One hundred twenty-eight Defendants were prosecuted for Operating while under the Influence (OWI) in Polk County Associate District Courts in the month of April 2012.
Ninety-eight 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 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 the month of April 2012 were: Hernandez, Orlando, 0.092; Scalco, Victor, 0.093; McGrath, Natalie, 0.099; Kirkpatrick, Joshua, 0.099; Woolf, Sawyer, 0.108; Gayden, Eddie, 0.109; Campos, Mario, 0.11; Wilson, Todd, 0.117; Bishop, Stephen, 0.119; Williams, Charles, 0.119; Bender, Robert, 0.123; Launderville, Carissa, 0.125; Brown, Jeffrey, 0.125; Telk, Brittany, 0.126; Weifenbach, Daniel, 0.132; Snell, Amanda, 0.132; Robinson, Kathleen, 0.135; Battista, Mark, 0.137; Beaty, Lisa, 0.138; Savage, Taylor, 0.139; Topcic, Ervin, 0.139; Puterbaugh, Heath, 0.141; Staub, Bryan, 0.145; Stanley, Drew, 0.15; Santi, Michelle, 0.15; Rimathe, Steven, 0.152; Richman, Johnathan, 0.152; Mundy, Tyler, 0.153; Mosley, Zachery, 0.155; Larson, Thomas, 0.155; Maas, Kyle, 0.156; Krier, Brian, 0.158; Stoutner, John, 0.161; Ferguson, Bryce, 0.164; Condon, Anthony, 0.164; Perkins, John, 0.166; Navarro, Leah, 0.167; Muller, Anton, 0.168; Evans, Morgan, 0.169; Day, Ashley, 0.171; Metzger, Paige, 0.173; Nava, Rogelio Jr., 0.174; Brown, Lacey, 0.175; Engstrom, John, 0.177; Weiss, Jessica, 0.178; Tibbitts, Matthew, 0.182; Johnson, Steven, 0.185; Miranda, Ricardo, 0.188; Melendez, Zolia, 0.188; Bautista, Fidel, 0.189; Peebler, Shannon, 0.189; Soriano, Geovany, 0.192; Bettis, Jordan, 0.209; Bucklin, Heather, 0.213; Esselman, Danielle, 0.221; Ramirez-Estrada, Santiago, 0.225; White, Benjamin, 0.225; Maronn, Brady, 0.226; Galen-Castruita, Conraddo, 0.228; Seward, Derek, 0.239; Kunert, Katie, 0.264; Rund, Erica, 0.27; Armstrong, Jordan, DRE; Raymond, Jonathan, DRE; Washington, Laambria, DRE; Kenworthy, Kelsey, DRE; German, Roberta, DRE; Lee, Clarence, DRE; Virden, Jeremy, DRE; Manning, Terrence, DRE; Rivas, Jacky, DRE; Allison, Thomas, DRE; Brunner, Easton, DRE; Howell, Robert, DRE; Tibben, Amber,Ref; Johns, Michaell,Ref; Terry, Timothy,Ref; VanGundy, James, Ref.; Hayes, Brent, Ref.; Nurikic, Seval, Ref.; Hill, Joseph, Ref.; Jamison, John, Ref.; Cavan, Pat, Ref.; Schwenneker, Steven, Ref.; Farrell, Frank, Ref.; Garcia-Vasquez, Francisco, Ref.; Phomphakdy, Sandy, Ref.; Tefft, Aaron, Ref.; Kelly, Devin, Ref.; Duvon, Nelso, Ref.; Mannin, Terrence, Ref.; Miller, Brianna, Ref.; Larson, Ellen, Ref.; Long, Terry, Ref.; Perez-Ramirez, Jose, Ref.; Daly, Michael Kenneth Jr., Ref.; Paton, Kathryn, Ref..
Of those defendants sentenced for OWI first offense this report, thirty had a test of greater than .160 (twice the legal limit). The low chemical test among this group was .092 and the high test was .270 (over THREE times the legal limit). Twelve defendants were prosecuted based upon their use of drugs other than alcohol (denoted by “DRE” above) and twenty-three refused chemical testing (denoted by “Ref.” above).
Thirty-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 $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: Laxton, Jennifer, 0.09; Rooker, Casey, 0.11; Gibbons, Tim, 0.123; Baires, George, 0.127; Hayes, Cody, 0.152; Burnett, Kristina, 0.153; Kurth, Devin, 0.157; Johnson, Trent, 0.16; Montero, Jose, 0.164; Vongdevane, Khio, 0.17; Vanderwal, Jennifer, 0.173; Naylor, Leonard, 0.179; Bjerk, Brian, 0.18; Everson, Brian, 0.195; Sickels, Brett, 0.215; Baeza, Michelle, 0.221; Cauley, Curtis, 0.247; Utterback, Amy, 0.291; Sandrig, Machele, Ref.; Kendall, Zachary, Ref.; Barrett, Kendall, Ref.; Warner, Kyle, Ref.; Myers, Miguel, Ref.; Keltner, Wesley, Ref.; Leonetti, Chad, Ref.; Palmer, David, Ref.; Eddy, Jeanne, Ref.; Fredregill, Joshua, Ref..
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .090 to a high of .291 (over THREE times the legal limit). Ten of these defendants refused the chemical test, and none were sentenced based upon the use of drugs other than alcohol.
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 $7500. 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 this report: Rosenberger, Sandra, 0.209; Owens, Ricky, 0.224; Shuey, Austin, Ref..
All were sentenced to five years in prison, fined $3125 and had their driving privileges revoked for six years. They may serve all or part of their prison sentence in an OWI residential correctional setting such as the one operated by the Department of Corrections on the grounds of the Fort Des Moines Facility.
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau of Polk County Attorney John Sarcone’s Office. For April of 2012, the attorneys directly responsible for handling this challenging, fast-paced and high volume docket were: Brendan Greiner, Jessica Tucker and Kevin Bell.