Felony Case Summary (February 2020)
On February 6, 2020 Charles ByBee appeared in FECR33279 and entered a plea of guilty to the charge of Forgery. He admitted he presented a forged check, knowing it was fraudulent, with the intent to obtain goods in exchange therefor. He will be sentenced March 23, 2020. He was also taken into custody on an outstanding warrant from Warren Co. for a drug paraphernalia charge.
On February 6, 2020, Michael Hager appeared in FECR316400 and entered a plea of guilty admitting he violated the sex offender registry for the 2nd time. He also stipulated he violated the terms and conditions of his probation in AGCR313506. He will be sentenced on March 26, 2020.
On February 7, 2020, Bradley Graham appeared for sentencing in FECR329102 and AGCR329117. The Defendant previously pled guilty to Failure to Comply with Sex Offender Registry 1st offender and was convicted by a jury of 2 counts of Forgery and Theft 3rd Degree. The Defendant requested the Court grant him probation with placement at the Fort Des Moines Facility after residential substance abuse treatment. The State asked for imprisonment. The Court cited the defendant’s prior criminal history and his exhaustion of community based corrections opportunities and sentenced the defendant to a total period of incarceration not to exceed five (5) years.
On February 7, 2020, Travis Gonzales appeared in FECR324029 and entered pleas of guilty to two counts of Vehicular Homicide by Operating while Intoxicated before his family and the victims families. The defendant admitted that he was intoxicated with a blood alcohol level of .219 when he operated his motor vehicle. He rear ended a vehicle on the interstate and caused it to careen off the road into a tree. That vehicle was occupied by two people, Austin Gainuss and Joshua Cox. Both of the occupants were pronounced dead at the hospital as a result of the injuries sustained in the crash. The Defendant specifically admitted his operating under the influence caused the crash which caused their deaths. The Defendant had been out of custody on bond. Upon the Court accepting the defendant’s plea of guilty, he was remanded to the custody of the sheriff where he will be held without bond pending his sentence. The Defendant will be sentenced on March 25, 2020.
On February 6, 2020 Joshua Lamon Leonard appeared for sentencing in Case No. FECR331231 for the crime of Felon in Possession of a Firearm, a Class D Felony. The Polk County District Court sentenced this defendant to prison for a term not to exceed five years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
On February 13, 2020, Amina Garcia appeared in FECR299223 for a probation violation hearing . She stipulated she violated the terms and conditions of her probation by committing a new offense of Malicious Prosecution and failing to comply with the terms of her probation. She pled guilty to Malicious Prosecution in SRCR334769 and was sentenced to 40 days in jail. She was given credit for time served on that offense and stipulated her probation should be revoked on the charge of Theft 2nd Degree. She was sentenced to prison for a period not to exceed five (5) years.
On February 13, 2020 Rickie Kenoyer appeared for sentencing. He previously admitted he attempted to break into a residence when someone was home and he injured someone. The Court considered the recommendation of the Department of Corrections, the statements of counsel and the allocution of the defendant, who expressed remorse for his actions. The Court granted the defendant’s request for a deferred judgment. He will be on probation for two years and will be required to continue with substance abuse treatment aftercare, pay restitution to the victim and pay a civil penalty of $1000. He will be required to abide by a No Contact Order with the victim of this offense. In addition, the defendant previously stipulated he violated the no contact order and was sentenced to 30 days in jail and given credit for 30 days he already served in jail.
On February 13, 2020 Shane Byers appeared in FECR328162 and entered a plea of guilty to two counts of Theft in the 1st Degree. The Defendant admitted he stole a vehicle valued at over $10,000 from Telecom and property valued over $10,000 from Innovative Communication Technologies with the intent to deprive the owners thereof. He will be sentenced in March.
On February 13, 2020 Allen McGinness IV appeared in FECR333536 and entered a plea of guilty to Burglary in the 3rd Degree. He admitted he broke into a friends home with the intent to commit a theft and stole property therefrom. He will be sentenced April 1, 2020. Pending sentence, he may be released to reside at the Fort Des Moines Facility as a condition of probation in another case.
On February 13, 2020 Stephen Vanderluis appeared for a plea in FECR333263. He admitted he presented forged check and received over $1500 in cash therefore. He also stipulated he violated the terms and conditions of his probation in four other case numbers. He will be sentenced on March 31, 2020.
On February 18, 2020 Auston Dillon Sangxayarath appeared for a probation revocation hearing in Case No. FECR321986 for the crime of Possession of a Controlled Substance with Intent to Deliver, a Class D felony. The Polk County District Court revoked the defendant’s probation and sentenced the defendant to prison for a term not to exceed five years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
On February 18, 2020 Cody Allen Curtis appeared for sentencing in Case No. FECR331427 for the crime of Possession of a Controlled Substance with Intent to Deliver, a Class B Felony. The Polk County District Court sentenced the defendant to prison for a term not to exceed 25 years. The defendant must serve at least one-third of his prison sentence prior to becoming eligible for parole. Additionally, the 25 year prison term was ordered 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 February 19, 2020 Gretchen Maifeld appeared and entered a plea of guilty to the offense of Theft in the 2nd Degree in FECR323009. She admitted she misappropriated money she was entrusted with in her employment at McDonald’s. She also admitted she has twice before been convicted of felonies. The Court agreed to go forward with sentencing. The Defendant is on parole for several felonies. The parole officer wrote a letter to the Court explaining why he would not be seeking to revoke her parole. For this reason the parties and the Court agreed to grant the defendant probation in this matter. She will be required to pay restitution and comply with the programming required but the department of corrections.
On February 19, 2020 Coleton Lewis entered a plea of guilty to the offense of Burglary in the 3rd Degree in FECR333166. He admitted he broke into a residence with the intent to commit an assault. He will be sentencing in April. Pending the sentencing date, he will be required to stay in jail until a bed is available for him to participate in residential treatment at CFR in Ft Dodge. When a bed becomes available, he will be required to reside at the facility and be returned to the jail upon completion.
On February 20, 2020, Jennifer Dunlap entered a plea of guilty in FECR332816 pursuant to North Carolina v. Alford, to the charge of Dependent Adult Abuse. While she did not admit the conduct, she did agree that if the case were to proceed to trial the testimony of the State’s witnesses would be sufficient to convince a jury beyond a reasonable doubt of her guilt. She will be sentenced April 8, 2020.
On February 20, 2020 Shawn Melvin entered pleas of guilty in several cases. In FECR324494 he pled guilty to Burglary in the 3rd Degree and Theft in the 2nd Degree, admitted he broke into a residence and stole over $1500 worth of property. In FECR327663 he pled guilty to Possession of a Controlled Substance, methamphetamine 2nd offense. In AGCR331196 the defendant pled guilty to Burglary of a Motor Vehicle and Assault on a Peace officer and in AGCR330196 the defendant pled guilty to Theft in the 4th Degree. He asked the Court to waive time and sentence him immediately. The parties agreed and the Court did enter an order sentencing the defendant to a period of incarceration not to exceed ten (10) years, with some of the offenses running consecutive to each other and others concurrent. The Defendant will be required to make restitution to all victims involved in these cases.
On February 20, 2020, Brock Wing pled guilty in FECR332337 to Interference with Official Acts with a Dangerous Weapon, a knife and three counts of Assault with a Dangerous Weapon, a hatchet. The Defendant will be supervised by the department of corrections on an underlying probation pending sentence. He also stipulated he violated the terms and conditions of his probation in AGCR312844 and SRCR319973 by committing the aforementioned offenses. He will be sentenced April 8.
On February 21, 2020 Noah Wasserman appeared in FECR 326834 for sentencing. When the Defendant entered his pleas of guilty to six counts of Tampering with Records, the parties agreed the Defendant would not ask for nor accept a Deferred Judgment. At the sentencing hearing, the defendant, through counsel, asked for a Deferred Judgment on each of the five other counts. He argued he had admitted his actions, took corrective steps, completed therapy and apologized to anyone who would listen. The Defendant also asked the Court to sentence him to pay a fine only and not enter a prison sentence (even if suspended) as to the one Count. He agreed a two year probation term on the deferred judgements was acceptable. The State argued that although the defendant had admitted his actions, he had done so after the devastation to the campaign of Teresa Greenfield had already occurred. The State argued the defendant should not get to wipe this from his record when Ms. Greenfield will never be able to do that. The State asked for a suspended sentence, sentencing the defendant to two (2) years in prison, but suspending that sentence and placing him on probation in addition to the statutorily mandated fine. The Defendant himself made a statement to the Court, again apologizing for his actions. The Court entered judgement against the Defendant as to one count of Tampering with Records, as was the agreement. He sentenced the defendant to two (2) years in prison and suspended the sentence. He ordered the defendant to pay a fine of $650 plus 35% surcharge. He accepted the defendant’s request for a Deferred Judgment as to each of the other five counts, citing the positive steps he has taken since committing the offense. The defendant is required to pay a civil penalty of $650 on each of the other five counts. In addition, the defendant is required to make any restitution to Ms. Greenfield, complete 40 hours of community service and report to his probation officer as frequently as the department of corrections deems appropriate.
On February 21, 2020 Christian Slaughter appeared in FECR327743 and entered a plea of guilty to 3 counts of Serious Injury by Vehicle by Reckless Driving. He admitted he was speeding and traveling the wrong direction into oncoming traffic. He struck two vehicles which were occupied by three people and a dog. The collision caused each occupant of the vehicles to sustain serious injury and resulted in the death of the dog. Pursuant to the plea agreement, the defendant agreed to have his bond forfeited and to be taken into custody. He will remain in custody until his sentencing date on April 2.
On February 25, 2020, Christopher Reise appeared in FECR328565 and OWOM087940 for sentencing. The Defendant previously pled guilty to four counts of Operating a Motor Vehicle While under the Influence of a Controlled Substance causing Serious Injury, OWI 2nd offense and Possession of Heroin. The Defendant admitted he used heroin in March, 2018 and drove, striking the vehicle occupied by five teens, four of whom were seriously injured. Between the time of that offense and another offense in November, 2018, the defendant had been released on bond. He returned to the use of illegal substances and was again stopped for driving on the highway under the influence of a controlled substance and was in possession of heroin at the time. The Court revoked his bond at that time and he has remained in jail since then. At sentencing, one of the victims and the family members of the victims made victim impact statements. The Defendant apologized and accepted responsibility for his actions in his sentence him to the maximum, running each offense consecutive to each other. The Court considered the defendant’s history, substance abuse and mental health issues. The Court citing the separate offenses and the separate victims and ran the four serious injury counts consecutive to each other, the OWI and possession concurrent to each other but consecutive to the other four. The defendant was sentenced to a total period of incarceration not to exceed 22 years.
On February 25, 2020 Christopher Ray Midthun appeared for sentencing for the crimes of Possession of a Controlled Substance with Intent to Deliver, a Class B Felony; and Possession of a Controlled Substance, Third Offense, a Class D Felony in Case Nos. FECR330983 and FECR333569. The Polk County District Court sentenced the defendant to prison for a term not to exceed 30 years. The defendant must serve one-third of the first twenty-five years of his sentence prior to becoming eligible for parole. Additionally, this 30 year sentence was ordered to be served consecutive to the defendant’s preexisting parole matters. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
On February 26, 2020, Raife Kubal appeared in FECR326792 and entered a plea of guilty to several offenses. He pled guilty to Theft in the 2nd Degree, admitting he possessed property he knew was stolen and the property had a value in excess of $1500. He also admitted he committed the offenses of Attempted Burglary 3rd Degree, Operating a Motor Vehicle Without Owners Consent, three offenses of Eluding and Criminal Mischief in the 4th Degree. The Defendant will remain in custody pending sentencing in this case which is scheduled for April 8, 2020.
On February 26, 2020, John Vaughn appeared in FECR331391 and SRCR331472 for sentencing. He previously pled guilty to the offenses of Burglary in the 3rd Degree, two counts, Possession of Burglars tools, criminal mischief in the 4th degree and possession of methamphetamine, 2nd offense. The Defendant, contrary to the plea agreement and through his attorney, requested a Deferred Judgment on one of the felonies. The State pointed out the agreement of the parties as entered into at the time of the plea. The Court adopted the plea agreement and adjudged the defendant guilty of all offenses, sentenced the defendant to a period of incarceration not to exceed ten (10) years (running the two burglaries consecutive to each other but the remaining offenses concurrent), suspended the sentenced and placed him on probation for two (2) years with certain conditions, including that he reside at the Fort Des Moines facility.
On February 26, 2020 Neal Rodenkirk appeared and entered a plea of guilty to Criminal Mischief in the 3rd Degree. He was granted a deferred judgment and placed on probation for two (2) years. He is required to participate in substance abuse treatment, complete anger management programming, pay fines and costs and abide by a No Contact Order.
On February 26, 2020 Melonie Mahfouz was granted a suspended five (5) year sentence in FECR309541 on the charge of Forgery. She will be on probation for three (3) years and will be required to make restitution as well as comply with mental health and substance abuse treatment recommendations.