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Tuesday, January 2, 2018

Statement of Muscatine County Attorney Alan R. Ostergren regarding possession and sale of products containing cannabinoid oil.

The Muscatine Police Department has received complaints regarding businesses selling products containing cannabinoid oil (also known as CBD). The police department conducted an investigation into these complaints and determined that there were several Muscatine businesses which had been selling CBD products.

The police submitted samples of CBD products seized during their investigation to the Iowa Division of Criminal Investigation for laboratory analysis. This analysis confirms that the CBD products seized in the investigation are marijuana under Iowa law. It is illegal to possess or distribute them.

The Iowa Legislature has passed a law which allows for certain CBD products for medical purposes. The law instructed the Iowa Department of Public Health (DPH) to develop a regulatory program for CBD products. The DPH has not yet finalized these rules. As a result there are no CBD products currently legally being sold in the State of Iowa. Once the DPH regulations have been promulgated they will only allow CBD products to be sold by licensed dispensaries to patients who have been prescribed CBD by a medical professional for certain identified illnesses or conditions.

The Muscatine County Attorney is aware of an assertion that provisions in the 2014 farm bill passed by Congress legalized CBD products. This is incorrect. The farm bill authorized certain experimental programs involving industrial hemp. The farm bill did not change Iowa law as it pertains to CBD products.

In consultation with the Muscatine Police Department, the Muscatine County Attorney has decided to not file criminal charges against any individuals who were found in possession of CBD products during this investigation. Although the possession was illegal, the County Attorney has decided to use his discretion to not file charges under these circumstances. CBD products seized during the investigation will not be returned.

Persons who are currently in possession of CBD products should promptly and securely destroy them. Persons may also turn them over to the Muscatine Police Department for destruction. Persons wishing to turn CBD products over to the Muscatine Police Department should contact the department at (563) 263-9922 and ask to speak to either Lt. Tony Kies, Capt. Steve Snider, or Off. Whitni Pena.


The Muscatine County Attorney’s decision to not prosecute CBD violations applies only to those currently known to law enforcement. Any potential future violation will be investigated by the appropriate law enforcement agency and evaluated by the Muscatine County Attorney for potential prosecution.  

Saturday, December 9, 2017

Prison sentence for habitual offender

Friday, December 8, 2017, in Muscatine County District Court:

SHAWN PAUL HEDGER, 30, of Muscatine, pleaded guilty to interference with official acts while armed as a dangerous weapon. HEDGER admitted that he was a habitual offender under Iowa law as he had twice previously been convicted of felony offenses. After pleading guilty he waived his right to a delay in sentencing and was sentenced to a prison term of not to exceed 15 years. He must serve three years before being eligible for parole.

The charge against HEDGER resulted from an incident on July 4, 2017, where HEDGER threatened to burn down a residence in the 400 block of Grandview. When Muscatine police responded to the scene HEDGER brandished a knife at the officers and refused commands to surrender. HEDGER was eventually taken into custody.

HEDGER's mugshot:



On Wednesday, December 6, 2017:

THOMAS ROGER BRASE, 16, of Muscatine, pleaded guilty to robbery in the second degree and prohibited person in possession of a firearm. Investigation by the Muscatine Police Department showed that BRASE  stole property from a parked vehicle. When confronted by the vehicle owner he brandished and struck the individual with a pistol. BRASE had previously been adjudicated delinquent for the offense of burglary in the third degree and as a result was prohibited from possessing a firearm.

BRASE remains in the Muscatine County Jail pending a sentencing hearing on January 19, 2018, at 9:00 a.m.

BRASE's mugshot:



Friday, December 1, 2017

Prison sentence in shooting case

Today, December 1, 2017, in Muscatine County District Court SEBASTIAN RENE PERALES, 20, of Muscatine was sentenced after pleading guilty to intimidation with a dangerous weapon and willful injury. The defendant received a prison sentence for a term not to exceed 10 years. The prosecution was the result into an incident on July 27, 2017, where PERALES fired several gunshots at a crowd of people in the 500 block of Linn Street. One individual was struck by gunfire as a result. The case was investigated by the Muscatine Police Department.

PERALES's mugshot:


Monday, November 27, 2017

Domestic abuse sends man to prison

Today, November 27, 2017, in Muscatine County District Court:

LUCAS BENJAMIN LEONHARD, 32, of Muscatine, was sentenced after pleading guilty to domestic abuse assault, a class "D" felony. Investigation by the Muscatine Police Department revealed that LEONHARD had manually strangled an adult female and caused bodily injuries. The Court imposed a prison sentence for a term not to exceed five years and a suspended fine of $750.

LEONHARD's mugshot:


Thursday, November 9, 2017

Prison sentence for sexual contact with child

Today, November 9, 2017, in Muscatine County District Court:

PAYTON SCOTT YOUNG, 17, of Muscatine was sentenced to an indeterminate prison term of not to exceed 10 years for the offense of lascivious acts with a child. Investigation by the Muscatine Police Department showed that YOUNG had sexual intercourse with a child under the age of 12. Following completion of his prison sentence he will be required to serve the remainder of his life on supervised release. He will also be required to register as a sex offender.

YOUNG's mugshot:


Also today:

AUSTIN ERIC STANBRO, 21, of Muscatine was sentenced to an indeterminate prison term of not to exceed 11 years for the offenses of burglary in the second degree and assault causing bodily injury. Investigation by the Muscatine Police Department showed that STANBRO entered a residence without permission with the intent to commit an assault against one of the occupants. He was armed with a knife during the incident. The victim received injuries during the assault.

STANBRO's mugshot:


CHAD ALAN JOHNSON, 35, of Muscatine, was sentenced after pleading guilty to burglary, criminal mischief, and a variety of driving offenses. He was sentenced to a prison term not to exceed five years. The cases against him were investigated by the Muscatine Police Department.

JOHNSON's mugshot:

Tuesday, October 31, 2017

Muscatine Man Convicted of Sexual Abuse

October 31, 2017

A Muscatine County jury found MARION TREADWELL MORRISON, 61, of Muscatine, guilty of the offense of sexual abuse in the third degree. The trial began October 30, 2017. The jury deliberated for approximately 40 minutes before reaching its verdict.

Investigation by the Muscatine Police Department showed that MORRISON had sexually abused an adult female by touching her genitals with his hand without consent. The offense occurred September 26, 2016, at a residence in Muscatine.

Following the jury's verdict the court ordered the defendant's bond to be revoked. MORRISON will be held in the Muscatine County Jail pending a December 1, 2017, at 9:30 a.m. sentencing. The offense is a class "C" felony punishable by imprisonment for a term not to exceed 10 years.

The case was prosecuted by Muscatine County Attorney Alan R. Ostergren. The investigation was led by Muscatine Police Department Det. Joe Roseman.

MORRISON's mugshot:


Friday, October 20, 2017

Eluding and methamphetamine possession result in prison sentence

Today, October 20, 2017, in Muscatine County District Court:

OTTO EARL HARRINGTON, 52, of Muscatine, was sentenced after pleading guilty to eluding and possession of a controlled substance, methamphetamine. HARRINGTON was arrested May 7, 2017, after a Muscatine County Sheriff's Deputy attempted to pull over a vehicle he was driving for an equipment violation. HARRINGTON attempted to flee from the deputy but crashed his car. A search of the area around his crashed vehicle revealed a personal-use quantity of methamphetamine. The Court imposed a prison sentence totaling not to exceed five years for the two offenses.

HARRINGTON's mugshot:


In another case, SEBASTIAN RENE PERALES, 20, of Muscatine, pleaded guilty to intimidation with a dangerous weapon and willful injury. Investigation by the Muscatine Police Department showed that on July 27, 2017, PERALES fired a gun at a group of people standing in the 500 block of Linn Street in the City of Muscatine. One person was struck. That individual suffered a broken arm due to the gunshot.

PERALES will be sentenced December 1, 2017, at 9:45 a.m. His mugshot: