OWI Report (September 2019)
ONE HUNDRED SIX DEFENDANTS SENTENCED FOR OWI THE MONTH OF SEPTEMBER 2019
One hundred six defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of September 2019.
Eighty-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:
Lawrence Abston, (0.175); Dale Ameigh, (REF); Amanda Andrews, (0.17); Douglas Beckman, (DRE); Terry Bidleman, (0.191); Steven Blades, (0.112); Faith Bourgeacq, (0.098); Andrew Bricker, (REF); Robert Brien, (0.139); April Brown, (0.141); David Callies, (0.159); Demitrius Carrington Patterson, (REF); Tammy Carter, (0.297); Jakeb Chiodo, (REF); Emmanuel Cordero, (0.132); Skyler Crees, (REF); Ash Darjee, (0.133); Catherine Davis, (0.131); Jamaal Dudley, (REF); Michael Enos, (REF); Denterrell Ewing-butts, (REF); Alhasan Ez Al Din, (REF); Matthew Fiene, (REF); Daniel Folkerts, (0.173); Jessica Fowler, (0.268); Brooke Francis, (0.133); Brenda Gardner, (REF); Steven Gilliland, (REF); John Gordinier, (0.195); Stephanie Gorostiague, (REF); Fatina Green, (REF); Shawna Gross, (0.191); David Haskins, (0.143); Pedro Hernandez, (0.24); Billy Hill, (0.155); Darian Huff, (.275); Kayla Hull, (0.106); Alixandria Jacob, (0.161); Kyle Jacobsen, (0.111); Gage Jenkins, (0.169); Michael Just, (0.131); Sita Karki, (DRE/.193); Jeffrey Kirby, (0.145); Andrew Lamb, (0.217); Landon Lemaster, (0.097); Zachariah Lemaster, (0.15); Douglas Lepley, (0.11); Frank Lewellen, (0.233); Steven Malmborg, (0.142); Cameron Manthei, (0.115); Jonathan Mcneal, (0.113); Ryan Moon, (0.094); Ryan Moquin, (REF); Gabriella Mora, (0.159); Geoffrey Morehead, (0.101); Shaun Nilsen, (0.187); Nicholas Olinger, (0.112); Jermonica Ollie, (0.127); Cody Ragan, (0.211); Jose Ramos Rodriguez, (0.218); Mone Ruffin, (0.169); William Sandstrom, (0.235); Jeffrey Savage, (0.213); Michael Sawyer, (DRE); Dylan Schade, (0.17); Neil Schuldt, (REF); Grace Scott, (0.252); Terreon Shabazz, (0.163); John Sims, (0.231); Kiaser Skinner, (0.273); Christopher Smith, (REF); Mateo Snadoval, (0.156); Brett Spaur, (0.142); Deanna Steinbach, (REF); Jesus Suarez Ramirez, (0.103); Rylee Thompson, (0.146); Erik Thompson, (0.197); Shanda Volker, (0.189); Brian Weatherly, (.079/DRE); Megan Weaver, (REF); Andre Wells, (0.138); Noah Whitley, (0.171); Garmai Wilson, (0.141); Lino Yobwan, (0.152); Kristian Zaldana Recinos, (0.229).
Of those defendants sentenced for OWI First Offense this report, thirty-one had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .094 and the high test was .297 (more than FOUR times the legal limit). Two defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and nineteen refused chemical testing (denoted by “REF”).
Fifteen 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:
Hillary Baustian, (0.154); Chad Christensen, (REF); Edward Davis, (DRE); Cody Devore, (0.159); Shad Dooly, (REF); Justin Graves, (REF); Devon Haynes, (0.121); Zachary Hill, (0.148); Khang Ho, (0.203); Christopher Lo, (0.212); Ashley Mikkelsen, (REF); Ryan Plew, (0.122); Mirsad Rakovic, (0.127); Steven Steward, (0.096); Brandon Waters, (0.18).
Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.096 to a high of 0.212 (more than THREE times the legal limit). Four 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:
Billie Byrd, (REF); Bizimana Ciza, (DRE/.289); Justin Jordan, (REF); Michelle Merck, (0.181); Clarence Nance, (0.206); Christian Pedersen, (0.162).
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 September 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.