OWI Report (January 2020)
One hundred thirty-nine defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of January 2020.
One hundred 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:
Neri Aldana, (0.128); Hallie Allfree, (REF); Danielle Allsup, (0.321); Danielle Allsup, (DRE); Timothy Bailey, (0.152); Sheila Baker, (0.143); Hari Basnet, (REF); Tasha Baxter, (REF); Taw Bay, (REF); Randi Beck, (REF); Andrew Bellendier, (REF); James Belloma, (0.109); Jacob Best, (0.178); David Binder, (0.119); Christopher Boles, (0.242); Michael Breen, (0.118); Tammy Brown, (0.192); Isaac Browne, (REF); Timothy Buell, (0.179); Jeffrey Burrell, (0.245); Jenith Burry, (0.151); Mark Campos, (REF); Sadina Causevic, (0.112); Lucas Christensen, (REF); Meghan Coughlon, (0.17); James Cox, (0.157); Camryn Cox, (0.206); Austin Davis, (0.147); Alexander Deboef, (0.128); Michael Delfiacco, (REF); Louis Demarco, (REF); Dianna Empey, (0.173); Andrew Erickson, (0.23); Mazin Fadl, (DRE); Adrian Flores, (0.121); Kody Gage, (0.256); Michael Gettler, (REF); Colton Graham, (0.169); Christopher Grandstaff, (DRE); Timothy Groce, (DRE); Cody Guynn, (0.231); Michael Hamm, (REF); Ethan Hanna, (DRE); Michael Hanniford, (0.088); Karinne Harmon, (0.183); Nathaniel Heileman, (0.146); Sterling Heise, (REF); Christopher Hernandez, (0.112); Cody Hill, (REF); Solomon Hmung, (0.152); Bart Hoskins, (0.155); Jacob Hoyle, (0.174); Bailey Johnson, (0.244); Heath Johnston, (0.25); Heath Johnston, (REF); Philip Kester, (REF); Marshal Kloos, (0.14); Robert Larson, (0.19); Joshua Lasday, (0.134); John Latcham, (0.175); Tatiana Legg, (0.21); Heidi Lepley, (0.129); Shelby Lilly, (0.119); Javier Lopez, (0.186); Emmanuel Mabior, (REF); Tess Markovsky, (0.154); Troy Martin, (0.358); Joseph Mbuthia, (0.121); Walter Mejias Daboin, (REF); Scott Mergen, (REF); Jeanne Messenbrink, (0.131); Frances Moline, (0.142); Brenna Moon, (REF); Jeremy Pagel, (0.182); Kristin Peters, (REF); Alexander Polanco-rivera, (0.177); Zonia Portillo-marin, (REF); Nickolas Pottenger, (0.09); John Quijano, (0.109); Igo Radic, (0.266); Casey Russo, (0.138); Anthony Schuller, (0.094); Chad Scieszinski, (0.141); Cree Slough, (0.168); Sean Sly, (REF); Herman Smith, (0.146); Alexandria Spencer, (0.142); Leslie Spieker, (0.191); Austin Staley, (0.272); Kristina Stanton, (0.128); Don Stein, (0.175); Joseph Stovall, (DRE); Emalea Strait, (0.249); Manuel Terrazas, (0.123); William Thompson, (REF); Matthew Timm, (0.195); Kate Tonsfeldt, (0.216); Jeff Vopava, (0.193); Forrest Vorwald, (0.175); Tyler Webb, (0.141); Taylor Weifenbach, (0.067); Mekenna Weiss, (0.139); Hector Ybanez, (REF); Benjamin York, (0.188); Thomas Young, (0.194).
Of those defendants sentenced for OWI First Offense this report, thirty-six had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .067 and the high test was .358 (more than FOUR times the legal limit). Six defendants were prosecuted based upon their use of drugs other than just alcohol (denoted by “DRE”) and twenty-six refused chemical testing (denoted by “REF”).
Thirty 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:
Jennifer Bartusek, (0.244); Don Benskin, (REF); Casey Brandt, (REF); Hiram Campbell, (0.22); Javier Canseco Cruz, (0.141); Ricky Conn, (REF); Kori Cunningham, (0.181); Lisa Dang, (REF); Ronald Eads, (0.245); Kaw Eh, (0.153); Paul Fitz, (REF); Sean Gainer, (0.147); Ladaro Gansch, (0.136); Jordan Graham, (DRE/.150); Caleb Johnson, (0.163); Aaron Johnson, (0.19); Jerry Johnson, (REF); Erin Kelinson, (0.192); David Mcdonald, (0.2); Rafael Mendez, (0.196); Alexander Moran, (0.109); Tyler Newman, (0.213); Miguel Saucedo, (0.173); Roy Shaw, (0.141); David Smith, (REF); Aaron Stidfole, (REF); Nathan Tefft, (0.309); Paljor Thong, (REF); Adam Waters, (0.183); Joseph Wellendorf, (0.187).
Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.109 to a high of 0.309 (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:
Christopher Griffin, (0.105); Chad Lander, (0.29); Michelle Lee, (REF); Ryan McMahon, (0.124).
Attorneys assigned to the Intake and Screening Bureau of Polk County Attorney John Sarcone’s Office prosecuted these cases. For the month of January 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.