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OWI Report (July 2019)

One hundred thirty-eight defendants were prosecuted for Operating While under the Influence (OWI) in Polk County Associate District Courts in the month of July 2019.

One hundred ten 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: 

Brandon Alvarez, (0.254); Philip Barber, (DRE); Frank Bradshaw, (0.136); Brian Brimeyer, (0.12); Daryl Broadway, (0.098); Ohmar Brooks, (REF); William Brown, (REF); Scott Burns, (0.162); Justin Campbell, (0.153); Matthew Carter, (0.184); Sarah Chitwood Perlman, (REF); Jessica Clementi, (DRE); Jordan Cobb, (0.184); Celeste Consoer, (0.172); Chris Contreras, (0.162); Deon Cooper, (REF); Kelli Cory, (DRE); Kimberly Cross, (REF); Luis Delcid, (0.218); Alexandria Dittmer, (0.138); Jacob Divan, (0.13); Fuad Dualle, (0.144); Joe Eckstein, (0.096); Jodi Espe, (REF); Matthew Evans, (REF); Jamar Fallin, (0.135); Erica Gamez, (0.183); Antonio Garcia Cuevas, (0.168); Nicole Gilbert, (DRE); Jeffrey Glenn, (0.112); Wyatt Grafton, (0.23); Natalie Greenfield, (0.148); Tyler Grove, (0.188); Huy Huynh, (REF); John Inderski, (0.135); Cheyenne Jenkins, (0.128); Heath Jergens, (0.18); Emmanuel Jimenez-lopez, (DRE); Tyler Johnson, (0.116); Austin Johnson, (0.166); William Kearbey, (0.14); Kieu Khanthavixay, (0.111); Bushiri Kimba, (0.241); Katie Klein, (0.187); Hannah Landa, (0.212); Cheyenne Landrith, (0.158); William Lawson, (REF); Susan Lensch-mahannah, (0.263); Andrea Lerette Poafpybitty, (REF); Jose Lopez, (REF); Nathan Marchand, (0.148); Robert Marchant, (DRE); Alexis Mcfarland, (DRE); Brian Mcgee, (DRE); Kurtis Mcguire, (REF); Chelsea Medina, (0.15); Vincent Messer, (REF); Jordan Morris, (0.197); Guillermo Munoz De La Cruz, (0.104); Jeffrey Nall, (0.241); Joseph Nelson, (0.229); Cole Nordman, (0.129); Cynthia Olinger, (REF); Rebecca Olsen, (0.14); Tanner Peeler, (0.141); Jesus Pelayo, (0.113); Jesse Peterson, (0.102); Jennifer Peterson, (0.27); Jennifer Peterson, (REF); Dylan Pol, (0.129); Jose Quevedo Medrano, (0.178); Gregg Reimer, (0.182); Richard Reynolds, (0.157); Eric Rice, (REF); John Roberts, (0.191); Frankie Robinson, (REF); Juarez Rodrigo Misael, (0.13); Aubrey Roland, (0.093); Eric Semple, (0.117); Stephen Shelton, (0.134); Chalen Shuckahosee, (0.23); Daniel Siddall, (0.098); Perry Sims, (0.108); Shaun Smith, (0.208); Stephen Solomon, (0.093); Hunter Stafford, (0.273); Nicholas Stevens, (0.168); Lori Strain, (REF); Dennis Sturtz, (REF); Lakesha Taylor, (REF); Keanu Thomas, (REF); William Thompson, (REF); Ounla Thongsavanh, (0.094); Spencer Tonkinson, (0.169); Felix Trinidad Velez, (REF); Benjamin Trotter, (0.117); Gabrill Turay, (0.224); Kristen Tuttle, (0.21); Ni Uk, (REF); Stacy Vannoy, (0.15); Jessi Villagran, (0.109); Anthony Weisshaar, (0.234); Aaron Wilcox, (0.173); Michael Willse, (0.093); Tyrone Wilson, (0.175); Antonio Wilson, (REF); Zachary Woltemath, (REF); Spencer Wright, (0.179); Brice Wust, (0.167); Natasha Young, (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 .093 and the high test was .273 (more than THREE times the legal limit). Eight 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-one 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:

Brandon Ballentine, (0.177); Prajwal Bhandari, (0.35); Ashley Birkinbine, (0.28); Troy Brown, (0.163); Ryan Burright, (0.227); Kylie Crane, (0.142); Lonnie Fuller, (0.159); Guy Gottschalk, (REF); Bret Grant, (0.105); Jerry Holmes, (0.189); Deborah Kidman, (0.191); Anthony Lawson, (REF); Brittany Merhar, (0.087); Nathan Meyer, (REF); Larry Most, (0.148); Charles Motley, (REF); Maxwell Petersen, (0.175); Louis Petersen, (0.275); Ezra Reiners, (0.186); Nicole Roberts, (0.226); Deonta Stigler, (REF).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.087 to a high of 0.350 (more than FOUR times the legal limit). Twelve of these defendants refused the chemical test.

There were seven 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: 

Jake Allen, (0.18); Deanthony Clark, (DRE); Sean Dorhout, (REF); Sean Dorhout, (REF); Michael Johnson, (REF); Michael Lee, (0.344); Katie Schmidtke, (REF).

 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 July 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.