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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 (Mar 2017)

Monday, April 17, 2017

One Hundred thirty-two DEFENDANTS SENTENCED FOR OWI THE MONTH OF March 2017

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

One hundred five of those defendants were prosecuted for OWI First Offense. OWI First Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in county jail and a maximum fine of $1,250. The Court MUST impose a minimum sentence of two days in the county jail and a fine of $1,250, upon conviction. Blood alcohol levels are shown below in parentheses. DRE indicates that the conviction was based upon use of drugs other than just alcohol. REF means that the defendant refused the chemical test. A deferred judgment (non-conviction) is usually available to those defendants who test below .150 for an OWI First Offense. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.

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

Toby Ames, (0.145); Davonte Banks, (REF); Nicole Barth, (0.199); James Baumeister, (0.136); Mathew Blink, (0.123); Jason Blue, (REF); Maxine Burton, (0.127); Brandt Butler, (0.153); Jason Canady, (0.161); Wilfred Carmenate, (0.173); Reio Cason, (0.131); Rodrigo Castillo, (0.172); George Civitate, (DRE); Tylar Coffman, (0.157); Ashley Comer, (0.157); Ernesto Contreras, (0.198); Scott Crabb, (0.17); Thomas Cross, (REF); Ray Crowe, (REF); Narciso Cruz Jarquin, (0.168); Narciso Cruz Jarquin, (0.184); Mark Danes, (0.244); Brock Devaughn, (0.224); Terry Dial, (0.163); Pylar Eaton, (0.115); Justin Einerson, (0.311); Sara Felten, (0.102); Jill Finken, (0.196); Melvin Flores, (REF); Daniel Folkerts, (REF); Kyle Frith, (REF); Colby Gentry, (0.102); Jennifer Giovanni, (REF); Michael Glenn, (0.118); David Gourd, (0.256); Nicholas Greve, (0.191); Russell Gullickson, (0.225); Daniel Harrison, (0.283); Erica Hartschen, (REF); Valerie Holmes, (0.201); Stephanie Houghton, (REF); Tammy Hoyman, (0.092); Jonathan Jennings, (0.164); Richard Johnson, (REF); Bailey Johnson, (0.228); Jaquel Keele, (REF); John Kiplinger, (REF); James Lemker, (0.282); Tad Leverenz, (0.182); Kelsie Long, (0.146/DRE); Valentin Lopez Cisneros, (0.159); Jorge Lozoya Cano, (0.182); Tyler Maldonado, (0.212); Patrick McCallum, (REF); Kasey McDowell, (REF); Alex Merkley, (0.121); Dustin Moeller, (0.158); Erica Monson, (0.105); Donna Neubauer, (REF); Jason Nicholson, (0.166); Sharon Novinger, (0.244); Earl O'Donnell, (REF); Laurie Ogg, (DRE); Ryan Osborne, (REF); Nikhil Premnath, (0.142); Jasmin Rakovic, (0.157); Ricardo Ramirez Ramirez, (REF); Edgar Reyes Torres, (REF); Edgar Reyes Torres, (REF); Douglas Ridout, (0.23); Damien Ritter, (0.272); Mark Rittgers, (0.094); Alexavier Robinson, (0.214); Michael Rodriguez, (REF); Marie Rohm, (0.143); Jose Romaniz Orellana, (REF); Tracy Ross, (DRE); Jeremy Rushing, (0.199); Shoab Sayeed, (0.217); Jennifer Schafer, (0.146); Timothy Schelle, (0.107); Gary Scott, (REF); Paul Scott, (0.12); Octavia Scott, (0.214); Stephen Skelton, (REF); Michelle Sonderleiter, (0.146); Cody Spencer, (0.15); Carolyn Spring, (0.138); Tyler Springer, (DRE); Kathryn Stange, (REF); Kristen Street, (0.11); Danyelle Sumlin, (0.224); Daniel Sziber, (0.107); Richard Thompson, (REF); Tyler Trampel, (0.159); Leticia Vandyke, (0.147); John Villegas, (REF); Hang Vo, (0.184); Robert Voyce, (0.236); Merrideth Walton, (0.151); Steven Warner, (REF); Nicole Wells, (0.142); Desiree Williams, (0.203); Zenoba Winters, (0.188); Kip Woods, (0.156/DRE); Julian Zepeda, (DRE); Jill Ziegler, (0.215).

Of those defendants sentenced for OWI First Offense this report, forty 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 .311 (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-nine refused chemical testing (denoted by “REF”).

Twenty-five 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:

Ryan Adkisson, (0.19); Whitney Albertson, (0.339); Husein Amidzic, (0.174); Casey Bloom, (REF); Jose Cano Varela, (REF); Timothy Chapman, (0.201); Edward Davis, (REF); Selleck Davis, (0.213); Zhania Ensign, (0.232); Brady Essman, (REF); Lyle Fritz, (REF); Heather Greenwood, (0.16); Ryan Harmsen, (0.187); Margaret Hart, (REF); Christopher Hols, (0.201); Ross Hutcheson, (0.124); Ross Hutcheson, (0.124); Brendan McConville, (0.083); Jessica McQuiston, (0.121); Caitlin Mielk, (0.202); Zachary Newquist, (0.119); Ryan Oldham, (0.169); Anna Saggau, (0.307); Chanel Scott, (0.248); Jon Stapes, (0.088); Lucas Wegner, (0.194).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of .083 to a high of .339 (more than FOUR times the legal limit). Six of these defendants refused the chemical test.

There were two 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: 

Roger Bretz, (REF); Boun Quang, (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 March 2017, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Maurice Curry, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Megan Carter, Melanie Lumley, Chelsey Wilson, and Erica Zimmerman.

Felony Case Summary (Week of 4/10/17)

Monday, April 17, 2017

On April 11, 2017, Glenn Waychoff, III, appeared in Polk County District Court in criminal number FECR300396 for sentencing.  Waychoff earlier pleaded guilty to Possession of a Controlled Substance With Intent to Deliver (methamphetamine) and was sentenced to a term of imprisonment not to exceed 10 years with a mandatory minimum one-third of the sentence which must be served before he would be eligible for parole.  The prison sentence was suspended and he was placed on probation for a period of two years.  Waychoff must complete substance abuse treatment as a term of his probation.  Waychoff was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On April 13, 2017, Maleek Johnson was sentenced for the crimes of Intimidation With a Dangerous Weapon, a Class C felony with the dangerous weapon enhancement, and Going Armed With Intent, a Class D felony, in case number FE292056, and Robbery in the Second Degree, a Class C felony, in case number FE292317.  He was sentenced to a maximum indeterminate term of incarceration of ten (10) years with a mandatory five year term, five years and ten (10) years with a mandatory seventy percent, to be served consecutive to each other for a term not to exceed twenty-five (25) years.  Further, his probation was revoked in FE289340 and he was sentenced to a maximum indeterminate term of two years, concurrent to the twenty-five (25) year sentence.  He was also sentenced to sixty days with credit for time served for the crime of Operating a Motor Vehicle Without the Owner’s Consent in AG292372.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Felony Case Summary (Week of 4/3/17)

Monday, April 10, 2017

On April 3, 2017 Derek William Alshouse appeared for a plea and sentencing in Case No. FECR299631 for the crime of Possession of a Controlled Substance, Third or Subsequent Offense, a Class D Felony.  The Polk County District Court sentenced the defendant to a prison term not to exceed five years.  This defendant was prosecuted by the Polk County Attorney Office's Drug and Gang Bureau.

On April 4, 2017 Ashley Miller appeared for plea and sentencing in FECR303638.  She admitted she was in possession of a motor vehicle belonging to someone else without any authority to so be . She also admitted she was in possession of methamphetamine.  She was granted consecutive suspended sentences of three (3) years and placed on probation for two (2) years. 

On April 4, 2017 Robert Hugen appeared for a plea in FECR301844.  He admitted the crimes of Theft in the 1st Degree by taking property from the person of another, as an habitual offender (having twice previously been convicted of a felony), and Robbery in the Third Degree.  He will be sentenced on May 24, 2017. 

On April 4, 2017 Otis Robinson appeared for a plea in FECR298046.  He pled guilty to Burglary in the Third Degree, admitting he broke into a pharmacy with the intent to steal cough medicine.  He will be sentenced May 23, 2017.

On April 4, 2017  Jaydn Sanchez Roberts appeared for disposition of his probation violation in FECR279657.  He previously admitted he violated probation and was held in contempt for 60 days in jail.  He was required to do certain things to purge his contempt.  He failed to do those things and then failed to appear for the hearing to show proof he had complied.  He was held in custody pending further hearing-today.  The State argued his prior contempt should be enforced. The Defense requested 30 days in jail and continued on probation.  The Court ordered Defendant to serve the remaining of the 60 days originally ordered.

On April 5, 2017 the Polk County District Court found that Ryan Lee Stockbauer was eligible for certain sentencing enhancements following a jury verdict which found the defendant guilty of the crimes of Possession of a Controlled Substance and Operating While Intoxicated (OWI) on February 14, 2017.  Sentencing is currently set for June 2, 2017.  The defendant faces up to 15 years incarceration on the Possession charge and 2 years incarceration on the OWI charge.  This defendant was prosecuted by the Polk County Attorney Office's Drug and Gang Bureau.

On April 7, 2016, Dan Joseph Kudron was sentenced for the crimes of Conspiracy to Deliver a Controlled Substance, a Class C felony, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE296831.  He was sentenced to a maximum indeterminate term of incarceration of ten (10) years and five (5) years, consecutive, with a mandatory one-third term he must serve of the ten (10) year term prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 7, 2017 John Nicholas Sinnott appeared for sentencing in Polk County Case No. FECR296251 for the crimes of Possession of More than Five Grams of Methamphetamine, a Class B Felony;  Possession of a Controlled Substance, Third Offense, a Class D Felony;  and Possession of a Controlled Substance, Third Offense, a Class D Felony.  The Polk County District Court ordered that all three counts to run consecutive to one another for a prison term not to exceed 35 years.  Additionally, the defendant will have to serve one-third of his 25 year sentence on the Possession with Intent to Deliver Methamphetamine charge prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney Office's Drug and Gang Bureau.   

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.  

Felony Case Summary (Week of 3/27/17)

Monday, April 3, 2017

On March 27, 2017, Milton Wright plead guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, as a habitual offender, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE294662.  He was sentenced to a maximum indeterminate term of incarceration of fifteen (15) years and five (5) years, consecutive to each other, with a mandatory one-third term he must serve of the 15 year sentence prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 27, 2017, Marvin Rousseau pled guilty to Burglary in the Third Degree as an Habitual Offender in Polk County case FECR300303.  The Court accepted his plea and scheduled a sentencing hearing for May 31, 2017.

On March 27, 2017, Nicole Leann Baker appeared on her motion for a reconsideration of her prison sentence in Polk County cases AGCR292646, FECR273180, and OWOM077384.  The Court granted her motion and placed the defendant on probation.  As a condition of probation, Baker was required to complete substance abuse treatment.

On March 27, 2017, Zachary Newbrough appeared on his motion challenging his restitution order in Polk County case FECR300763.  Newbrough previously pled guilty to stealing over $100,000 in inheritance meant for his minor daughter.  The Court denied the motion and Newbrough continues to be liable for restitution.

On March 27, 2017 Jamie Allen Beeson appeared for plea and sentencings in Case Nos. SRCR297818 and FECR298652 for the crimes of Possession of a Controlled Substance, Third Offense, a Class D Felony, and Burglary in the Third Degree as a Habitual Offender, respectively.  Additionally, the defendant appeared on various probation revocations.  The Polk County District Court ultimately sentenced the defendant to a total term of incarceration not to exceed 27 years with a mandatory minimum 3 years which must be served prior to becoming eligible for parole.  This defendant was jointly prosecuted by the Polk County Attorney Office's Drug and Gang Bureau and Major Offense Bureau.

On March 28, 2017, Jamale Dixon was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, in case number FE299879.  He was sentenced to a maximum indeterminate term of incarceration of twenty-five (25) years with a mandatory one-third term he must serve prior to becoming eligible for parole, but this sentence was suspended and he was placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 28, 2017, Randy Dunagan appeared in Polk County District Court in criminal number FECR 299674.  Dunagan pleaded guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver (in excess of five grams of methamphetamine) as a Second or Subsequent Offender and Failure to Possess a Tax Stamp (seven or more grams of methamphetamine).  Dunagan was imprisoned for a period not to exceed 30 years and five years respectively.  The prison terms are to be served consecutively to each other and he must serve a mandatory minimum one-third of the 30-year sentence.  Dunagan received a one-third reduction from his mandatory minimum based on his guilty plea and acceptance of responsibility.  Dunagan was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On March 30, 2017 Jeffrey Jordan Cason appeared for plea and sentencings in Case Nos. FECR291658, FECR294878, and FECR298451 for the crimes of Possession of Marijuana with Intent to Deliver as a Habitual Offender, Possession of Marijuana with Intent to Deliver as a Habitual Offender, and Burglary in the Third Degree, a Class D Felony, respectively. The Polk County District Court ran all cases consecutive to one another and ultimately sentenced the defendant to a total tem of incarceration not to exceed 35 years with a mandatory 6 years which must be served prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney Office's Drug and Gang Bureau.

 

OWI Report (Feb 2017)

Monday, March 27, 2017

Ninety-six DEFENDANTS SENTENCED FOR OWI THE MONTH OF February 2017

Ninety-six defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of February 2017.

Sixty-nine of those defendants were prosecuted for OWI First Offense. OWI First Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in county jail and a maximum fine of $1,250. The Court MUST impose a minimum sentence of two days in the county jail and a fine of $1,250, upon conviction. Blood alcohol levels are shown below in parentheses. DRE indicates that the conviction was based upon use of drugs other than just alcohol. REF means that the defendant refused the chemical test. A deferred judgment (non-conviction) is usually available to those defendants who test below .150 for an OWI First Offense. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.

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

Ashlyn Aanonson, (0.152); Gabriel Acri, (0.126); Sherri Allen, (REF); Jeffrey Benda, (REF); Sarah Bennum, (0.1115); Jefferey Blakeburn, (DRE); Edgar Burke, (.107); Alejandro Chavarria, (REF); Kristy Clemens, (0.219); Rodolfo Correa Paz, (DRE); Megan Davis, (0.161); Curtis Diteman, (0.251); Christopher Earles, (0.153); Mandy Erpelding, (0.159); Melvin Flores, (0.23); Jason Foy, (REF); Jacqueline Fuentes, (.202); Forrest Fuller, (REF); Michael Gauthier, (0.171); Lyric Habeck, (0.151); Tyra Harris, (DRE); Logan Heckinger, (0.172); Terry Hildreth, (DRE); Bailey Howell, (0.171); Dominic Iannarelli, (0.129); Victor Juarez Perez, (REF); Hamisi Juma, (0.102); Randy Karaidos, (REF); Janelle Keith, (0.226); James Koher, (0.275); Tara Lake, (0.16); Michael Lambertz, (0.119); Delores Layman, (.089); Nghia Le, (0.166); Tristan Lipich, (0.197); Joshua Magnani, (0.18); Brooke McCracken, (0.127); Alexandra Meyer, (REF); Mackenzie Miklus, (REF); William Mingles, (0.207); Blanico Minter, (0.188); Blanico Minter, (0.197); Matthew Parkinson, (0.161); Jakob Partlow, (.223); Matthew Pfadenhauer, (0.18); Samantha Pound, (0.268); Brandon Priester, (DRE); Antonio Quinn, (REF); Sherry Sadler, (0.121); Kenneth Sadler, (0.15); Ray Seay, (REF); Ray Seay, (0.228); Angel Simmons, (0.087); Madison Smith, (0.088); Joshua Snyder, (0.156); Jared Snyder, (REF); Souphom Soutthisom, (0.193); Julie Spears, (0.096); Andrew Stofferahn, (0.145); Chelsea Sullivan, (REF); Ricky Thomas, (0.298); Joseph Thomason, (0.135); Brian Treanor, (0.09); Bruce Tully, (0.134); Jennifer Villegas, (REF); Elisha Wangler, (REF); Paul Welter, (0.129); Craig Wilson, (0.255); Whitney Wiseman, (0.202); Justin Wright, (0.117); Dany Zuniga Corado, (0.178).

Of those defendants sentenced for OWI First Offense this report, twenty-eight had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .087 and the high test was .298 (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 fifteen refused chemical testing (denoted by “REF”).

Twenty-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:

Musco Amieth Kongroan, (REF); Jason Archer, (DRE); Jared Arnold, (0.107); Michael Barnes, (0.17); Christopher Beahr, (REF); Jeffrey Brown, (REF); Jerrydean Cline, (0.108); Sean Flaherty, (0.141); Benjamin Graziano, (REF); Mary Hayworth, (0.293); Rodrigo Hernandez Zamorano, (0.241); Ross Hilton, (0.14); Monica Holt, (REF); Joshua Johnson, (0.125); Dustin Johnson, (REF); Orijit Kar, (0.223); Lindsey Neuroth, (0.158); Teresa Shea, (0.186); Joseph Sly, (0.13); Anthony Stoner, (0.133); William Volk, (REF); Eric Weber, (REF); Michael Williams, (REF); Tony Xaysana, (0.196).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of .107 to a high of .293 (more than THREE times the legal limit). Nine of these defendants refused the chemical test.

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

Mark Miller, (0.164); Andre Newell, (REF); Kelly Shoop, (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 February 2017, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Maurice Curry, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Megan Carter, Melanie Lumley, Chelsey Wilson, and Erica Zimmerman.

Felony Case Summary (Week of 3/20/17)

Monday, March 27, 2017

On March 20, 2017, John Harlan plead guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, in case number FE301166.  He was sentenced to a maximum indeterminate term of incarceration of thirty-five (35) years with a mandatory one-third term he must serve prior to becoming eligible for parole, and this sentence was run consecutive to the defendant’s parole revocation for a total term not to exceed sixty (60) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 20, 2017, Jamie Johnson plead guilty and was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE301159.  She was sentenced to a maximum indeterminate term of incarceration of ten (10) years with a mandatory one-third term she must serve prior to becoming eligible for parole, and five (5) years, consecutive to each other and consecutive to the defendant’s probation revocation for a total term not to exceed twenty (20) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 20, 2017, Kevin McGinnis plead guilty and was sentenced for the crime of Possession of a Controlled Substance, second offense, an aggravated misdemeanor, in case number SRCR301176.  Judgment was deferred and he was placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 21, 2017, Amy Rice was sentenced for the crime of Possession of a Controlled Substance, Third Offense, a Class D felony, in case number SRCR299305.  She was sentenced to a maximum indeterminate term of incarceration of five (5) years, but this sentence was suspended and she was placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 22, 2017, Aaron Sinclair Waiters appeared for a probation revocation in Polk County Case Nos. FECR292259, FECR292023, and FECR291977.  The defendant was on probation for the crimes of Assault Causing Bodily Injury, Possession of Simulated Methamphetamine with Intent to Deliver, and Theft in the Second Degree, respectively.  The Polk County District Court revoked the defendant's probation and imposed a term of incarceration not to exceed 16 years (1 year on the Assault charge;  10 years on the Simulated Meth charge; and 5 years on the Theft charge).  Additionally, the Court ordered the defendant to serve a mandatory minimum one-third of his 10 year sentence on the Simulated Meth charge prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney Office's Drug and Gang Bureau.  

On March 23, 2017, Steven Panas appeared for a pre-trial conference and entered a plea to the charge of Operating a Motor Vehicle Without Owner's Consent and failing to have valid insurance.  He was granted a deferred judgment, placed on probation for two years and required to pay restitution and a civil penalty for the OMVWOC and was fined for the insurance ticket. 

On March 24, 2017, Roy Kline III appeared for a bond review . He is charged with Intimidation with a Dangerous Weapon for discharging a firearm at a residence where he was not allowed to be. The State resisted a modification of his bond without him being required to attend residential substance abuse treatment as was recommended.  The Court modified his bond to $35,000 cash or surety, which is the amount he reported he could manage to post.  The Court did not require any substance abuse treatment.

On March 24, 2017, Brandon Baker appeared for disposition in FECR299738, having previously pled guilty to four counts of Forgery for being in possession of and using stolen credit cards.  The Court granted the Defendant a Suspended Sentence and placed him on probation for two years, pursuant to the recommendation of the Department of Corrections.  It is anticipated he will be transferred to Michigan, which is his home state, for supervision.  The Defendant advised his prior history was predominantly from when he was a juvenile and he has plans to go into a trade and turn his life around.  The parties argued to the Court as to his term of sentence.  The State argued his sentences should run consecutive to each other and the Defendant requested concurrent.  The Court cited the risk assessments which rate him in the moderate to high risk to reoffend as well as his prior history.  The Court split the difference and sentenced him to 10 years, suspended.

On March 24, 2017, Emitt Fraley appeared for probation violation hearing in FECR295093, AGCR297584, AGCR295611,  He admitted he violated his probation by committing a new offense and being discharged from the Fort Des Moines. His disposition hearing is scheduled April 12, 2017 at 9:30 a.m.

On March 24, 2017Michelle Carder appeared for probation violation hearing in AGCR277694.  She had failed to pay her financial obligations.  She made a payment of $500 this date.  Her hearing was reset to September 15, 2017 to allow her to continue making payments.

On March 24, 2017Ana Cratty appeared for probation violation hearing in FECR274830.  She had complied with all probation conditions but still owed financial obligations. She was current in her payment plan.  Shew as successfully discharged from probation with a requirement to continue her payments.

On March 24, 2017Joey Halbrook Jr. appeared for a probation violation hearing. He stipulated he violated his probation by absconding supervision and being unsuccessfully discharged from Bridge of Iowa. He agreed the violations were sufficient to revoke his deferred judgment and his probation. He was adjudged guilty of Theft 1st Degree and sentenced to ten (10) years in prison.

On March 24, 2017, Jonathan Murphy appeared for a probation violation hearing . He stipulated he violated his probation by failing to comply with the Fort Des Moines Facility. Disposition was set for March 29, 2017 at 2:30 p.m.

On March 24, 2017, Preston Firkins appeared in sevearl criminal matters for a probation violation hearing.  He admitted he used methamphetamine.  He was sentenced to ten (10) days contempt but allowed to purge that contempt by obtaining a substance abuse evaluation as scheduled on March 28, 2017 and complying with all recommendations and keeping in touch with his probation officer .

On March 24, 2017, Troy Kifer appeared for a hearing on the status of his probation in FECR289178.  The Defendant has a placement at Hope Ministries and an order was entered accordingly.  He had previously been sentenced to probation adn violated his probation.  He will now be required to comply with programming and housing at Hope Ministries.

On March 24, 2017, Bernard Penelton appeared in FECR283698 for a probation violation hearing. He admitted he failed to appear to his probation appointments. He was found in contempt for 30 days and credited with 9 days served.

On March 24, 2017, Jon Lingwall appeared in FECR287132 for a probation violation hearing.  HE admitted he failed his placement at the Salvation Army twice. He stipulated the violations were sufficient to warrant revocation of his probation.  He was sentenced to five (5) years in prison on the charge of theft 2nd Degree.

On March 24, 2017, Guy Garrett appeared for a probation violation hearing in FECR296420.  He admitted he was arrested on new charges and used methamphetamine.  He requested the Court set the matter for disposition at a later date so he could argue for something less than prison. The matter was set for disposition on April 6, 2017.

On March 24, 2017, Dorothy Kemboi stipulated she violated the terms and conditions of his probation by failing to be in contact with his PO.  She was sentenced to 13 days contempt and credit for 11 days served.  She will be released on Monday and required to report to her PO immediately.

On March 24, 2017, Lydia George appeared for a probation violation hearing in FECR293133.  She had not paid on her court ordered financial obligations.  She was requesting the Court convert her community service to a fine. The parties agreed she would (and did) pay $600 towards her obligations.  Her hearing was rescheduled to June 30, 2017 to allow her to pay the balance.

On March 24, 2017, Jaydn Roberts appeared in FECR279657.  He was on probation and ordered to comply with certain conditions to purge his contempt of 60 days.  He failed to complete those things and failed to appear for the hearing.  He stipulated to the violations and disposition was set April 4, 2017 at 11:30 a.m.

On March 24, 2017, Trey Bush stipulated he violated the terms and conditions of his probation by failing to keep in contact with his PO and failing to reside where required . Disposition is set for April 10, 2017 at 1:45 p.m.

Felony Case Summary (Week of 3/6/17)

Monday, March 13, 2017

On March 7, 2017, Joe Brooks was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE297975.  He was sentenced to a maximum indeterminate term of incarceration of ten (10) years with a mandatory one-third term he must serve prior to becoming eligible for parole, but this sentence was suspended, over the State’s objection, and he was placed on probation for five years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 7, 2017, Joseph Joshua 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 FE297975.  He was sentenced to a maximum indeterminate term of incarceration of fifteen (15) years with a mandatory one-third term he must serve prior to becoming eligible for parole, consecutive to his probation violation sentences. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 7, 2017, Linda Heikes plead guilty to the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, and two counts of Failure to Possess a Tax Stamp, Class D felonies, in case number FE291513.  She will be sentenced on April 17, 2017 and faces a maximum indeterminate term of incarceration of ten (10) years, with a mandatory one-third term she must serve prior to becoming eligible for parole, five (5) years and five (5) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 10, 2017, Aalonzo Hayes appeared in Polk County District Court in criminal number FECR297325 for sentencing.  Hayes earlier pleaded guilty to Conspiracy to Deliver a Controlled Substance (marijuana).  Hayes was granted a deferred judgment and placed on probation for a period of two years.  He must pay a $750.00 civil penalty.  Hayes was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

Felony Case Summary (Week of 2/27/17)

Tuesday, March 7, 2017

On February 28, 2017, Daizhon Turner plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE299141.  He will be sentenced on April 18, 2017 at 11:00 a.m. and faces a maximum indeterminate term of incarceration of ten (10) 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 28, 2017, Melissa Nicole Housely appeared in Polk County District Court in criminal number FECR298827 for sentencing.  Housely was granted a deferred judgment for the crimes of Possession of a Controlled Substance (methamphetamine) and Child Endangerment.  Housely was placed on probation for three years. Housely was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On March 1, 2017, Zachary Mead-Ostrander was sentenced for the crime of Delivery of a Controlled Substance a Class B felony, in case number FE295554.  He was sentenced to a maximum indeterminate term of incarceration of twenty-five (25) years with a mandatory one-third term he must serve prior to becoming eligible for parole. The Court granted the defendant a one-third reduction of this mandatory minimum for the entry of his plea and ordered that he serve 50% of this sentence prior to becoming eligible for parole.  This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 3, 2017, Christopher Morwitzer plead guilty to the crime of Conspiracy to Deliver a Controlled Substance, a Class C felony, in case number FE300835.  He will be sentenced on April 18, 2017 at 10:00 a.m. and faces a maximum indeterminate term of incarceration of ten (10) 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 March 3, 2017, Raeshella Kohler plead guilty to the crime of Conspiracy to Deliver a Controlled Substance, a Class C felony, in case number FE300824.  She will be sentenced on April 18, 2017 at 10:30 a.m. and faces a maximum indeterminate term of incarceration of ten (10) 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.

OWI Report (Jan 2017)

Monday, February 6, 2017

One Hundred forty DEFENDANTS SENTENCED FOR OWI THE MONTH OF January 2017

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

One hundred 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:  

Tristan Adams, (REF); Roger Bados Cruz, (0.158); Tobin Barnes, (0.219); Everett Bates, (0.125); Elijah Belgar, (0.208); Raymond Bertrand, (REF); Porfirio Blanco-Montero, (0.143); Elizabeth Bossenberger, (0.17); Kerry Broquist, (REF); Jody Carnes, (0.136); Carmen Carrasco, (0.181); Gumercindo Carrillo Trujillo, (0.166); Gumercindo Carrillo Trujillo, (0.262); Brandon Carter, (0.111); Danny Casto, (0.222); Alan Castro Juarez, (DRE); Cody Catron, (0.156); Robert Ceretti, (.287); Benito Contreras Lira, (0.156); Demetrio Cortes, (0.21); Benjamin Cromer, (0.171); Shanna Curtis, (DRE); Lisa Dang, (DRE); Juan Delossantos, (0.088); Justin Dierks, (0.158); Melissa Donels, (DRE); Abie Durst, (REF); Christy Field, (0.223); Ryan Flanery, (0.165); Troy Gehrke, (0.153); Chase Gill, (0.101); Lawrence Gipson, (REF); Jason Grady, (REF); Justin Greenwood, (0.18); Scott Grimes, (REF); Michael Guthrie, (0.11); Ethan Hansen, (REF); Brent Hansen, (REF); Shadale Henderson, (REF); Heath Hill, (0.177); Devlin Hogans, (0.149); Terry Howard, (REF); Lephanie Jenkins, (REF); Christy Johnson, (0.159); Courtney Jones, (0.264); Haris Karajic, (DRE); Perry Kaster, (0.197); Rodney Ledbetter, (.211/DRE); Zeng Kong Lee, (REF); David Leinen, (0.216); Van Lian, (0.225); Linfoung Ly, (0.106); Tyler McAninch, (REF); Cole McCombs, (.152); Calvin McGahuey, (0.236); Alberto Menes, (0.183); Edwin Moore, (.185); Jamarkus Mozee, (0.154); Daniel Nelson, (REF); Andrew Parrish, (REF); Dustin Perez, (REF); Nathaniel Powless, (DRE); Sara Prochaska, (0.15); Prabesh Rai, (0.172); Ezra Reiners, (REF); Brandy Robinson, (0.136); David Rodarte, (0.159); Thomas Rossley III, (REF); Amber Ruiz, (0.133); Heather Rumsey, (0.186); Ronald Sanchez, (0.119); Scott Sands, (0.151); Blendo Sarceno Salguero, (0.161); Michele Schulte, (.115); Kevin Seay, (0.086); Tammy Seeley, (0.167); Jesus Segovia, (REF); Alyssa Septer, (DRE); Dominique Settles, (DRE); James Short, (REF); Sherry Shull, (0.119); Jesse Sink, (0.168); Christopher Skelton, (REF); Monica Sochit, (REF); Rodolfo Suarez Rubio, (0.182); Abby Sullivan, (REF); Anthony Taylor, (DRE); Connie Terry, (0.122); Rick Thielen, (0.117); Tony Thomas, (0.221); Ethan Vanderschel, (REF); Jeffrey VanHouten, (0.184); James Vivian, (REF); Richard Way, (REF); Danielle Weiner, (REF); Justin Whipple, (0.226); Jaymi White, (0.245); Kevin Wisecup, (0.15); Lee Wolfe, (DRE); Dominic Wood, (REF); Austin Woodside, (0.124); Jon Wright, (0.142); Hatred Yahkwenneh, (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 .086 and the high test was .287 (more than THREE times the legal limit). Ten defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and thirty refused chemical testing (denoted by “REF”).

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

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

Nicholas Bannor, (0.171); Trammell Bass, (.028/DRE); James Boots, (REF); Jarrod Brown, (REF); Mathew Bunting, (0.149); Bandak Deng, (REF); Steven Edwards, (REF); Aaron Ginn, (0.194); Nathan Head, (.055/REF); Kenneth Heck, (0.154); Virginia Hernandez, (.171); Bryan Jozwiak, (0.141); Renee Kasper, (0.196); Naradipo Keth, (0.096); Brooke Lasley Mauskemo, (REF); Jamer Lickteig, (REF); Wayne Light, (REF); Paul Maple, (0.157); Thomas Murphy, (.137); Miguel Nabor Santana, (0.213); Kelly New, (DRE/REF); Meghan Pleima, (0.282); Jason Powers, (REF); Ray Rice, (DRE/REF); Brian Riley, (0.259); Timothy Schlickman, (REF); Phillip Schmidt, (0.178); Caleb Stout, (0.292); Bir Man Tamang, (0.172); Kaylie Wilson, (0.215); Gregory Witting, (0.114); Tony Young, (0.156).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of .096 to a high of .292 (more than THREE times the legal limit). Nine of these defendants refused the chemical test.

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

Raymond Burke, (0.106); Janelle Haselby, (REF); Donald Ingersoll, (0.368); James Sheppard, (REF); Daniel Wilson, (0.123).

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 2017, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Maurice Curry and Jordan Roling, and the support staff responsible for assisting were: Chelsey Wilson and Erica Zimmerman.

Felony Case Summary (Week of 1/30/17)

Monday, February 6, 2017

On January 30, 2017, Corey Burnsworth plead guilty and was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE300063.  He was sentenced to a maximum indeterminate term of incarceration of ten (10) 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 30, 2017, Kenneth Kirkpatrick was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE286635.  He was sentenced to a maximum indeterminate term of incarceration of thirty (30) years with a mandatory one-third term he must serve prior to becoming eligible for parole and five (5) years, consecutive, for a total of 35 years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 30, 2017, Amy Renee Rice plead guilty to the crime of Possession of a Controlled Substance, Third Offense, a Class D felony, in case number SR299305.  She will be sentenced on March 21, 2017 at 1:30 p.m. and faces a maximum indeterminate term of incarceration of five (5) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 31, 2017, Charles Schreiner was sentenced to prison in Polk County Criminal Numbers FECR298348 and FECR298949 for the crimes of Possession, Receipt, Transportation or Dominion and Control Over a Firearm as a Convicted Felon (two counts) and Possession of a Controlled Substance (Third Offense).  The defendant was sentenced to five-year prison terms of each count.  The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 31, 2017, Angelica Ramires pled guilty in Polk County Criminal Number FECR299950 to the crime of Possession, Receipt, Transportation or Dominion and Control Over a Firearm as a Convicted Felon.  Sentencing was set for a later date.  The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 31, 2017, Mary Harrison pled guilty in Polk County Criminal Number FECR297848 to the crime of Possession of a Controlled Substance with Intent to Deliver (marijuana).  Sentencing was set for a later date.  The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On January 31, 2017, Darius Armstead pled guilty in Polk County Criminal Number FECR299966 to the crime of Trafficking in Stolen Weapons.  Sentencing was set for a later date.  The defendant is being prosecuted by the Polk County Attorney’s Office 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.

Mbonyunkiza Sentencing

Monday, August 18, 2014

After two years on the run, sexual abuser Mbonyunkiza is brought to justice:

In December 2009, Napoleon Mbonyunkiza was working as an aide in a group home for disabled adults.  In his care was D.B., a woman was so disabled that she couldn’t walk nor speak.  D.B. was completely dependent on staff for all of her care and protection.  Horrifically, Mbonyunkiza raped D.B. and impregnated her.  Due to D.B.’s disability, this violation was not discovered and she continued in the care of Mbonyunkiza for months.  When D.B. started showing signs of pain and nausea that were so severe that she required hospitalization, her pregnancy was discovered.  DNA testing confirmed Mbonyunkiza was the culprit.  Mbonyunkiza was arrested in May 2010 and charged with Sexual Abuse in the Third Degree, Dependent Adult Abuse and Neglect of a Dependent Person in Polk County Case FECR237656.  On June 4, 2010, Mbonyunkiza, an immigrant from Uganda, failed to appear for his preliminary hearing and it was learned that he fled the country to escape justice. 

After an exhaustive joint effort by the Polk County Attorney’s Office, United States Marshals, Des Moines Police Department, United States Immigration and Customs Enforcement, and the U.S. State Department, Mbonyunkiza was finally arrested and brought back to the United States in August 2013.  In addition to his original charges, Mbonyunkiza faced an additional charge in Polk County criminal case FECR238083 of Failing to Appear. 

On June 6, 2014, Mbonyunkiza pled guilty to all charges, admitting that he had sexually assaulted and impregnated a completely defenseless person.  On August 1, 2014, the Honorable Judge Scott D. Rosenberg sentenced Mbonyunkiza to an indeterminate term of incarceration not to exceed thirty years, the maximum sentence.  Once he completes his sentence, he will be immediately deported to his home country.

D.B.’s guardian expressed gratitude for the successful prosecution of such a heinous crime.  It was only due to the joint cooperation of local and federal agencies that Mbonyunkiza received justice.

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