Attorney’s Office

OWI Report (March 2019)

ONE HUNDRED FORTY-FIVE DEFENDANTS SENTENCED FOR OWI THE MONTH OF MARCH 2019

One hundred forty-five defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of March 2019.

Ninety-four 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: 

Jaime Allpress, (REF); Cristi Anderson, (REF); Clinton Anderson, (REF); Van Bell, (DRE); Bryan Bielfelt, (0.195/DRE); Corey Bisgard, (0.145); Adhij Biswa, (REF); Alban Blot, (0.225); Maren Braaksma, (0.193); Zachary Bury, (0.242); Austin Cameron, (0.275); Michael Campisi, (REF); Noah Carr, (0.199); Jacob Cauthorn, (REF); Bruce Chantler, (0.164); Anthony Clark, (REF); Johnathan Colton, (0.132); Alexander Cosby, (0.169); Brandi Creighton, (REF); Jessica Cubbage, (0.083/DRE); Eric Curley, (DRE); Taylor Dalby, (REF); Bryan Davis, (REF); Westley Dickerson, (0.153); Dalton Dingman, (0.255); Thoi Dinh, (0.122); John Dorale, (0.123); Dawson Farnham, (REF); Fella Fella, (0.174); Erin Fischer, (REF); Jonathan Fletcher, (REF); Felipe Garcia, (0.231); Cody Gearheart, (REF); Jennifer German, (REF); Thomas Goff, (0.193); Kyle Goodwin, (0.121); Jeffrey Grittman, (0.12); Nathan Hansen, (REF); Rachel Harrison, (0.117); Raymond Hiracheta, (REF); Deborah Israel, (DRE); Lucas Jackson, (REF); Marko Jocic, (REF); Reba Joshua, (0.162); Kevin Kibby, (REF); Shannon King, (REF); Taylor Klocke, (DRE); Aimee Lacava, (0.204); Rachel Lee, (0.204); Heather Mapes, (REF); Tiffany McCauley, (REF); Scott McDaniel, (0.325); Valerie McFadden, (REF); Nicholas Meadows, (DRE); Octavio Medina Alvarez, (0.14); Makayla Mihalakis, (0.112); Dean Moberg, (REF); Hugo Monzon, (REF); Maxwell Moyle, (0.213); Kelly Mueller, (0.132); Zane Muntz, (0.116); Ethan Nelson, (DRE); Kevin Olan, (0.122); Lafayette Owens, (REF); Samuel Paye, (0.096); Drew Peppers, (0.164); Julio Reyes, (DRE); Afton Rife, (0.146); Ryan Rinnan, (REF); Duhran Sadler, (REF); Andrew Schmitt, (0.173); Jessica Schultz, (0.154); Matthew Scieszinski, (REF); Gil Semprini, (0.169); Gil Semprini, (REF); Mindy Sheeley, (0.12); Jeremiah Sigler, (0.086); Corey Simpson, (REF); Taylor Smith, (0.117); Alyssa Smith, (0.171); Maria Stech, (0.275); Brandi Stepanek, (0.187); Timothy Stewart, (REF); Dean Sweeney, (REF); Gerald Thompson, (REF); Seth Timmer, (REF); Alem Toric, (REF); Keely Tyler, (0.157); Armando Valenzuela, (REF); David Vaughan, (0.182); Nancy Wadsworth, (0.2); Jordan Webb, (REF); Daniel Wiersum, (0.214); Kathryn Zaffiro, (0.13).

Of those defendants sentenced for OWI First Offense this report, twenty-seven had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .086 and the high test was .325 (more than FOUR times the legal limit). Seven defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and thrty-nine refused chemical testing (denoted by “REF”).

Forty-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:

Vincent Ankton, (REF); Nickolas Burdock, (0.223); Aaron Canney, (0.277); Manuel Carrera Fernandez, (0.143); Chase Conover, (0.088); Mason Crabbs, (0.147); Sara Duncan, (REF); Floyd Ezell, (DRE); James Fillmore, (0.135); Juan Garcia, (REF); Byron Garcia Valdez, (0.167); Eric Hawbaker, (0.177); Andrew Hraha, (0.21); Christopher Jones, (REF); Hajrudin Kapetanovic, (REF); Paul Latare, (0.194); Jefferson Lopez, (0.274); Nastassja Lund, (REF); Paul Lundgren, (0.129); Franky McMillian, (.121/DRE); John Mertz, (REF); Ronald Mill, (0.116); Nicholas Miller, (0.2); Harold Moffit, (REF); Jason Niss, (0.16); Antowyne Osborne, (0.163); Antowyne Osborne, (REF); Anthony Poppen, (REF); Craig Quick, (0.164); Gary Rogers, (0.138); Todd Rutherford, (0.085/DRE); Kenadee Schnuelle, (0.189); John Schuhmacher, (0.21); Brandee Thompson, (REF); Khom Trinh, (0.095); Alison Walding, (0.214); Jaimi Webb, (REF); Doris Weindel, (0.157); Chad Welch, (REF); Thomas Williams, (0.217); Zenoba Winters, (REF); Donald Wittenberg, (REF); Stephanie Young, (REF).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.088 to a high of 0.277 (more than THREE times the legal limit). Sixteen of these defendants refused the chemical test.

There were eight 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: 

Jeremy Amerison Smith, (0.219); Jose De Jesus Bautista Pastor, (0.189); Michael Bell, (REF); Jacob Fuller, (REF); Camron Heitkamp, (0.137); Eric Michelberger, (0.188); Eric Michelberger, (REF); Jacob  Verhelst, (0.171).

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 March 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: 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