Statement of Muscatine County Attorney Alan R. Ostergren on approval of HF 119

Today, May 24, 2013, Iowa Governor Terry Branstad approved House File 119 - a bill for an act relating to the duties of the County Attorney in juvenile court.

Muscatine County Attorney Alan R. Ostergren released the following statement:

"HF119 restores the County Attorney to his or her traditional role of being the independent voice of the people in juvenile court cases dealing with children who had been neglected or abused. A 2007 decision of the Iowa Supreme Court had interpreted Iowa law in manner which required County Attorneys to treat the Iowa Department of Human Services as our client. This court decision placed a serious structural conflict in our duties as prosecutors and our duty to DHS.

"The Iowa County Attorneys Association worked with the Governor, the Attorney General, and legislators to craft a response to this court decision. We were motivated by the need to eliminate the structural conflict and to ensure that the people had their representative in court. This issue had been the number one priority of ICAA for the past three legislative sessions.

"During the past session of the legislature an agreement was reached between the interested parties to find a way to fix this problem. I was pleased that this agreement was approved by the legislature in a bipartisan and unanimous fashion. I would like to particularly thank the Muscatine County legislative delegation of Sen. Chris Brase, Sen. Tom Courtney, Sen. Robert Dvorsky, Rep. Mark Lofgren, Rep. Bobby Kaufmann, and Rep. Tom Sands for their votes in favor of this legislation. I would also like to thank House Judiciary Chairman Rep. Chip Baltimore and Senate Judiciary Chairman Sen. Rob Hogg for their leadership. Finally, I would like to thank Governor Branstad for his leadership and close concern on this issue.

"HF119 ensures that the County Attorney is the representative of the people and their interest in seeing justice be done in juvenile court. It allows us to be the independent voice of the people and to ensure that children are protected to the maximum degree possible. The Governor's action today in approving the bill was a tremendous event."

Fifty year prison sentence for child sexual abuse

Today, May 24, 2013, in Muscatine County District Court PEDRO CAMACHO OLEA, DOB: 1/28/1968, was sentenced by the Hon. Thomas Reidel for six counts of Sexual Abuse in the Second Degree.

Judge Reidel sentenced the defendant to a total term of incarceration of not to exceed 50 years. By Iowa law the defendant will not be eligible for parole until he serves 35 years of that sentence.

"I am very pleased with the result of this case," said Muscatine County Attorney Alan R. Ostergren. "The defendant was found guilty after a jury trial. The Court recognized the significant harm the defendant cause his victims and sentenced him accordingly," Ostergren continued. "Justice was done in this case," he added.

OLEA will be transported by the Muscatine County Sheriff to the Iowa Medical and Classification Center where he will begin serving his sentence. OLEA will also be required to register as a sex offender when he released from prison.

The case against OLEA was investigated by the Muscatine County Sheriff's Department.

Guilty plea in employer embezzlement case

Friday, May 17, 2013, in Muscatine County District Court, BRUCE BEAN, DOB: 5/31/1959, pled guilty to Theft in the First Degree. Investigation by the Muscatine Police Department showed that BEAN had misappropriated approximately $160,000 from his employer by causing payments for scrap metal to be diverted to him rather than his employer. BEAN's plea agreement calls for him to make a lump-sum restitution payment to the victim of $75,000 and sign a promissory note for the remaining amount. BEAN will be sentenced July 5, 2013, at 9:15 a.m.

Muscatine County District Court April 26, 2013

TONYA BRASE, DOB: 2/23/1982, of Wilton, was sentenced after pleading guilty to Theft in the Second Degree and Theft in the Third Degree. The defendant received suspended prison sentences on each count. Investigation by the Wilton Police Department showed that BRASE had stolen jewelry from a residence in Wilton which she subsequently pawned.


ERIC GRAY, DOB: 5/31/1985, of Chicago, Illinois, pled guilty to Theft in the First Degree and Eluding. Investigation by the Muscatine Police Department showed that the defendant stole a motor vehicle and when police attempted to pull him over while driving the vehicle he attempted to elude them. GRAY will be sentenced June 7 at 9:30.


update: 3/16/2013 at 3:44 p.m.:

STEVEN BORGES, DOB: 4/13/1985, of Grandview pled guilty and was sentenced for four counts of Burglary in the Third Degree. Investigation by the West Liberty Police Department and the Muscatine Police Department showed that BORGES had been involved in numerous commercial and residential burglaries. He was sentenced by the court to four consecutive prison terms for a total term of not to exceed 20 years.

Guilty Plea to Sex Offender Registration Violation

Today, April 16, 2013, in Muscatine County District Court, Brian Ray HAMMILL, DOB: 11/11/1976, pled guilty to Sex Offender Registration Violation, Second or Subsequent Offense. Investigation by the Muscatine County Sheriff's Office showed that HAMMILL failed to register with the Sheriff after beginning employment in the county. HAMMILL is subject to registry requirements due to a 2000 Lascivious Acts with a Child conviction from Scott County, Iowa. HAMMILL will be sentenced May 31, 2013, at 9:00 a.m.

Muscatine Man Pleads Guilty to Sexual Abuse

Today, April 12, 2013, in Muscatine County District Court Daniel BRATCHER, DOB: 3/20/1968, of Muscatine pleaded guilty to the offense of Sexual Abuse in the Third Degree. Investigation by the Muscatine Police Department showed that BRATCHER had forcibly performed a sex act on an adult female at a Muscatine residence on January 5, 2013. BRATCHER will be sentenced May 17, 2013, at 9:45 a.m. He is being held without bond pending sentencing.

Statement of Muscatine County Attorney Alan R. Ostergren regarding vehicle pursuit on April 8, 2013:

On April 8, 2013, at 8:31 p.m. the Muscatine County Joint Communications Center received a 911 call reporting that a vehicle was traveling northbound on U.S. Highway 61 in the southbound lanes of travel. The vehicle was reportedly traveling in excess of 80 miles per hour.

A Muscatine Police Department officer and a Muscatine County Sheriff’s deputy located the vehicle at approximately the same time in the 1600 block of south Grandview Avenue. The officer and the deputy attempted to stop the vehicle in this location. The vehicle stopped but then fled from the location of this traffic stop.

The pursuit continued to the 600 block of Mississippi Drive where the vehicle pulled over for a second time. When law enforcement officers attempted to make contact with the driver the vehicle pulled away abruptly. The deputy then fired one shot from his service weapon at a tire on the vehicle. The vehicle fled on Mississippi Drive and then turned northbound on Iowa Avenue. The pursuit then proceeded to Fulliam Avenue at a high rate of speed. The vehicle fled westbound on Fulliam Avenue until the intersection at Duncan Drive.

At this location the deputy struck the pursuit vehicle in a maneuver intended to end the pursuit. The vehicle driver pulled the vehicle away from the squad car. The deputy then fired his service weapon a second time at the vehicle to disable the vehicle.

The driver of the pursuit vehicle continued across a field adjacent to the intersection of Duncan Drive and Fulliam Avenue. The pursuit then went across the field toward the parking area of a County of Muscatine building at 3210 Harmony Lane. The deputy’s squad car struck the pursuit vehicle again and pinned the pursuit vehicle against a fence post. This brought the pursuit to a conclusion.

The operator of the pursuit vehicle was ELIZABETH ANNA DIETENBERGER, DOB: 11/26/1981, of Iowa City. She has been charged with Eluding a Pursuing Law Enforcement Vehicle, an aggravated misdemeanor, and numerous traffic violations. She has been taken into custody and will make an appearance before a judge on April 10, 2013.

"I have reviewed the materials connected with the investigation of this pursuit and the use of deadly force by the deputy," said Muscatine County Attorney Alan R. Ostergren. "I am satisfied that the force used here was appropriate and lawful. The law enforcement personnel acted bravely to bring a highly dangerous situation to an end without any injuries to the public, themselves, or the suspect," he added.

Due to the pending charges against DIETENBERGER the squad videos will not be released.