Attorney’s Office

OWI Report (Dec 2018)

One Hundred twenty-three DEFENDANTS SENTENCED FOR OWI THE MONTH OF December 2018

One hundred twenty-three defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of December 2018.

Ninety-one 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:  

Derek Ackley, (0.115); Caden Alsted, (0.158); Jacob Ballard, (REF); Cardale Ballentine, (REF); Torrey Berendes, (0.128); Yuba Bhandari, (0.157); Elizabeth Bird, (0.339); Adam Bostwick, (REF); Blake Braafhart, (0.274); Cameron Brueck, (REF); Corinne Bulat, (0.14); Tabatha Carlson, (0.166); Lacey Case, (REF); Garmai Daniels, (0.178); Lamar Davis, (REF); Louis Delaon Romero, (0.172); Lance Draeger, (0.134); Thomas Dunlap, (0.158); Vernon Dyer, (REF); Kaw Eh, (0.2); Whitney Eivins, (REF); Kane Fairman, (0.157); Deann Figley, (0.189/DRE); James Finn, (0.133); Marsha Freeman, (0.29); Rito Galan, (0.165); David Gallardo, (DRE); Kejuan Gibson, (REF); Guillermo Gonzalez, (0.12); Joseph Guevara, (0.18); Rafael Gutierrez Munoz, (REF); Cassondra Hand, (0.174); Malia Hansen, (0.102); Kimberly Hartje, (0.101); Levi Heard, (DRE); Shannon Hellyer, (0.114); Jennifer Hentges, (0.241); James Hernandez, (0.134); Delfino Hernandez, (0.216); Carla Hinrichs, (0.319); Nathan Hintz, (0.227); Ryan Hunter, (0.184); Jeffrey Johnson, (0.147); Dale Knoshaug, (REF); David Kolpin, (0.199); James Koul, (REF); Matthew Lambert, (REF); Sara Lehman, (0.133); Mark Lester , (REF); Mark Lester , (REF); Brooke Lincoln, (0.092); Sterling Love, (0.312); Kyler Luedeman, (0.188); Robert Magnani, (.228); Cristina Marrero, (0.218); Chase McClure, (.104); Jared Mckenna, (0.128); James Meadows, (0.334); Theodore Mills, (.052/DRE); William Morales Juarez, (0.184); Maya Moreno, (DRE); Michael Mulvania, (0.164); Veronica Murillo Jauregui, (0.137); Patrick Ndabaramiye, (0.183); Mary Nemer, (REF); Patrick Normandeau, (REF); Addison Parrish, (0.147); Nickolas Pulscher, (REF); Douglas Rebik, (REF); Robert Reese, (DRE/.138); Brian Rinehart, (0.267); Douglas Roberts, (REF); Maria Roth, (0.15); Benjamin Scharfenberg, (DRE); Casey Searby, (0.254); Nicole Shaver, (0.166); Klom Soutthisom, (0.138); Tamara Storey, (0.212); Chad Stroud, (0.161); Shawn Svoboda, (REF); Jacob Swihart, (0.176); Montez Thomas, (0.263); Abbey Thul, (0.188); Wie Toang, (REF); Alexander Tsistinas, (0.109); Nicholette Vance, (REF); Jill Vandenberg, (0.179); Brenda Vandyke, (REF); Brandon Walker, (0.194); Miles Willson, (0.164); Jorge Yanqui Campoverde, (REF).

Of those defendants sentenced for OWI First Offense this report, thirty-nine 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 .339 (more than FOUR times the legal limit). Four defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and twenty-five refused chemical testing (denoted by “REF”).

Twenty-six 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:

Cassie Barr, (REF); Javier Barron, (0.175); Michael Bell, (.055/DRE); Michael Bell, (.055/DRE); Jennifer Brown, (REF); Terry Erickson, (0.182/DRE); Bradley Fry, (0.155); Kul Gurung, (REF); Jamal Hansen, (REF); Larry Hoeppner, (DRE); Kristina Johnson, (0.313); Brian Kennedy, (0.239); Kurt Laffey, (0.259); Travis Miles, (0.196); Luis Morales, (0.196); David Nordyke, (DRE); Jocelyn Ramirez, (REF); Jimmy Sabastiano, (0.204); Matthew Smith, (DRE/0.264); Jason Tingley, (0.153); Pete Tristan, (REF); Madison Walter, (REF); Alexander Webb, (0.276/DRE); Cameron Weese, (DRE); Justin Wells, (REF); David Westmoreland, (0.188).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.153 to a high of 0.313 (more than THREE times the legal limit). Eight of these defendants refused the chemical test.

There were six 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: 

Bradley Brenizer, (0.207); Nikolas Erickson, (0.112); Gary Knickerbocker, (REF); Robert Lynch, (0.183); Cristian Miranda, (0.114); Ingeborg Sears, (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 December 2018, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Melanie Lumley, Cheyanne Wallace, and Chelsey Wilson.

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