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OWI Report (February 2020)

ONE HUNDRED TWENTY DEFENDANTS SENTENCED FOR OWI THE MONTH OF FEBRUARY 2020

One hundred twenty defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of February 2020.

Ninety-one 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: 

Joshua Adams, (0.098); Stephen Allen, (REF); Joshua Appenzeller, (0.12); Edwin Asencio Godoy, (REF); Wilver Ayala Flores, (0.136); Dylan Benischek, (0.093); Ivan Betancourt, (0.133); John Blecker, (0.178); Richard Brosofski, (REF); Nathan Brown, (0.13); Cristina Castro Garcia, (REF); Tika Clark, (0.154); Robert Cort, (0.139); Samantha Cretsinger, (REF); Nathun Crist, (0.31); Heath Dannen, (0.196); Allisen Deist, (0.212); Mackenzie Dreeszen, (0.386); Andrea Fant, (REF); Alexander Felix Gomez, (0.152); Jed Findlay, (0.151); Joshua Fox, (0.103); Jacob Frahm, (0.169); Joseph Free, (REF); James Gardner, (REF); Charles Garrett, (0.161); Kim Gatdet, (0.232); Joseph Gazzo, (DRE); Tony Goldman, (0.149); Charlotte Gordon, (REF); Daniel Gorman, (0.15); Ethan Hanna, (DRE); Troy Harsh, (0.304); Zachary Henderson, (0.217); Tanner Hennings, (0.218); Guillermo Hernandez Baltazar, (0.109); Tara Hollander, (0.19); Tyler Hughes, (0.209); Tawnia June, (REF); Justin Kaltved, (REF); Matthew Kaster, (0.178); Allen Killings, (0.118); Payton Klinger, (0.25); Kerrick Kuder, (REF); Dierdre Large, (0.175); Benjamin Larson, (0.154); Sangam Limbu, (0.216); Harrison Livingston, (REF); James Lynch, (REF); William March, (0.236); Caroline Marin, (0.117); Betty Marxen, (0.133); Niki Mcclain, (0.183); Michelle Mcgovern, (0.097); Heather Minard, (0.263); Jesse Moore, (0.165); Artis Moore, (REF); Michelle Moorehead, (0.117); Paula Muchmore, (0.209); Richard Nagbe, (REF); Michael Nardini, (0.113); Jaron Nash, (REF); Tonya Nichols, (REF); Andrew Pauley, (0.114); Juan Peralta Prieto, (0.116); Juan Peralta Prieto, (0.134); Kham Phommaxaysy, (0.223); Tobias Pinczer, (0.157); Phillip Ray, (REF); Pamela Reynolds, (REF); Danelle Rice-west, (0.107); Haley Robinson, (REF); Tyler Ronek, (0.197); Harold Salsberry, (0.138); Kurtis Sandre, (0.099); Josie Schrad, (0.178); Brittany Smith, (REF); Hunter Sorenson, (0.171); Adam Steffensmeier, (0.26); Jebediah Stumpf, (DRE); Christopher Sutter, (REF); Kyle Torkelson, (REF); Thomas Tuel, (0.133); Frank Uhlman, (0.19); Zachary Vanderah, (0.187); Nicholas Vasey, (0.161); Joshua Walker, (0.169); Rachel Walters, (0.118); Connor Wineland, (0.119); Amanda Wirt, (REF); Yongyouth Xayabath, (0.126).

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 .093 and the high test was .386 (more than FOUR times the legal limit). Three defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and twenty-five 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:

Marilyn Ackelson, (0.151); Laura Barger, (0.191); Michael Browder, (0.14); Jessica Clark, (0.177); Michelle Doheny, (0.144); Sharon Feeley, (REF); Stephen Froscheiser, (REF); Erick Herrera, (REF); Samuel Holland, (REF); William Hunter, (0.131); Melinda Johnson, (0.252); Michael Keller, (0.141); Travis Kipp, (0.133); Antonio Lopez, (0.22); Kasey McDowell, (0.104); Kevin Olan, (0.096); Bileha Ramazani, (REF); Jeffery Robinson, (0.129); Evan Sersland, (0.25); Matthew Seyfang, (0.176); Kevin Tye, (REF); Jennifer Villegas, (REF); Tina Walker, (0.29); Christopher West, (REF); Joshua Willoughby, (REF).

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 0.290 (more than THREE times the legal limit). Nine of these defendants refused the chemical test.

There were four 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: 

Eric Barker, (REF); Timothy Frederick, (0.183); Javier Pimentel, (0.155); Phillip Wheeler, (0.115).

Attorneys assigned to the Intake and Screening Bureau of Polk County Attorney John Sarcone’s Office prosecuted these cases. For the month of February 2020, 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.