OWI Report (December 2019)
ONE HUNDRED THIRTY DEFENDANTS SENTENCED FOR OWI THE MONTH OF DECEMBER 2019
One hundred thirty defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of December 2019.
One hundred five 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:
Taylor Abbott, (REF); Marisa Adamson, (0.261); Bita Amisi, (0.138); Bita Amisi, (0.282); Erik Andrade-yepez, (0.149); Jose Arias, (0.150
); William Aspengren, (0.188); Kelly Bailey, (0.145); John Bailey, (0.252); Jose Banegas Paz, (0.179); Daniel Banuelos, (0.131); Honorio Barragan, (0.218); Ronald Boles, (0.189); Rock Browning, (0.163); Tulla Bussu, (0.215); Trina Byles, (REF); Marcos Camargo, (REF); Ryan Campbell, (0.093); Roberto Castaneda-rubio, (0.168); Chris Cavan, (0.172); Caleb Ceretti, (0.168); Lucas Constantin, (REF); Kristina Cox, (0.187); Madison Crank, (0.085); James Cronin, (REF); Carl Cunningham, (REF); Michael Dippold, (0.225); Finan Dougherty, (0.176); Melody Dukes, (0.17); Michael Dunnick, (0.135); Antonio Esposito, (0.099); Cory Farnum, (REF); Camila Feliciano De Lima, (0.256); Katrena Fellner, (0.125); James Fischer, (0.147); Kevin Flatt, (0.231); Lei Freed, (REF); Alfredo Garcia, (0.115); Alfredo Garcia, (0.121); Amanda Gibbons, (0.169); Michael Greif, (REF); Mustafa Hadzic, (0.185); Brendalen Haley, (0.141); Tyler Hall, (0.152); Troy Harding, (REF); Anna Hardt, (0.321); Dustin Hart, (0.118); La Hathi Thompson, (0.101); Darren Helm, (0.198); Manuel Hernandez-santillan, (REF); Victoria Hesser, (DRE); Brian Hoff, (0.108); Dina Hollister, (0.15); Henry Jimenez, (0.174); Jordan Johnson, (0.305); Adam Kehrwald, (REF); Elizabeth Kiley, (0.205); Cassidy Lee, (0.185); Heather Lenhart, (DRE); Gary Maier, (0.204); Moises Mayoral Azuara, (0.148); Jacob McDermott, (DRE); Travis Mcelvain, (0.159); Nolongsuck Mekdala, (0.13); Charles Miller, (0.093); Douglas Miller, (0.2); Demarko Moore, (0.204); Jonathan Munezero, (0.166); Marco Naranjo Tello, (0.133); Bradley Obermeier, (0.23); Monica Ortega, (0.132); Carly Pastwa, (0.223); Gregory Pender, (0.124); Anthony Perez, (0.202); Carlos Perez Lastra, (0.167); Dylan Petersen, (0.134); Cynthia Peterson, (REF); Kara Pick, (0.161); Angela Potter Davis, (REF); Daniel Prokop, (0.118); Deisy Raygoza Hernandez, (0.165); Charles Reiser, (REF); Alexander Ricard, (0.181); Michael Richardson, (0.27); Kevin Rivera, (0.164); Benjamin Rogers, (0.177); Morgan Samuelson, (0.102); Tyler Sanders, (DRE); Blake Schmitt, (0.144); Marla Schoen, (0.167); Kaleigh Sieck, (0.213); Steve Sinclair, (0.154); Jennifer Spafford, (0.151); Jeffery Strain, (0.12); Christopher Sugden, (0.239); Trey Thayer, (0.189); Diego Torres, (REF); Juan Torres Camacho, (REF); Jermall Whitmore, (DRE); Arron Whittmuss, (0.216); Stephanie Wichmann, (0.126); Mary Wilkins, (0.214); Logan Wilsey, (0.127); Arron Wittmuss, (0.251); Melissa Zeimet, (0.193).
Of those defendants sentenced for OWI First Offense this report, fifty-one had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .085 and the high test was .321 (more than FOUR times the legal limit). Five defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and seventeen refused chemical testing (denoted by “REF”).
Twenty three 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:
Carlos Alcantar Garcia, (0.17); Desmond Armentrout, (0.266); Lynn Bohn, (REF); Jose Cardenas Flores, (REF); Oscar Castro Juarez, (REF); Scott Clark, (0.203); Jerald Dilworth, (0.252); Karen Hight, (0.3); Kristen Humbach, (REF); Douglas Hunt, (0.179); Tyler Kern, (0.186); Maddison Mason, (0.271); Eric Nedved, (0.269); Amanda Pjanic, (0.122); Zachary Purdy, (0.248); Alonso Roan Villa, (0.138); Chanel Scott, (0.201); Quantrell Taylor, (REF); Henry Torres, (REF); Joel Villa Villa, (0.187); John Warner, (0.237); Lucas Weir, (0.158); Craig Zhorne, (0.243).
Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.122 to a high of 0.300 (more than THREE times the legal limit). Six of these defendants refused the chemical test.
There were two 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:
Chari Edwards, (0.234); Robert Mason, (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 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.