Felony Case Summary (September 2019)
On September 3, 2019 James Frederick Hunter appeared for sentencing in Case No. SRCR324315 for the crime of Possession of a Controlled Substance as a Habitual Offender. The Polk County District Court sentenced the defendant to prison for a term not to exceed 15 years consecutive to parole matters. The defendant must serve at least three years in prison prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.
On Sept. 9, 2019, Rahsaan Camp appeared in AGCR323842 and entered a plea of guilty, admitted he was driving a motor vehicle in Des Moines, Iowa when he was being pursued by a uniformed police officer in a marked patrol car with lights and sirens. He failed to stop and exceeded the speed limit by more than 25 miles per hour over the speed limit. He was also under the influence of an illegal controlled substance at the time. Further, he admitted that he had twice before been convicted of felony offenses, including Robbery in the 1st Degree and Domestic Abuse Assault Third Offense. The Court sentenced him to a period of incarceration for the offenses of Eluding as an habitual offender and OWI 1st Offense not to exceed fifteen (15) years and one (1) year respectively. The parties agreed those sentences should be suspended and the defendant should have the opportunity for probation. He will be required to obtain a substance abuse evaluation and maintain full time employment as a condition of his probation, as well as any other requirements imposed by the Department of Corrections.
On September 11, 2019, Tyvon Simms appeared in FECR324693 and pled guilty to Theft in the 2nd Degree. He admitted he wrote checks on his bank account knowing the check would not be honored when presented because he knew he had insufficient funds in his account to meet the amounts of the checks. The Defendant will be sentenced on October 30, 2019.
On September 11, 2019, Marty Deckert appeared in FECR327249 and entered a pela of guilty to Eluding and Operating While Intoxicated. The Defendant admitted he was intoxicated on alcohol and driving a motor vehicle. When a uniformed police officer attempted to stop him in a marked patrol car with lights and sirens, the defendant ailed to stop and tried to outrun the officer, traveling at speeds in excess of 25 mph over the speed limit. He will be sentenced October 30, 2019.
On September 12, 2019, Kellie Knapp plead guilty to the crimes of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, and Failure to Possess a Tax Stamp, a Class D felony, in case number FE325963. She will be sentenced on October 28, 2019 at 10:00 am and faces a maximum term of incarceration not to exceed ten (10) years and five (5) years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.
On September 16, 2019 Daniel Leroy Green appeared for a probation hearing in Case No. FECR314896. The defendant was on probation for the crimes of Possession of a Controlled Substance as a Habitual Offender and Eluding, 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 20 years. The defendant must serve at least three years before he can become eligible for parole. This case was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.
On September 17, 2019 Madisyn Sue Hansen appeared for sentencing for the crimes of Possession of a Controlled Substance with Intent to Deliver, a Class C Felony; Tax Stamp Violation, a Class D Felony; and Theft of a Motor Vehicle, a Class D Felony. The Polk County District Court sentenced the defendant to prison for a term not to exceed 10 years. This case was prosecuted by the Polk County Attorney's Office Drug and Gang and Major Offense Bureaus.
On September 23, 2019, Angelia Duff appeared in FECR326120 and entered a plea of guilty to the charge of Fraudulent Practice in the First Degree. She admitted she misrepresented her employment when claiming unemployment compensation and received over $10,000 from the State to which she was not entitled. She will be sentenced in November.
On September 23, 2019, Andrew Cameron Edwards appeared in FECR323377 and entered a plea of guilty to Serious Injury by Vehicle by Reckless Driving. He admitted he turned in front of another vehicle, failing to yield the right of way, and struck another vehicle, which caused a serious injury to the driver of that vehicle, specifically, a cut which required 10 stitches and a fractured sternum. He also pled guilty to public intoxication in SMAC383869. He admitted he appeared in Court on August 21, 2019 (when he was to plea to the above referenced incident) and had been drinking and was legally intoxicated. He will be sentenced November 6. He will remain in jail pending sentence as part of the plea agreement.
On September 23, 2019, Patrick Day appeared in FECR327018 and admitted he broke into or entered an occupied structure without any authority with the intent to commit a theft therefrom, a Burglary in the 3rd Degree. He also admitted in AGCR328925, that he drove a motor vehicle without the permission of the owner. Finally, he admitted he used a credit card which did not belong to him to make purchases to which he was not entitled, with a value less than $1500 in AGCR330280. He will be sentenced on those matters on November 13.
On September 23, 2019, Trevon Phillips appeared in FECR328375 and entered a plea of guilty to the charge of Failing to Comply with the Sex Offender Registry, 2nd or Subsequent Offense. He admitted he got “side tracked” and forgot to register his vehicle with the State Sex Offender Registry. He will be sentenced November 9, 2019.
On September 24, 2019, Charles Hunter Everman appeared in Court in FECR323333 for sentencing on the charges of Vehicular Homicide by Reckless Driving and Serious Injury by Vehicle-Reckless Driving. The Defendant previously pled guilty to those offenses and admitted he drove his vehicle in a reckless manner by speeding over 70 mph in a 35 mile an hour zone during rush hour at an Ankeny intersection in the rain. He failed to successfully navigate through traffic and struck a vehicle driven by Samantha Kriegel, who was killed. Everman’s passenger, Ellie Martens was seriously injured due of his actions, suffering injuries to her vertebrae, which had to be fused.
The Court conducted a sentencing hearing before entering judgment against the defendant. In support of his request for a deferred judgment, the defendant submitted 11 letters of support and made a statement to the Court expressing his remorse and outlining his plans for the future. He asked the Court to give him a chance to prove he is worth a second chance. A deferred judgment is a non-conviction and allows the defendant to have the charge removed from his criminal record if he is successful on probation. The State, represented by Jaki Livingston, argued to the Court the defendant should have a meaningful opportunity for a future, but the fact that he took a life should never be erased from his record. The State asked the Court to enter a conviction against the defendant for the offenses. The Department of Correctional Services completed an investigation as they are mandated to do under the law. DCS recommended to the Court that the defendant be given the opportunity for probation, citing his lack of criminal history, his family support and his employment.
The parties agreed at the time of the plea the two sentences, a Class C Felony and a Class D Felony, would run concurrent to each. Ellie Martens is the girlfriend of the defendant and conveyed to both parties that she did not want to be a part of the criminal case against the defendant. In consideration of her wishes, the State would not agree to dismiss the charge but would agree to recommend the sentences for the two offenses run concurrent to each other. Additionally, the State agreed to not argue for imprisonment.
The Court considered the statement of the defendant, the letters of support and the argument of his counsel. The Court also heard victim impact statements from the mother, father and two sisters of the deceased and considered the arguments of the State. The Court weighed the factors he is required to consider and determined that although the defendant is young and has no prior criminal, or even traffic, history, he acted recklessly and took the life of another person and seriously injured his girlfriend. The Court entered judgment against the defendant and sentenced him to a period of incarceration not to exceed ten (10) years on the charge of Vehicular Homicide by Reckless Driving and five (5) years on the charge of Serious Injury by Vehicle-Reckless Driving, concurrent to each other. The Court suspended the sentences and placed the defendant on probation for three (3) years with the requirements that he obtain a mental health evaluation and comply with any recommended treatment and maintain full time employment. He is required to pay fines of $1000 and $750 plus a 35% surcharge for each fine. He is required to pay the City of Ankeny $8823.00 for the destruction of a fire hydrant and the victim’s heirs $150,000.00. As a result of the conviction, the Department of Transportation will revoke the defendant’s driving privileges for two (2) years.
On September 26, 2019 Leo Tracey Cowles appeared for a combined probation disposition and sentencing proceeding in Case Nos. SRCR309999 and FECR318795 for the crimes of Possession of a Controlled Substance, Third Offense, a Class D Felony and Possession of a Controlled Substance as a Habitual Offender, respectively. The Polk County District Court sentenced this defendant to a prison term not to exceed 20 years. The defendant must serve at least three years in prison before he can become eligible for parole. This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.