One hundred twenty-five defendants were prosecuted for Operating While under the
Influence (OWI) in Polk County Associate District Courts in the month of November
One eighty-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 sentence of two days in 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
Those defendants appearing for sentencing for OWI First Offense in this reporting
Stephanie Allen, (0.147); Vernon Anderson, (0.115); Jimmy Baires, (0.125); Ryan
Bare, (0.1); Delbert Bauer, (0.202); Timothy Bears, (REF); Kaylee Bell, (REF); Prem
Bhattarai, (0.215); Nina Brandsfield, (REF); Nikki Calhoun, (REF); Daniel Calvillo
Castillo, (0.114); Thomas Carlson, (0.318); Sherece Clark, (0.173); Morgan Clemens,
(0.339); Matthew Cousins, (0.134); Aileen Crawford, (0.181); David Davis, (0.147);
Thomas Davis, (DRE ); John Dawson, (0.175); Anthony Diemer, (0.221); Trevor Gehringer,
(REF); Prairie Gifford, (REF); Kathleen Giles, (0.186); Christian Gonzalez, (0.129);
Juan Gutierrez, (0.161); Jordan Hager, (REF); Keith Halverson, (DRE); Misty Hansen,
(REF); Brent Hansmeier, (0.169); Carla Harris, (0.195); Margarito Hernandez Landeros,
(REF); Christopher Hutto, (0.166); Melinda Irving, (DRE); Zoran Ivanovski, (0.139);
Marcus Jacobson, (0.153); Miguel Joachin Prieto, (0.122); Neil Johnson, (REF); Kristina
Kaller, (0.163); Nancy Kinkade, (DRE); Nancy Kinkade, (DRE); Dobol Koat, (REF);
Jeffrey Lee, (0.208); Erin Lewis, (0.103); Stephen Linnett, (0.116); Eric Livingston,
(.080/DRE); Lal Lova, (0.204); Christopher Lyons, (0.145); Alexis McFarland, (0.223);
Amira Mehmedovic, (0.156); Matthew Mendenhall, (REF); Craig Miles, (0.212); Christopher
Mitton, (0.246); Daniel Moore, (0.133); Rob Nauman, (0.127); Gumaro Noyola Parra,
(0.243); Steven Ohnemus, (REF); Bharat Patel, (REF); Vernon Patton, (0.145); Steven
Peterson, (0.085); Anthony Pommer, (0.15); James Qualls, (REF); Shannon Raisch,
(REF); Sarah Ramus, (0.232); Matthew Rench, (0.117); Terrance Rice, (0.155); Anthony
Ross, (REF); Arkonia Rushing Hill, (REF); Chanel Scott, (0.173); John Senger, (REF);
Joshua Senger, (0.175); Ryan Sheehan, (0.165); Adam Shepard, (0.144); Sarah Shepherd,
(REF); David Sikes, (DRE); Brandon Smith, (0.181); Brian Smith, (0.175); Troy Sowers,
(REF); Jacob Sparks, (REF); Dale Struyk, (0.127); David Swigart, (0.233); Nicholas
Tigges, (REF); Frankgel Vasallo, (0.151); Danny Williams, (0.165); Nicole Wilson,
(0.182); Lucas Wren Olafson, (0.13); Nyachua Yien, (0.181); Matthew Yoder, (REF);
Rosie Zermeno, (0.201).
Of those defendants sentenced for OWI First Offense this report, thirty-three had
a test of .160 (twice the legal limit) or greater. The low chemical test among the
group was .085 and the high test was .339 (more than
FOUR times the legal limit). Five defendants were prosecuted based upon
their use of drugs other than just alcohol (denoted by “DRE” above) and twenty-four
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 $6,250. The Court MUST
impose a minimum setnence of seven days in County Jail and a minimum fine of $1,875,
upon conviction of OWI Second Offens.
Those defendants appearing for sentencing for OWI Second Offense in this reporting
Brandon Akes, (REF); Nyok Amieth Kongroar, (REF); Anne Baarda, (0.168); Willow Bauer,
(0.125); Nicholas Blaskovich, (REF); Derek Cummings, (REF); Michael Debord, (0.153);
Mark Dieleman, (0.124); Keak Duop, (REF); Jack Futrelle, (0.157); Sean Gainer, (REF);
Jorge Garcia, (REF); Joseph Garza, (0.188); Rose Halterman, (REF); Travis Head,
(0.159); Rhonda Hopewell, (0.162); Jose Jimenez, (0.147); Blake Johnson, (DRE);
Wendy Lewiston, (REF); Zeferino Maceda, (REF); Zoila Melendez, (0.226); Gary Robertson,
(0.187); Toni Scott, (REF); Jastin Selim, (0.231); Nicolas Stephens, (0.197); Donald
Swearingen, (REF); Donald Swearingen, (REF); Christopher Taylor, (0.13); Jeffrey
Tyler, (0.163); Troy Vance, (0.126); Thomas Wilson, (DRE/REF).
Of those Defendants sentenced for OWI Second Offense who took a chemical test, those
tests ranged from a low of .124 to a high of .231 (almost
THREE times the legal limit). Thirteen of these defendants refused the chemical
There were six 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 jail and a minimum fine of $3,125. Sentenced this report:
Johnathan Bell, (REF); Brian Dugan, (0.228); James
Fahle, (REF); Michael Hansman, (REF); John Rasmussen, (REF); Troy Thompson, (REF).
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau
of Polk County Attorney John Sarcone’s Office. For November of 2013, the attorneys
directly responsible for handling this challenging, fast-paced and high volume docket
were: Maurice Curry and Jordan Roling.