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OWI Report (June 2019)

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

Eighty-three 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: 

Stephen Anderson, (0.159); Chad Baker, (0.175); Jackson Baumgarten, (0.12); Dustin Beerbower, (DRE); Missie Beghtel, (0.128); Michael Bessman, (0.168); John Blythe, (0.163); Joshua Borcherding, (0.107); Austin Brown, (REF); Lonnie Burton, (0.142); Justin Cannon, (REF); Andrea Castaneda Mireles, (0.144); Randy Ceretti, (0.108); David Chol, (0.221); Anthony Clelland, (REF); Casey Doyle, (0.097); Robert Erb, (0.224); Matthew Evanson, (0.148); Donte Fairman, (REF); Samuel Farley, (DRE); Frank Formaro, (DRE); Jonathan Fuhs, (0.193); Jennifer Gomez, (REF); Julio Gonzalez, (0.109); John Grant, (REF); Grant Gunn, (0.177); Randall Harter, (0.346); Travis Hartgers, (0.136); Dyana Hill, (REF); Jordan Hulse, (REF); Jennifer James, (0.156); Anthony Johnson, (REF); Sarah Kanneh, (REF); Tammy Koester, (REF); Chase Kohler, (REF); Kristopher Kremin, (0.127); Lisa Lauder, (DRE); Samuel Leahy, (REF); Sean Loukaitis, (0.134); Vivian Ly, (REF); Otumbra Madison, (REF); Douglas Mains, (REF); Devon Marshall, (0.108); Jodi Matthias, (0.183); Clayden Mckim, (0.235); David Miller, (0.188); Barbara Miskimins, (0.217); Rebekah Moon, (REF); India Morrow, (0.29); Shaun Myers, (0.13); Zachary Peasley, (0.198); Ashton Plummer, (0.133); Jaqueline Porter, (REF); Samantha Pound, (0.303); Joshua Rattray, (REF); Kane Reynolds, (REF); Sunnie Robinson, (0.365); Alexander Rodriguez, (0.187); Fernando Romero, (REF); Denzel Sanders, (0.13); Michael Scarpino, (REF); Grant Schmidt, (0.296); Matthew Shumate, (0.132); Stephanie Silva, (0.194); Terry Simpson, (0.173); Prince Soe, (0.183); Tara Tucker, (0.09); George Van Ram Cung, (0.23); Kevin Vasquez, (0.104); Benjamin Vazquez Angeles, (REF); Eli Waits, (0.16); Daniel Walker, (0.127); James Weiss, (0.19); Christopher West, (REF); Keith White, (DRE); Shawna Wiebers, (0.157); Precious Willis, (DRE); Loran Wolett, (REF); Clayton Wolf, (REF); Robert Woodard, (0.12); Scott Wrage, (REF); Jordan Zenor, (0.167); Taylia Zepeda, (0.17).

Of those defendants sentenced for OWI First Offense this report, twenty-five had a test of .160 (twice the legal limit) or greater. The low chemical test among the group was .090 and the high test was .365 (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-seven 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:

Sheri Arnold, (REF); Tarrell Brown, (0.112); David Brown, (REF); Heather Carey, (REF); Alisha Castle, (REF); Johannah Cole, (0.178); Jermaine Day, (0.216); Jacob Erickson, (REF); Nathan Garvey, (0.186); Mia Gibson, (0.163); Joel Huyser, (DRE); Ryan Martin, (0.237); Jeffery Miller, (REF); Marquese Morse, (REF); Osvaldo Ordaz Zaldivar, (REF); Schuyler Paxson, (0.1); Nicholas Pham, (REF); Trever Reed, (0.117); Jake Rhiner, (0.215); Jarid Richards, (0.133); Robert Ritchie, (REF); Steven Speech, (REF); Jeffrey Stell, (0.22); Mitchell Timm, (REF); Diane Winburn, (0.125).

Of those defendants sentenced for OWI Second Offense who took a chemical test, those tests ranged from a low of 0.100 to a high of 0.237 (more than TWO times the legal limit). Twelve of these defendants refused the chemical test.

There were three 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: 

Angela Baize, (REF); Adam Canty, (REF); Trenton Himes, (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 June 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.