One hundred forty-two defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of October 2017.
One hundred 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:
Randy Aburto, (0.156); Guillermo Anaya Diaz, (0.133); Brian Andrew, (0.167); Edward Bagley, (REF); Kenneth Bailey, (REF); Kailey Bueker, (0.142); Zachary Capps, (0.205); Fahid Chaudhry, (0.14); Jared Clausen, (0.258); Juan Cruz, (0.347); Jared De Groot, (REF); Catherine Dillard, (DRE); John Dougherty, (DRE); Hei Dun, (REF); Ryan Findley, (REF); Dileana Fleming Perez, (0.206); John Formaro, (0.097); Samuel Fristo, (0.204); Adeng Garang, (REF); Krista Garcia, (0.128); Jebadiah Gardner, (0.168); Lidia Gasca, (0.157); Donald Geiger, (0.181); Tyler Gerstenberger, (REF); Daniel Godron, (0.158); Christopher Gomez Alvarado, (0.106); Nicholas Goodman, (N/A); Shannon Goodwin, (0.212); Matthew Gourd, (REF); Giles Grenell, (DRE); Raul Guitron Galvan, (REF); Jacquelyn Hart, (0.098); Kevin Harvey, (0.188); Christine Hatfield, (REF); Marvin Haygood, (DRE); Robert Heffernen, (0.269); Steven Hinrichsen, (REF); Noelle Howard, (0.153); Kristen Humbach, (0.223); Brian Imhoff, (0.117); Trevor Ingram, (REF); Thomas Jackson, (0.289); Christopher Johnson, (0.233); Alfred Johnson, (0.148); Karaline Johnson, (0.175); Christopher Jones, (REF); Aristus Jung, (0.155); Angel King, (0.138); Michael Klonglan, (0.18); Maung Kway, (0.221); Chloe Labounty, (0.202); Jeffrey Leporte, (0.128); Justin Liston, (REF); Kataly Luangsiyotha, (0.13); Nicholas Mallory, (0.123); Chantry Mann, (0.186); Hector Martinez Lobo, (REF); Bernardo Mata, (0.179); Lisa Matson, (0.188); C Lal Rin Mawia, (0.267); John McClain, (0.197); Clinton McElwee, (0.084); Leroy McFadden, (DRE); James Mech, (0.091); Katy Miller, (0.18); Michael Moreno, (REF); Victor Moreno Martinez, (DRE); Sean Murphy, (REF); Elvedin Music, (REF); Senad Musinovic, (REF); Kevin Nachtigal, (REF); Jessica Nelson, (0.142); Rodney O'Hara, (0.139); Bradley O'Hollearn, (DRE); John O'Neil, (0.208); Jeffrey Overman, (DRE); Ajdin Ramic, (0.341); Malachi Reed, (0.263); Nicole Ripperger, (0.149); Charles Ronayne, (0.147); Robert Schlagel, (0.253); Maegen Schoon-McCleary, (0.201); Corena Shepherd, (DRE); Marshelle Smith, (REF); Connor Springer, (0.161); Samuel Stickley, (0.138); Jeffrey Sunseri, (0.144); Karam Tamimi, (0.204); Onterio Taylor, (REF); Kenton Tennal, (0.133); Andrew Tenney, (0.119); Henry Torres, (REF); Kyaw Tun, (REF); Brandon Turner, (0.139); Marcus Untrauer, (0.184); Robert Vangundy, (REF); Sergio Villalobos-Ramos, (REF); Jose Villarreal Chaidez, (REF); Cole Wadsworth, (REF); Kristopher Watson, (0.094); Joshua Wheeler, (REF); Mary Wiemers, (0.135); Andrew Wilson, (REF); Kimberly Yoblonski, (REF); Raymundo Zamago, (0.195); Bradley Zeroni, (REF); Nicholas Zimmerman, (0.215).
Of those defendants sentenced for OWI First Offense this report, thirty-seven had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .084 and the high test was .347 (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 thirty refused chemical testing (denoted by “REF”).
Twenty-nine 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:
Alan Adams, (0.169); Ahmed Ahmed Musa, (0.207); Dale Anson II, (0.152); Lung Bawi, (REF); Carmen Blake, (REF); Levi Cameron, (REF); Scott Crabb, (0.158); Moses Darboh, (0.128); David Dermody, (REF); Courtney Dettmer, (REF); Kellin Fiel, (0.112); Xavier Granados Gomez, (REF); Danielle Green, (REF); Christopher Griffin, (REF); Jaymond Imming, (0.147); Carlos Martinez Hernandez, (0.229); Melyssa Mercer, (REF); Courtney Niehaus, (REF); Jacob Olson, (DRE); Tim Quang, (REF); Rex Rhiner, (0.178); Joshua Roberts, (REF); Michael Ryan, (0.174); Angel Simmons, (REF); Matthew Smith, (0.111); Leonard Tatum, (0.081); Marliz Vega, (0.228); Heidi Vokes, (0.215); Danielle Zenor, (0.176).
Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.081 to a high of 0.229 (more than TWO times the legal limit). Thirteen of these defendants refused the chemical test.
There was one defendant 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 defendant appearing for sentencing for OWI Third Offense in this reporting period was:
Lucas Jackson, (0.175).
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 October 2017, 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.