One hundred thirty-nine defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of May 2018.
One hundred eleven 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:
Cesar Aguilar, (REF); Brian Alonzo Castro, (REF); Stephanie Anania, (0.137); Heather Anderson, (0.086); Robert Anderson, (0.135); Alex Ataw, (0.112); Toyi Athanase, (0.221); Matthew Barber, (0.143); Michael Beal, (0.164); Shawn Beckett, (0.097); Dean Berhow, (0.103); Hem Bhattarai, (0.261); Maysone Black, (REF); Austin Blackburn, (REF); Janey Boehm, (REF); Shelby Bonnette, (0.141); Steve Brown, (0.228); Anthony Burkett, (0.146); Alicia Carpenter, (0.129); James Casey, (0.16); Carlos Chavarria, (DRE); Sherry Cleland, (REF); Anna Cole, (REF); James Conner, (0.179); James Cowie, (REF); Damon Davis, (0.184); Kole Delk, (0.125); Christopher Dennis, (REF); Mandy Devore, (0.158); Deng Gai, (0.344); Viveros Garcia, (REF); Graham Graber, (0.132); Amila Gradascevic Djuric, (0.256); Gisela Guerrero, (0.182); Malisa Gutierrez, (DRE); Marc Hamilton, (REF); Kristina Hatch, (0.23); Tanisha Hayes, (REF); Cristhian Hernandez Burgos, (REF); Cory Hickman, (REF); Shannon Hoffman, (0.236); Travis Hon, (0.163); Bruce Honadel, (0.176); Brandon Honeyman, (0.181); Admir Isakovic, (DRE); Phillip Isbell, (REF); Tara Jarrett, (0.163); Robert Jesmer, (REF); Daniel Johannesen, (0.183); Mark Kennedy, (REF); Lisa Kraft, (0.181); John Kubrak, (0.11); Christian Lallianmawia, (0.256); Justin Lehman, (DRE); Elizabeth Letessa, (0.32); Liem Lieu, (0.179); Michael Lillegraven, (0.155); Roy Lindsay, (REF); Thomas Lloyd, (0.086); Cody Lundberg, (.090); Ryan Macrae, (0.199); James Madison, (0.157); Andres Marin, (DRE); Macenzie Martin, (0.113); William Martin, (0.167); Alvaro Martinez, (0.21); Taylor McCarty, (0.148); Jason McCollum, (REF); Gay Mu, (0.225); Teigan Myers, (0.124); Tonya Oetken, (0.132); Lauren Olaby, (0.122); Chelsie Olberding, (0.115); Lopez Ortega, (REF); Nathaniel Owens, (0.166); Javier Padilla, (REF); Michael Perkins, (0.133); Brandon Persaud Marin, (0.171); Christopher Pierce, (0.126); Miguel Pintor, (0.158); James Qualls, (0.16); Jordan Reece, (0.168); Abbey Reynolds, (0.131); Elissa Roland, (REF); Charles Ryherd, (REF); Sara Sale, (0.226); Joel Salgado Cisneros, (0.193); Harrison Sanchez, (0.142); Paul Simpson, (REF); Joseph Spiewak, (0.13); Alexander Sutton, (DRE); Mary Taylor, (0.275); Alanna Teachout, (REF); Jordan Thomas, (REF); Dorothy Thompson, (DRE); Zachary Tomlinson, (0.251); Kathryn Towner, (0.085); Lemease Vanderkolk, (0.152); Jason Vandyke, (0.155); Eric Gustavo Velasquez Gomez, (REF); Goran Vojvodic, (0.132); Andrea Vollink, (REF); Kagvin Vorasith, (0.175); Messina Warning, (REF); Ariel Waterson, (0.164); Gary Wessel, (REF); Heather White, (0.258); Dustin Wipf, (0.123); Caitlyn Wood, (0.14); Fares Yahya, (0.167); and Shaina Zachery, (REF).
Of those defendants sentenced for OWI First Offense this report, thirty-eight 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 .344 (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 twenty-nine refused chemical testing (denoted by “REF”).
Twenty-five 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:
Christopher Callahan, (REF); David Calo, (0.208); Sara Dainty, (0.137); Francisco DeSantiago, (0.151); Christopher Fiddelke, (REF); James Flores, (REF); Alexandra Foshe Quijano, (0.229); Evelyn Gill, (REF); Bradley Gray, (REF); Phillip Griffith, (REF); Dustin Hayes, (REF); Jimmie Jackson, (REF); Francisco Jimenez, (REF); Philip Johnson, (0.094); Blane Kitzman, (REF); Matthew Kobashigawa, (REF); Eric Lovelady, (0.249); Lawrence McGregory, (REF); Dale Rinderman, (0.217); Jamie Sorensen, (0.193); Lucas Titus, (0.316); Amanda Vanpelt, (0.208); Dustin Vanryswyk, (0.117); Mariruth Wheels, (0.131); and Daniel Yeager, (0.17).
Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.094 to a high of 0.316 (more than THREE times the legal limit). Nine of these defendants refused the chemical test.
There were three 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:
Melanie Holman, (0.107); Lee Jorgenson, (REF); and Eric Stanton, (0.15).
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 May 2018, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Maurice Curry, Kailyn Heston, and Jordan Roling, and the support staff responsible for assisting were: Megan Carter, Melanie Lumley, Chelsey Wilson, and Erica Zimmerman.