brandon Chambers, (0.1); Angela Chapman, (0.121); Clifford Cheers, (REF); Ndatabaye Claude, (0.188); Kathy Colwell, (0.31); Antonio Contreras-Colunga, (0.177); William Crabb, (REF); Trae Cropp, (DRE); Korie Daughtery, (REF); Nicole Degard, (0.218); Nicole Degard, (0.218); Matthew Denning, (REF); Riddel Djembi Mboumba, (REF); Emilio Duran-carmona, (0.154); Landon Elscott, (0.117); Ebenezer Emunah, (0.172); Emilee Erichsen, (0.158); Tariq Essalama, (0.189); Mason Evans, (0.104); Joseph Freeman, (0.129); Nicholas Friess, (0.172); Riley Gage, (0.203); Brian Geiken, (0.146); Emmanuel George, (REF); Roberto Gomez-gonzalez, (0.163); Craig Goode, (REF); Christine Gray, (0.13); Emma Halsey, (REF); Steven Hansen, (REF); Heaven Harrison, (REF); Dawn Hay, (0.181); Julie Henry, (0.214); Jesus Hernandez Aguilar, (0.144); Luke Hershley, (REF); Phong Hoang, (REF); Autumn Hoffman, (DRE); Connie Huff, (0.199); Loretta Kay James, (0.144); Eric Johnson, (0.143); Brandon Johnson, (REF); Steven Jones, (0.234); Nicholas Jordan, (REF); Hannah Kilby, (REF); Hannah Kilby, (REF); David Knight, (0.142); Ezra Kopsa, (REF); Gregory Kramer, (0.274); Brianne Landes, (0.225); Alexandra Larson, (0.135); Dawn Larue, (REF); Rylie Lawrence, (0.154); Madison Lawson, (0.136); Matthew Leetor, (REF); Dylan Magnuson, (0.156); Prince Maiman, (REF); Tara Mattiussi, (0.163); Sabrina Mccormick-mccombs, (0.248); Brooke Mcnamer, (0.089); Douglas Meiners, (DRE/.140); Jacob Mention, (0.109); Amanda Meyer, (REF); Leif Monson, (0.145); Melvin Moore, (REF); Roginia Moore, (REF); Ross Mulcahy, (0.203); Douglas Murrow, (0.197); Damarian Napoleon, (DRE); Heather Nelson, (0.157); Tuan Ngo, (REF); Kelsea Nicholson, (0.185); Shannon Nielsen, (0.158/DRE); Clint Nielsen, (REF); Kyle Nugent, (0.21); Marco Nunez Barron, (0.164); Godofredo Oropeza Rodrijuez, (REF); Cory Owens, (0.242); Alexis Paredes, (0.136); Patricia Petrak, (0.116); Nathan Pillman, (REF); Elmer Pinto Perez, (0.181); Elmer Pinto Perez, (DRE/0.220); Brandon Pohl, (0.164); Pedro Ramirez, (0.114); Ronald Reed, (0.093); Donis Rivera Godoy, (0.116); William Robinson, (0.145); Devin Robles, (0.181); Lauren Rodriguez, (0.14); Tanner Saltzman, (0.122); Tony Seemeuang, (0.173); Terry Shawver, (0.213); Jeffrey Sherwood, (0.12); Shawn Shortell, (0.146); George Simbro, (0.294); Timothy Simmer, (0.177); Jordan Simmons, (0.101/DRE); Rick Simmons, (0.212); Shae Smith, (0.195); Jolynn Smyth, (0.175); Ni Soe, (0.217); Adam Stocks, (0.123); Jessica Stufflebeam, (0.231); Hendry Sumo, (0.11); Larittha Sweatte, (REF); Stephen Templeton, (0.178); Trent Terlisner, (0.090/DRE); Darwin Thomas, (0.164); Jacob Tiemeier, (REF); Ryan Torgerson, (REF); Lawrence Walker, (0.175); Lawrence Ware, (0.131); James Yates, (DRE).

Of those defendants sentenced for OWI First Offense this report, twenty-nine 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 .310 (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-two refused chemical testing (denoted by “REF”).

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

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

Quentin Abraham, (0.147); Tyler Collins, (0.189); Vincent Crivaro, (0.386); Bryan Curtis, (REF); Richard Dameron, (DRE); Austin Damm, (0.145); Bret DeVries, (0.166); Nathan Finch, (0.133); John Flater, (REF); Todd Fortner, (0.192); David Friloux, (REF); Jacqueline Fuentes, (0.146); Roscoe Green, (REF); Melissa Guerrero, (0.193); Scott Haag, (DRE/0.178); Calvin  Hill, (REF); Brandon Honeyman, (0.162); Jessica Kruse, (0.174); Aaron Lane, (0.15); Gregory Leverette, (0.16); Allison Lewis, (0.165); Dylan Magnuson, (0.192); James McNamee, (0.147); Michael Pauli, (REF); Felicia Perry, (0.243); Moises Plaza, (REF); Larry Quinn, (REF); Martha Ramirez-valenzuela, (0.152); Barbara Reed, (0.209/DRE); Brandon Ruiz Quintana, (DRE); Rodrigo Santos Nolasco, (0.176); Miya Smith, (0.176); Robbie Smith, (DRE); Devin Sorter, (0.209); Candice Sparling, (0.174); Samantha Torode, (0.246); Brittany Trainor, (0.233); Jose Urbano Urbano, (0.135); Bailee Watson, (REF).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.135 to a high of 0.386 (more than FOUR 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: 

Rahsaan Conley, (0.104); Richard Cox, (REF); Devin Dougherty, (DRE); Leroy Gordon, (REF); Robert Hudson, (DRE/0.291); Ruach Jioklow, (REF); Toyusi Johnson, (0.215/DRE); David Leanos, (REF); Alisa Munzenmaier, (REF); Holly Quirk, (0.261).

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

Felony Case Summary (June 2019)

Friday, June 28, 2019

On June 4, 2019 Logan Taylor Quinn was sentenced for the crime of Possession of a Controlled Substance with Intent to Deliver, to wit:  Methamphetamine, a Class C Felony, as a Second or Subsequent Offender in Case No. FECR324864.  The Polk County District Court sentenced the defendant to prison for a term of incarceration not to exceed 20 years consecutive to pending parole matters.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On June 6, 2019, Jovonte Lawrence entered a plea of guilty in FECR323920.  He admitted he failed to make deposits at his business as he was charged to do, and instead kept the money, over $5000, for himself. He will be sentenced on July 29, 2019

On June 6, 2019, Craig Fleming appeared in FECR313073 and entered a plea of guilty to Fraudulent Practice in the 2nd Degree, as a lesser included offense.  The defendant admitted he made claims for unemployment benefits when he was employed, falsely reporting a $0 income.  He admitted he received over $19,000 in unemployment benefits. In advance of the plea, he paid back $5200.  He will be sentenced on July 29, 2019.

On June 6, 2019, Caitlin Golden entered a plea of guilty in FECR325491.  She admitted she entered someone’s home and took property when she had no right to do so.  Sh easked the court to sentence her immediately. She has already been sentenced to prison in two other matters, after she was unsuccessfully discharged from the 5th Judicial District Drug Court Program.  She was sentenced to five (5) years in this mater, concurrent to the two prior sentences. She will serve a period not to exceed 20 years in prison.  She is also required to make restitution to the victim in this case.

On June 13, 2019, Ajah Ballew appeared in FECR316551 for disposition of her probation violation. The defendant previously admitted she had violated the terms and conditions of her probation. She was sentenced to 30 days in jail and given credit for time served, she was released from jail and continued on probation.

On June 13, 2019, Garrett Lawrence appeared in FECR325641 and entered a plea of guilty to the charge of Forgery.  He admitted he forged and uttered a check without any authority.  He will be sentenced August 1.

On June 13, 2019, Tommy Lee Barton appeared in FECR322023 for sentencing. He previously pled guilty to committing a forgery.  The PSI recommended incarceration.  The State noted his significant history, incarceration and lack of compliance with supervision in the past.  The Court granted his request for probation, placing him at the Ft. Des Moines Facility as a condition.  He will remain in jail pending space available at the Facility.  He will be required to participate in mental health and substance abuse treatment.

On June 18, 2019, Gary Charles Wood Jr. appeared for a bond review hearing. In lieu of a bond review hearing, the parties reached a plea agreement.  The defendant entered a plea of guilty to Domestic Abuse Assault, 2nd Offense, an Aggravated Misdemeanor.  He admitted he pushed his girlfriend, constituting an assault, and had previously been convicted of a domestic abuse assault.  He was sentenced to 2 years in prison, all but 49 days suspended, for which he was given 49 days credit for time served and was granted probation.  He will be required to complete a 36-week class regarding domestic violence, obtain a substance abuse evaluation and comply with any recommended treatment, and pay a number of fees.  Additionally, he is required to surrender any firearms or dangerous weapons and is precluded from possessing any until his rights are restored.

On June 18, 2019, Jeffrey Haus appeared in FECR325435, FECR324995 and FECR326234 and entered a plea of guilty to 3 counts of Forgery-1 count in each case. He admitted he forged several checks belonging to someone else and attempted to cash same thereby facilitating a fraud.  He will be sentenced on August 6.

On June 18, 2019, Bryan Graham appeared in FECR317611 and FECR321837. He entered a plea of guilty in FECR317611 to the charge of Dependent Adult Abuse-financial over $100.  He admitted he used monies which were supposed to be used to pay for nursing home care for his mother, for his own personal use, which he knew was a theft. He admitted he was the caretaker of his mother then this occurred.  He will be sentenced on August 6, 2019.

On June 18, 2019 Ethan Toomey appeared in FECR322295 and entered a plea of guilty to the charge of Theft in the 1st Degree. He admitted he submitted time cards and received payment for hours he claimed he worked when in fact he did not work over a period of time during his employment.  He previously agreed to make an effort to pay the money back and did pay $1000 in advance of the plea.  He still owes over $9000, which he will be required to pay back as a condition of his probation.  The defendant asked the Court to sentence him this date, waiving the use of a presentence investigation and waiving further time.  He asked the Court to grant him a Deferred Judgment.  Given the defendant’s lack of any criminal history, that he took responsibility for his actions and began efforts to repay the money, the State agreed with his request.  The Court did grant him a Deferred Judgment and placed him on probation for 2 years. He will be required to have at least a part time job, if he is attending school full time, as a condition of his probation.

On June 18, 2019, Bryan Fausett plead guilty to Burglary in the Third Degree, a Class D felony, in FE327253, and was sentenced for that crime as well as the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in FECR317591, and Burglary of an Unoccupied Motor Vehicle, an aggravated misdemeanor, in case number AG318183.  He was sentenced to a maximum term of incarceration not to exceed five (5) years and ten (10) years, consecutive, and two (2) years, concurrent, for a total term not to exceed fifteen (15) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 20, 2019 Robert John Manuel appeared for sentencing for the crimes of Theft in the Second Degree, a Class D Felony; Eluding, a Class D Felony; and a Drug Tax Stamp Violation, a Class D Felony in Case Nos. FECR324155 and FECR324361.  The Polk County District Court sentenced the defendant to five years incarceration on each case, to be served consecutively, for a total term of incarceration not to exceed fifteen years among all three cases.  Additionally, the Court ordered this fifteen year prison term be served consecutive to the defendant's parole matters.  This case was prosecuted by the Polk County Attorney's Office's Drug and Gang Bureau and Major Offense Bureau. 

On June 26, 2019, Robert Charles Wright III plead guilty to the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, and Failure to Possess a Tax Stamp, a Class D Felony, in case number FE325390.  He will be sentenced on August 21, 2019 and faces a maximum term of incarceration not to exceed ten (10) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 26, 2019, Benyemin Ardalon Zargarian appeared before the court for a probation revocation hearing where the defendant has been sentenced previously for the crimes of Possession of a Controlled Substance, Third Offense, a Class D felony, as a habitual offender, and Possession of a Controlled Substance, Third Offense, a Class D felony, in case number FE301226.  The defendant’s probation was revoked and the defendant was sentenced to a maximum term of incarceration not to exceed twenty (20) years with a mandatory three-year term he must serve prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On June 27, 2019, Timothy Anderson appeared in several cases.  He was sentenced to 5 years imprisonment in FECR324325 for Burglary 3rd Degree, 5 years imprisonment in FECR325532 for Burglary 3rd Degree and 10 years imprisonment in FECR323582 for Theft 1st Degree.  The Court did follow the agreement of the parties and ran them consecutive to each other and suspended them, placing him on probation for 2 years. The Defendant was also on probation in FECR297320 for a misdemeanor. His probation was revoked and he was sentenced to 20 days in jail, credit for those days served. He was also on probation in FECR297398 and was continued on probation.  As a condition of his probation, he is required to reside at the Bridges of Iowa facility, where he has been in residence for the last several months.  The Court also ordered him to obtain his GED.  The Defendant thanked the Court for giving him another chance.  If the Defendant fails to comply with the terms of his probation, he will be sentenced to a term of incarceration not to exceed 30 years.

One June 27, 2019, Robert Stephenson appeared for plea and sentencing in FECR325164 and SRCR324189. He admitted he failed to comply with the sex offender registry, and had previously been convicted of failing to comply with the registry.  He also admitted he absented himself from the Fort Des Moines facility.  He had been placed at the Fort Des Moines as a condition of his parole.  The Court sentenced him to imprisonment for a period not to exceed 5 years + 30 days and ran that consecutive to his parole matter. 

Felony Case Summary (May 2019)

Tuesday, June 4, 2019

On May 2, 2019 Gregory John Barinsky appeared for sentencing in Case No. FECR320674 for the crime of Possession of a Controlled Substance with Intent to Deliver, to wit:  Marijuana, a Class D Felony.  The Polk County District Court sentenced the defendant to a term of incarceration not to exceed five years, but suspended the sentence and placed the defendant on probation for two years.  This case was prosecuted by the Polk County Attorney's Drug and Gang Bureau.

On May 2, 2019 Samuel Ferguson Gittens appeared for sentencing in Case No. FECR322389 for the crime of Possession of a Controlled Substance with Intent to Deliver, to wit:  Cocaine, a Class C Felony.  The Polk County District Court sentenced the defendant to a term of incarceration not to exceed ten years, but suspended the sentence and placed the defendant on probation for two years.  This case was prosecuted by the Polk County Attorney's Drug and Gang Bureau.

On May 6, 2019, Malcom Lahori was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, in case number FE317777.  He was sentenced to a maximum term of incarceration not to exceed five (5) years and the Court suspended the Defendant’s sentence, granting the Defendant an opportunity on probation for a term of three (3) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 8, 2019, Christina Elise Stevens was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, in case number SR315886.  She was sentenced to a maximum term of incarceration not to exceed five (5) years, which was suspended by the Court and the Defendant was granted an opportunity on probation for a term of two (2) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 9, 2019, Anthony Beaman was sentenced for the crime of Possession of a Controlled Substance Third offense, a Class D felony, as a habitual offender, in case number FE318972.  The Defendant was sentenced to a maximum term of incarceration not to exceed fifteen (15) years with a mandatory three (3) year term he must serve prior to becoming eligible for parole. The Court suspended the Defendant’s sentence and granted the Defendant an opportunity on probation for a term of three (3) years, placing the defendant at the Fort Des Moines Residential Correctional Facility and ordering the Defendant to complete substance abuse treatment and aftercare.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 7, 2019 Daniel Andra Kleuskens appeared for sentencing for the charge of Tax Stamp Violation, a Class D Felony, in Case No. FECR322313.  The Polk County District Court imposed a term of incarceration not to exceed five years, but suspended the term and placed the defendant on probation.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On May 7, 2019 Becki Lynn  Kleuskens appeared for sentencing for the charge of Tax Stamp Violation, a Class D Felony, in Case No. FECR322310.  The Polk County District Court imposed a term of incarceration not to exceed five years, but suspended the term and placed the defendant on probation.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On May 7, 2019 Richard Andrew Jackson appeared for sentencing for the charge of Possession of a Controlled Substance, Third or Subsequent Offense, to wit:  Methamphetamine, as a Habitual Offender in Case No. SRCR322331.  The Polk County District Court imposed a term of incarceration not to exceed fifteen years with a mandatory minimum three years, but suspended the term and placed the defendant on probation.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On May 9, 2019 Earl O Clay, III appeared for sentencing for the charge of Possession of a Controlled Substance with Intent to Deliver, to wit:  Cocaine, a Class C Felony in Case No. FECR323024.  Over the State of Iowa's objection, the Polk County District Court deferred judgment and placed the defendant on probation.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On May 10, 2019 Bryce Parker Bechtel appeared for disposition on a probation revocation in Case No. SRCR314105.  The Polk County District Court imposed a 30 day contempt jail sentence.  Following service of the jail sentence, the defendant will continue on probation.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On May 14, 2019 Brandon Jerome Burbank appeared for sentencing for the charges of Possession of a Controlled Substance, Third Offense, to wit:  Methamphetamine, a Class D Felony and Possession of a Controlled Substance, Third Offense, to wit:  Marijuana, a Class D Felony in Case No. FECR324878.  The Polk County District Court imposed a term of incarceration not to exceed five years on each offense, and further ordered that it run consecutive to one another for a total term in prison not to exceed ten years.  Additionally, the Court ordered this ten year term to be served consecutive to the defendant's parole matters.  This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau. 

On May 20, 2019, Patrick Allan Baccam was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, in case number FE318127.  He was sentenced to a maximum term of incarceration not to exceed five (5) years to be served with the Iowa Department of Corrections.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 20, 2019, James Odell Martin was sentenced for the crimes of Possession of a Controlled Substance, Third Offense, a Class D felony, and Possession of a Controlled Substance, Third Offense, a Class D felony, in case number SR323023.  He was sentenced to a maximum term of incarceration not to exceed five (5) years on each count, concurrent to each other. The Court suspended the defendant’s sentence and granted him an opportunity on probation to obtain mental health and substance abuse treatment in the community.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 20, 2019, Zachary Michael Vermillion was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class D felony, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE321798.  The Court deferred judgement on each count and granted the defendant an opportunity on probation for a term of two (2) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 22, 2019, Kevin Livan Nunez plead guilty to the crimes of Possession of a Controlled Substance With Intent to Deliver, To Wit: Methamphetamine, in excess of five (5) grams, a Class B felony; Possession of a Controlled Substance with the Intent to Deliver, To Wit: Cocaine, a Class C Felony; and Trafficking in Stolen Weapons while Participating in a Public Offense, A Class C Felony, in case number FE320959.  The Defendant requested immediate sentencing on these offenses and was was sentenced to 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 for Possession with Intent to Deliver, To Wit: Methamphetamine, incarceration for a term of ten (10) years for Possession of a Controlled Substance with Intent to Deliver, To Wit: Cocaine, and incarceration for a term of ten (10) years for Trafficking in Stolen Weapons. Each offense was run consecutively to each other for a total period of incarceration not to exceed forty-five (45) years to be served with the Iowa Department of corrections.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 28, 2019, Alijah Belieu plead guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in FECR317216 and Eluding, a Class D felony, in case number FE322883.  She was sentenced to a maximum term of incarceration not to exceed ten (10) years and five (5) years, consecutive, but these sentences were suspended and she was placed on probation with the requirement that she reside at the Women’s Residential Facility.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 24, 2019 a Polk County Jury convicted Salvador Cruz, Jr. of the crimes of Possession of a Controlled Substance as a Habitual Offender; A Tax Stamp Violation as a Habitual Offender; and Carrying Weapons, an aggravated misdemeanor, in Polk County Case No. AGCR324355.  Sentencing is currently set for July 11, 2019.  The Defendant faces a maximum possible sentence of 32 years in prison with a mandatory minimum 6 years that would have to be served prior to eligibility for parole.  This defendant was tried and prosecuted by the Polk County Attorney's Office Drug and Gang Bureau, in cooperation with the Altoona Police Department and Mid Iowa Narcotics Enforcement Drug Task Force. 

On May 29, 2019, Austin Clark plead guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in FECR320876, Possession of a Controlled Substance, Second Offense, an aggravated misdemeanor, in FECR321948 and Burglary in the Third Degree, a Class D felony, in case number FE324443.  He was sentenced to a maximum term of incarceration not to exceed ten (10) years and two (2) years, consecutive, and five (5) years, concurrent, for a total of fifteen (15) years.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 29, 2019, Joseph Hoffman plead guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, as a second or subsequent offender, in case number FE325483.  He was sentenced to a maximum term of incarceration not to exceed thirty (30) years, consecutive to his parole revocation.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Sera Alexander Sentencing

Tuesday, May 1, 2018

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

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

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

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

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

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

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

Miguel Lorenzo-Baltazar Verdict

Monday, April 9, 2018

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

Warning: Common Scams

Tuesday, March 27, 2018

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

Here are some of the more common scams:

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

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

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

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

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

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

James Walden Sentencing

Monday, March 12, 2018

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

Sera Alexander Plea

Thursday, March 8, 2018

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

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

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

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

Abraham Roberts Verdict

Wednesday, January 17, 2018

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

Devin Carter Sentencing

Wednesday, November 1, 2017

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

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

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

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

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

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

Dre'Sean Barber Verdict

Tuesday, October 3, 2017

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

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

Kyle Jepson Sentencing

Tuesday, October 3, 2017

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

Terry Rote Sentencing

Tuesday, August 15, 2017

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

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

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

Travis West Verdict

Monday, April 3, 2017

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

Keyon Harrison Verdict

Tuesday, October 11, 2016

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

Wadsworth Verdict

Tuesday, August 30, 2016

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

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

The Honorable Judge Paul Scott presided over the trial.

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

Polk County Sheriff: Don't Fall for Phone Scams

Thursday, August 18, 2016

REMINDER - FRAUDULENT PHONE SCAMS REPORTED ACROSS POLK COUNTY

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

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

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

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

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

Nearly $90,000 in Victim Restitution Recovered

Friday, July 29, 2016

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

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

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

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

Patrick Kirwan Sentencing

Monday, June 6, 2016

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

Tarry Pote Sentencing

Tuesday, May 10, 2016

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

Rodriguez Verdict Announced

Friday, May 6, 2016

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

Please be safe.  Do not drink and drive.  

Kirwan Verdict

Wednesday, April 27, 2016

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

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

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

Richard Shawhan Sentencing

Friday, April 15, 2016

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

Lavelle McKinley Sentencing

Thursday, March 10, 2016

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

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

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

Ngor Makuey Sentencing

Tuesday, January 5, 2016

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

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

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

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

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

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

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

KCCI: How the state deals with OWI Offenders

Wednesday, September 17, 2014

Petithory Metcalf Sentencing

Monday, September 8, 2014

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

Russell & Shorter Sentencing

Wednesday, August 20, 2014

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

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

Contact Us

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

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