OWI Report (August 2019)
ONE HUNDRED TWENTY-THREE DEFENDANTS SENTENCED FOR OWI THE MONTH OF AUGUST 2019
One hundred twenty-three defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of August 2019.
Eighty-seven 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:
Dustin Adams, (DRE); Andiriyas Adum, (REF); Austin Anthony, (0.173); Jesus Aparicio Martinez, (0.154); Ryan Baber, (REF); Kristeen Baerenwald, (0.238); Philip Barber, (DRE); Ronnell Beechum, (DRE); Tatum Bell, (0.143); Timothy Bianchi, (0.093); Surfun Boens, (REF); Kari Borg, (DRE); Benjamin Braafhart, (0.362); Kathrine Brown, (DRE); Markel Buford, (0.228); Patrick Caffrey, (REF); Jacoby Clingman, (0.115); Taylor Cook, (DRE); Sarah Decker, (0.226); Samira Delgado, (0.191); Jessica Doorenbos, (0.174); Dustin Douglass, (0.226); Brittany Dudley, (0.203); Michelle Edwards, (0.176); Nonso Enujiofor, (REF); Shawn Fagen, (0.158); Shawn Fagen, (0.158); John Gallardo, (REF); Anthony Gardner, (DRE); Stephen Hewitt, (0.136); Savon Hill, (0.192); Robert Hitch, (REF); Abby Jeffries, (0.14); Zachary Johnson, (0.11); Trisha Keating, (0.258); Jon Krambeer, (0.151); Tin Kyaw, (0.203); Alec Larson, (0.11); Chelsea Lewis, (REF); Van Lian, (0.229); Eduardo Lopez, (REF); Larissa Lopez, (REF); Say Lovan, (REF); Keith Lucas, (0.134); Ibrahim Lugendo, (0.153); Joseph Luna, (0.302); Brenda Lundgren, (0.209); Samantha Magill, (0.214); Brian Marshall, (0.247); Kevin Martens, (0.211); Menson Martin, (0.004/DRE); Hunter Martin, (0.094); Tyler Mason, (REF); Brandy Mauk, (0.115); Hector Mercado Lopez, (REF); Dale Mercer, (0.193); Elaine Meyers, (0.117); Jennifer Miller, (0.169); Mark Moffitt, (DRE); Michael Morgan, (0.171); Ronald Morgan, (0.172); Daniel Morrow, (0.194); Alyssa Nichols, (0.137); Kojo Otchere Badu, (0.229); Gabe Palmer, (REF); Alaysia Poole, (0.13); Samantha Ragsdale, (0.115); Kenneth Richards, (0.274/DRE); Rebecca Richardson, (DRE); Harvey Ricks, (REF); Breanna Rivas-sandoval, (0.21); Joel Ryan, (0.125); Joshua Shirbroun, (0.141); Joshua Shyman, (0.183); Tyler Smith, (0.116); Katie Smuck, (0.137); David Solomon, (REF); Maxwell Stabenow, (0.139); Laura Stegemann, (0.171); David Stifel, (0.189); Ashley Thompson, (0.141); Teana Towne, (0.228); Michael Trueblood, (REF); Luke Wilson, (0.132); Matthew Winter, (0.338); Taysha Woods, (0.248); Margarita Zepeda, (REF).
Of those defendants sentenced for OWI First Offense this report, thirty-six had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .093 and the high test was .362 (more than FOUR times the legal limit). Nine defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and seventeen refused chemical testing (denoted by “REF”).
Thirty-one 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); Abel Andrade, (0.126); David Angen, (REF); Sara Blaess, (0.166); Jonathan Butler, (DRE); Annie Creighton, (REF); Mathew Ditto, (0.211); Dylan Duvall, (0.231); Wayne Goodwin, (0.159); Elizabeth Granja, (0.1); Joy Gullett, (0.125); Sabrina Hayes, (REF); Karan Hodge, (REF); Stephanie Houghton, (REF); Sarah Judge, (REF); Joel Konen, (0.122); Henry Llevano Segovia , (0.226); Kayla Lovanh, (REF); Morgan McGuiness, (DRE); Christopher McKee, (0.241); Ryan McMahon, (0.177); Deanna Mcnamara, (0.166); Joshua McNew, (DRE); David Ott, (0.128); Dustin Perez, (0.221); Donna Potter, (0.177); Breanna Rivas-sandoval, (0.183); Ricky Roberts, (REF); Davon Smith, (0.111); Blaine Tuttle, (0.191); Kenneth Williams, (0.199).
Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.100 to a high of 0.241 (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:
David Dedmond, (REF); Alan Diaz, (DRE); Franklin Harris, (0.131); Gene McDade, (0.175); Donell Mustin, (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 August 2019, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Kate Clark, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Josh Schuhardt, Cheyanne Wallace, and Chelsey Wilson.