One hundred fifty defendants were prosecuted for Operating while under the Influence
(OWI) in Polk County Associate District Courts in the month of August 2013.
One hundred thirty-nine 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 the County Jail and a maximum fine of $1,250. The Court MUST impose
a minimum of two days incarceration 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 a 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
Patrick Cornwell, (0.098); Marc Ploessl, (0.122); Angela Agan, (REF); Robert Althaus,
(0.092); Juan Amaya Martinez, (DRE); Ashley Anderson, (0.228); Michael Andrle, (0.159);
Adam Bach, (REF); Andrew Bell, (0.134); Trent Berhow, (REF); Douglas Berner, (REF);
Nehames Bernstine, (REF); Gwendolyn Berry, (DRE); Megan Bertling, (0.215); Charles
Bienert, (0.194); Chelsea Boettcher, (0.151); Nickolas Botkin, (0.12); Benjamin
Brandsgard, (0.216); John Bruton, (0.19); Kathryn Burch, (REF); Cody Butler, (0.144);
Waynee Butts, (0.161); Carlos Campos Cruz, (REF); Courtney Coles, (0.232); Justin
Constable, (0.178); Cary Coppola, (0.123); Austin Coulter, (0.174); Edward Davis,
(0.233); Gregory Davis, (REF); Lauren Deatrick, (0.148); Rashad Demps, (REF); Christopher
Denham, (0.182); Jack Dennis, (REF); Amela Dizdarevic, (0.198); Amela Dizdarevic,
(0.102); Phillip Duke, (REF); Cory Edwards, (0.192); Ricardo Elizalde Gomez, (REF);
Joshua Erichsen, (REF); Michael Erpelding, (0.088); Kassie Fisher, (0.22); Scott
Fisher, (0.14); Benjamin Fogle, (0.178); Dean Frazier, (REF); Ashwal Gak, (REF);
Jacob Garland, (0.213); Lawrence Gavigan, (0.118); Carrie Gilbert, (REF); Donna
Gillespie, (REF); Aldo Godoy Valdez, (0.192); Terry Goins, (0.161); James Goodknight,
(0.149); Derek Haltom, (REF); Daniel Hanig, (0.183); Nicole Hanke, (0.129); Brandon
Harter, (REF); Robert Hawthorne, (DRE); Corado Hedibel, (0.12); David Hellstern,
(0.194); John Holveck, (REF); Matthew Hood, (REF); Eric Huber, (REF); Jamita Hutchinson,
(REF); Janet Jones, (REF); Maranda Kapell, (0.174); Jeffrey Klevos, (REF); Leonard
Klug, (0.118); Spencer Klunenberg, (REF); Ryan Knutson, (0.134); Jeffrey Kramer,
(0.11); Allen Kuehn, (0.13); Alicia Kus, (0.125); Steven Laugerman, (0.109); Tara
Lee, (0.128); Elda Lehman, (0.143); Jennifer Lemke, (REF); Lal Lian, (0.152); Jonathan
Lopez, (REF); Zachary Marsh, (0.124); Jose May Rivero, (0.23); Christopher McCullough,
(0.188); Jesse McElroy, (REF); Thomas McKern, (0.134); Donnie McMurray, (REF); Tyler
Miller, (0.127); Kelvin Morris, (REF); Megan Morris, (0.1); Kailie Oconner, (0.133);
Osvaldo Ordaz Zaldivar, (REF); Anna Orr, (0.13); Jose Osorio Torres, (REF); Safet
Pandur, (0.125); Lacey Paul, (0.125); Nathan Phillips, (REF); Meghan Pinkley, (0.141);
Nathanial Plumb, (REF); Vincente Ponce, (0.151); Alaina Powell, (0.091); Saul Quistian
Hernandez, (0.179); Oscar Ramon Cordova, (REF); Angela Robinson, (0.123); Matthew
Robinson, (0.14); Mitchell Roe, (REF); Anthony Ross, (0.156); Wayne Ross, (0.111);
Carlos Ruiz Soria, (0.205); Stacey Sater, (.052/DRE); Samuel Sawatzky, (0.155);
Aaron Schimunek, (REF); Sheridan Schuessler, (0.183); Jastin Selim, (REF); Jorge
Simon, (REF); Jacob Smith, (0.162); Kelly Snyder, (0.119); Yobani Soriano, (REF);
Mark South, (0.214); Colleen Spellman, (0.156); Sean Stone, (0.113); Robert Stone
, (0.142); Raymond Stoner, (0.135); Michael Strandberg, (0.22); Daniel Tasler, (0.198);
Edward Thompson, (REF); Tyler Thompson, (0.125); Michael Tilley, (DRE); Bobby Tran,
(0.123); Matthew Treadwell, (0.164); Joshua Trettin, (0.145); Eric Tvinnereim, (0.155);
Moises Vasquez Sandoval, (0.14); Ismar Viso, (0.175); Binly Vongphakdy, (DRE); Amanda
Walker King, (0.105); Sarah Walton, (0.096); Brady Wathen, (0.132); Lorenzo White,
(REF); Eric Wittrock, (0.191); Joshua Woolheater, (0.108); Michael Zeroni, (REF).
Of those defendants sentenced for OWI first offense this report, thirty-four had
a test of .160 (twice the legal limit) or greater. The low chemical test among the
group was .088 and the high test was .233 (almost THREE times the legal limit).
Five defendants were prosecuted based upon their use of drugs other than just alcohol
(denoted by “DRE” above) and fourty-four refused chemical testing (denoted by “Ref.”
Twenty-nine 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 $6250. The Court MUST impose a minimum of seven days incarceration
and a minimum fine of $1875 upon conviction of Second Offense OWI.
The defendants prosecuted for OWI second offense report were:
Eileen Akre, (0.164); Dennis Applegate, (0.201); Gabriel Ayers, (REF); Fidel Bautosta
Vasquez, (REF); Louis Caligiuri, (REF); Louis Caligiuri, (REF); Jessica Carlson,
(0.149); Taylor Davis, (0.199); Jason Day, (0.159); Manuel DeLa Rosa, (0.182); Blake
Fitch, (REF); Christopher Hamby, (REF); Ronald Hutchinson, (0.241); Rhonda Isley,
(REF); Matthew Johnston, (0.186); Lee Jorgenson, (0.182); Chelsie Lyons, (0.097);
Joel Miller, (REF); Cassandra Moser, (0.199); Odilio Orozco Pac, (REF); Shawn Osburnsen,
(REF); Ryan Pierce, (REF); Heeth Proctor, (REF); Jeno Rigley, (REF); Michael Rolow,
(0.264); Alexander Smith, (REF); Bonnie Steinhauser, (REF); Matthew Thesing, (0.189);
Willie Weatherall, (0.119).
Of those Defendants sentenced for OWI second offense this report, ten had a test
of .160 (twice the legal limit) or greater. The low chemical test among the group
was .097 and the high test was .264 (more than THREE times the legal limit). None
of the defendants were prosecuted based upon their use of drugs other than just
alcohol and fifteen refused chemical testing (denoted by “Ref.” above).
There were three defendants sentenced this reporting period for Third Offense OWI.
Third Offense OWI is a Class D felony, punishable by up to five years in prison
and by a fine of up to $9375. The Court MUST sentence a Defendant convicted of Third
Offense OWI to a minimum of thirty days in jail and a minimum fine of $3125. Sentenced
Kathleen Brennan, (0.195); Christopher Busch, (0.177); Sierra Waddell, (0.233).
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau
of Polk County Attorney John Sarcone’s Office. For August of 2013, the attorneys
directly responsible for handling this challenging, fast-paced and high volume docket
were: Maurice Curry and Jordan Roling.