Felony Case Summary (December 2017)
On December 12, 2017, Isaiah Gilkey appeared in FECR306606 and entered a plea of guilty pursuant to North Carolina v. Alford, to the charge of Attempted Burglary 3rd Degree. He was granted a suspended sentence and placed on probation for 2 years.
On December 12, 2017, Toni Gandy Fisher appeared for a reconsideration of her sentence in FECR288015. She was sentenced on May 24, 2017 to the felony charges of Forgery as habitual offender, two counts and the misdemeanor charge of Theft 3rd Degree. Under Iowa Code section 903.2, a misdemeanant must seek reconsideration of sentence within 30 days of being sentenced. Defendant did not seek reconsideration of her sentence until August. The issue is therefore precluded at this time.
On December 12, 2017, Corey Jermain Thorpe appeared in several matters. He entered pleas of guilty in AGCR308539 to the charge of Domestic Abuse Assault, 2nd Offense; in AGCR309956 to the charge of Neglect of a Dependent; in OWOM083773 to the charge of Operating While Intoxicated, 3rd Offense; in SRCR309008 to the charge of Possession of a Controlled Substance, Marijuana. He will be sentenced on January 29, 2018. He will remain in jail pending disposition. At the time of sentencing, the parties agree the Defendant will be sentenced to consecutive sentences of 18 years. He will be free to argue for probation, but the State will request incarceration.
On December 12, 2017, Kimberly Jo Bullington appeared for sentencing in FECR307313. She previously pled guilty to the charges of Eluding, as a felony, and OWI 2nd Offense. She has a long history of alcohol and substance abuse. She has two prior OWI offenses. In the Eluding she fled the police reaching speeds if 125 mph on a city street of Des Moines. She has participated in treatment since her arrest and has completed the OWI 2nd class. When she was arrested, she refused a breath test for the OWI and is therefore not eligible under the law for a deferred judgment. She requested a Deferred Judgment as to the felony Eluding. The State cited the nature of the offense and her prior history for reasons to enter judgement. The Court granted her a deferred judgment as to the felony
And suspended her sentence as to the OWI offense. The Court determined that if she could be successful on probation she should be rewarded with the benefit of the deferred judgment.
On December 15, 2017, David Leanos appeared for probation violation hearing in FECR303090, AGCR289524 and SRCR289526. The Defendant was to provide proof of compliance with treatment and programming, which he did. He was able to purge his contempt previously imposed. He was continued on probation and is required to meet with his probation officer as required.
On December 15, 2017, Samuel Miller appeared in FECR292245 and AGCR296619 for a probation violation hearing. He admitted he violated the terms of his probation by continuing to use substances. The Dallas County Attorney handled the matter and agreed the Defendant would be continued on probation with the condition that he comply with a substance abuse treatment program which encompasses dual diagnosis.
On December 15, 2017, Esteban Huizar appeared in FECR262925 for sentencing. He previously pled guilty to two counts of Lascivious Acts with a Child where he admitted he had engaged in sexual contact with two male grandchildren. At sentencing, the Department of Corrections recommended incarceration after completing a pre-sentence investigation. The State requested prison as well and argued the sentences run consecutive to each other as there were two different victims. The Defendant requested probation. The Defendant argued the he had only 1 prior offense, a federal offense for drug trafficking for which he served six years in federal prison. He argued that because these offenses occurred prior to his federal incarceration, no purpose would be served by incarcerating him on this offense. He is currently being held by Immigrations and Customs Enforcement and may be deported to Mexico. The Court found, based on the serious nature of the offenses, he should be incarcerated. The Court sentenced him to prison for ten (10) years on each offense and ran the sentences concurrent to each other, inconsideration of his likely deportation. Collateral consequences include the Defendant is required to register as a sex offender for the rest of his life and will be on supervision as if on parole for the rest of his life.
On December 15, 2017, Antwon Johnson appeared in FECR260711. He had previously stipulated to violating a No Contact Order and was sentenced to 20 days in jail. His probation violation was for this same offense. He was sentenced to 20 days contempt, concurrent with his probation.
On December 15, 2017, Skylar Pele Ung appeared in FECR300615 for a probation violation hearing. He admitted he violated his probation by committing a new offense. He had been granted a Deferred Judgment on a Conspiracy charge. His deferred judgement was revoked and judgement was entered consecutive to his new offense and he was continued on probation.
On December 15, 2017, Adam Strahl appeared in FECR300572 and stipulated he violated the conditions of his probation by failing to comply with any conditions of probation. He had been granted a deferred judgment on the charge of Neglect of a Dependent. His deferred judgement was revoked and judgment was entered. He was ordered onto probation anew for two years.
On December 15, 2017, Ricky Ryan was sentenced for the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, Failure to Possess a Tax Stamp, a Class D felony, and Possession of a Controlled Substance, Third Offense, a Class D felony, in case number FE303958. He was sentenced to a maximum indeterminate term of incarceration of twenty-five (25) years, five (5) years and five (5) years, concurrent to each other but consecutive to his parole revocation, 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.