Today (December 16, 2011) in Muscatine County District Court Scott Thomas BARBERICH, of Muscatine, was sentenced for Going Armed with Intent, a class "D" felony, and Aggravated Assault, an aggravated misdemeanor.
Investigation by the Muscatine Police Department showed that the defendant was involved in an altercation with another motorist while driving on U.S. Highway 61. BARBERICH fired a shot from a handgun, striking the other vehicle one time.
BARBERICH received a suspended prison sentence for the felony offense and was ordered to serve 180 days in the Muscatine County Jail for the misdemeanor offense.
Friday, December 16, 2011
Man sentenced for sexual abuse of a minor
Today (December 16, 2011) in Muscatine County District Court JAMES FORRESTER, JR. (DOB: 2/4/1959), formerly of 318 E. 3rd Street, Apt. 3, Muscatine was sentenced after pleading guilty to Sexual Abuse in the Third Degree, a class "C" felony, and Tampering with a Witness, an aggravated misdemeanor. The Court imposed consecutive prison sentences for a total term of not to exceed twelve years. In addition, FORRESTER, will be placed on supervised release for the remainder of his life after he completes his prison sentence. He will also be required to register as a sex offender.
Investigation by the Muscatine Police Department showed that FORRESTER performed a sex act against a fourteen year old and then threatened the victim to prevent the victim from coming forward to law enforcement.
FORRESTER was ordered to be immediately transported to the Iowa Department of Corrections to begin serving his sentence.
Investigation by the Muscatine Police Department showed that FORRESTER performed a sex act against a fourteen year old and then threatened the victim to prevent the victim from coming forward to law enforcement.
FORRESTER was ordered to be immediately transported to the Iowa Department of Corrections to begin serving his sentence.
Guilty pleas entered
Today (Dec. 16, 2011) in Muscatine County District Court:
ESPERANZA NUNEZ (DOB: 7/16/1957) of 1307 Lucas Street, Muscatine pled guilty to two counts of Delivery of a Controlled Substance, each a class "C" felony. NUNEZ was arrested after an investigation by the Muscatine County Drug Task Force in which she sold cocaine and hydrocodone. NUNEZ will be sentenced January 27, 2012, at 9:00 a.m.
LAURA BAZAN (DOB: 11/15/1969) of 300 Sage Ct., West Liberty, pled guilty to Theft in the Second Degree, a class "D" felony, and Unauthorized Use of a Credit Card, an aggravated misdemeanor. Investigation by the Muscatine Police Department showed that she had misused a credit card issued by the State of Iowa for transfer of child support payments. BAZAN stole the card issued to her daughter and spent approximately $8,100 which had been intended to support her daughter's child. BAZAN will be sentenced January 27, 2012, at 9:30 a.m.
MARCEL WARREN (DOB: 12/23/1992) of 1014 Orange Street, Muscatine, pled guilty to Possession of a Controlled Substance with Intent to Deliver, a class "D" felony. Investigation by the Muscatine County Drug Task Force showed that WARREN had been the operator of a motor vehicle which was stopped by law enforcement. A passenger in the vehicle had approximately three pounds of marijuana in his possession. WARREN admitted to driving the passenger in order to complete a drug transaction.
ESPERANZA NUNEZ (DOB: 7/16/1957) of 1307 Lucas Street, Muscatine pled guilty to two counts of Delivery of a Controlled Substance, each a class "C" felony. NUNEZ was arrested after an investigation by the Muscatine County Drug Task Force in which she sold cocaine and hydrocodone. NUNEZ will be sentenced January 27, 2012, at 9:00 a.m.
LAURA BAZAN (DOB: 11/15/1969) of 300 Sage Ct., West Liberty, pled guilty to Theft in the Second Degree, a class "D" felony, and Unauthorized Use of a Credit Card, an aggravated misdemeanor. Investigation by the Muscatine Police Department showed that she had misused a credit card issued by the State of Iowa for transfer of child support payments. BAZAN stole the card issued to her daughter and spent approximately $8,100 which had been intended to support her daughter's child. BAZAN will be sentenced January 27, 2012, at 9:30 a.m.
MARCEL WARREN (DOB: 12/23/1992) of 1014 Orange Street, Muscatine, pled guilty to Possession of a Controlled Substance with Intent to Deliver, a class "D" felony. Investigation by the Muscatine County Drug Task Force showed that WARREN had been the operator of a motor vehicle which was stopped by law enforcement. A passenger in the vehicle had approximately three pounds of marijuana in his possession. WARREN admitted to driving the passenger in order to complete a drug transaction.
Tuesday, December 13, 2011
Iowa City man sentenced for bank robbery
Today (December 13, 2011) in Muscatine County District Court a sentencing hearing was held regarding JAY MICHAEL HARKLESS (DOB: 3/19/1986), formerly of Iowa City, who had previously pled guilty to Robbery in the Second Degree.
The Court sentenced HARKLESS to serve a prison term not to exceed ten years. HARKLESS will have to serve seven years of the sentence prior to parole eligibility. He was also fined $1,000 and ordered to pay restitution for the money stolen during the robbery.
HARKLESS had robbed a Central State Bank branch location at the Muscatine HyVee store (2400 2nd Ave.) on December 16, 2009. HARKLESS displayed a note and demanded money from the teller. He was apprehended following an investigation involving the Muscatine, Coralville, Iowa City, North Liberty police departments and the Black Hawk County Sheriff's Department. HARKLESS has previously pled guilty to four robberies in Johnson County, Iowa and has six counts of robbery pending in Black Hawk County. He will be transported to the Iowa Medical and Classification Center to begin serving his prison sentence once his Black Hawk County charges are resolved.
The Court sentenced HARKLESS to serve a prison term not to exceed ten years. HARKLESS will have to serve seven years of the sentence prior to parole eligibility. He was also fined $1,000 and ordered to pay restitution for the money stolen during the robbery.
HARKLESS had robbed a Central State Bank branch location at the Muscatine HyVee store (2400 2nd Ave.) on December 16, 2009. HARKLESS displayed a note and demanded money from the teller. He was apprehended following an investigation involving the Muscatine, Coralville, Iowa City, North Liberty police departments and the Black Hawk County Sheriff's Department. HARKLESS has previously pled guilty to four robberies in Johnson County, Iowa and has six counts of robbery pending in Black Hawk County. He will be transported to the Iowa Medical and Classification Center to begin serving his prison sentence once his Black Hawk County charges are resolved.
Friday, December 2, 2011
Former Muscatine High School paraeducator sentenced for sexual and alcohol offenses
Today, December 2, 2011, in Muscatine County District Court, BRANDON REIMERS, DOB: 5/11/1984, formerly of 226 E Second Street, Apt. 4, Muscatine, was sentenced for Sexual Abuse in the Third Degree, Sexual Exploitation by a School Employee, and Providing Alcohol to a Minor.
The Court imposed concurrent sentences for a total term of incarceration of not to exceed ten years. In addition upon release from prison REIMERS will be subject to supervised release as if on parole. He will also be subject to sex offender registry requirements.
The investigation by the Muscatine Police Department showed that REIMERS performed a sex act against a 15 year old student at a time when he was employed as a paraeducator with Muscatine Community School District. The investigation also showed that REIMERS used his position as a paraeducator to seek out his victim and that REIMERS provided alcohol to his victim.
"I am pleased with this result," said Muscatine County Attorney Alan Ostergren. "The Court's sentence reflected the seriousness of the crime and its effect on the victim," he continued. "As part of the disposition of the case I required REIMERS to surrender his paraeducator certificate," Ostergren added.
REIMERS was immediately taken into custody and will be transported to the Iowa Medical and Classification Center at Oakdale to commence his prison sentence.
The Court imposed concurrent sentences for a total term of incarceration of not to exceed ten years. In addition upon release from prison REIMERS will be subject to supervised release as if on parole. He will also be subject to sex offender registry requirements.
The investigation by the Muscatine Police Department showed that REIMERS performed a sex act against a 15 year old student at a time when he was employed as a paraeducator with Muscatine Community School District. The investigation also showed that REIMERS used his position as a paraeducator to seek out his victim and that REIMERS provided alcohol to his victim.
"I am pleased with this result," said Muscatine County Attorney Alan Ostergren. "The Court's sentence reflected the seriousness of the crime and its effect on the victim," he continued. "As part of the disposition of the case I required REIMERS to surrender his paraeducator certificate," Ostergren added.
REIMERS was immediately taken into custody and will be transported to the Iowa Medical and Classification Center at Oakdale to commence his prison sentence.
Fifty year prison sentence in Muscatine child sex abuse case
Today, December 2, 2011, in Muscatine County District Court KENNETH FREI (DOB: 9/9/1966) formerly of 502 E. Seventh Street, Apt. 2, Muscatine, was sentenced following his pleas of guilty to five counts of Lascivious Acts with a Child. The Court imposed consecutive prison sentences for a total term not to exceed fifty years. In addition, FREI will be subject to parole supervision for the remainder of his life upon release from prison. FREI will also be subject to sex offender registry requirements. FREI was transported to the Iowa Medical and Classification Center at Oakdale to commence his term of incarceration.
"This case represented an excellent example of a multi-disciplinary approach to the investigation of suspected child abuse," said Muscatine County Attorney Alan Ostergren. "Upon receiving the report Muscatine police worked closely with the Mississippi Valley Child Protection Center to obtain a forensically sound interview of the victim. This interview, in combination with the excellent work by the Muscatine Police Department, resulted in a strong case and a guilty plea from the suspect" he continued.
The Mississippi Valley Child Protection Center is located in Muscatine and provides resources for children and families who have been victimized by abuse. More information about the center and these issues can be found here.
"This case represented an excellent example of a multi-disciplinary approach to the investigation of suspected child abuse," said Muscatine County Attorney Alan Ostergren. "Upon receiving the report Muscatine police worked closely with the Mississippi Valley Child Protection Center to obtain a forensically sound interview of the victim. This interview, in combination with the excellent work by the Muscatine Police Department, resulted in a strong case and a guilty plea from the suspect" he continued.
The Mississippi Valley Child Protection Center is located in Muscatine and provides resources for children and families who have been victimized by abuse. More information about the center and these issues can be found here.
Wednesday, November 23, 2011
Guilty plea in marijuana delivery case
November 23, 2011:
RAMIRO CISNEROS, DOB: 1/10/1983, of Cicero, Illinois, pled guilty to Delivery of a Controlled Substance, marijuana. The offense is a class "D" felony. CISNEROS delivered approximately three pounds of marijuana during an undercover investigation by the Muscatine County Drug Task Force. The delivery occurred in May, 2010. CISNEROS will be sentenced December 30, 2011, at 9:00 a.m.
RAMIRO CISNEROS, DOB: 1/10/1983, of Cicero, Illinois, pled guilty to Delivery of a Controlled Substance, marijuana. The offense is a class "D" felony. CISNEROS delivered approximately three pounds of marijuana during an undercover investigation by the Muscatine County Drug Task Force. The delivery occurred in May, 2010. CISNEROS will be sentenced December 30, 2011, at 9:00 a.m.
Guilty plea in domestic abuse case
November 23, 2011:
Today in Muscatine County District Court JOSHUA LEI HOGUE, DOB: 9/29/1986, formerly of 218 Cook Street, Muscatine, was sentenced to two counts of domestic abuse assault - third or subsequent offense. HOGUE received concurrent sentences of incarceration for terms not to exceed five years on each count. He will be required to serve one year of the prison sentence before being eligible for parole. HOGUE was arrested by officers of the Muscatine Police Department on September 25, 2011, when they responded to his residence for a report that he had assaulted two family members.
Today in Muscatine County District Court JOSHUA LEI HOGUE, DOB: 9/29/1986, formerly of 218 Cook Street, Muscatine, was sentenced to two counts of domestic abuse assault - third or subsequent offense. HOGUE received concurrent sentences of incarceration for terms not to exceed five years on each count. He will be required to serve one year of the prison sentence before being eligible for parole. HOGUE was arrested by officers of the Muscatine Police Department on September 25, 2011, when they responded to his residence for a report that he had assaulted two family members.
Repeat sex offender registry violator sentenced to prison
November 23, 2011:
Today in Muscatine County District Court JEFFREY SLUTTS, DOB: 6/12/1987, was sentenced to two counts of violation of Iowa's sex offender registry law. The Court imposed concurrent sentences of incarceration of a term not to exceed five years imprisonment on each count.
SLUTTS had previously been convicted of violating the registry requirements in four prior cases. His arrest and prosecution was the result of an investigation by the Muscatine County Sheriff's Office. SLUTTS was subject to the registry due to having been adjudicated delinquent for a sexual abuse charge when he was 14 years of age.
Today in Muscatine County District Court JEFFREY SLUTTS, DOB: 6/12/1987, was sentenced to two counts of violation of Iowa's sex offender registry law. The Court imposed concurrent sentences of incarceration of a term not to exceed five years imprisonment on each count.
SLUTTS had previously been convicted of violating the registry requirements in four prior cases. His arrest and prosecution was the result of an investigation by the Muscatine County Sheriff's Office. SLUTTS was subject to the registry due to having been adjudicated delinquent for a sexual abuse charge when he was 14 years of age.
Thursday, November 17, 2011
Former Stockton city clerk sentenced
Today in Muscatine County District Court LARRY MCCOY was sentenced following his guilty plea to two counts of Theft in the First Degree, each a class "C" felony. The court imposed suspended sentences of incarceration and placed MCCOY on probation for five years. The court also ordered MCCOY to pay $ 40,125.68 in restitution.
As part of the plea agreement, MCCOY paid $5,000 towards his restitution obligation immediately upon being sentenced. This money will be sent by the clerk of court to the City of Stockton.
"Mr. MCCOY has a 20 prison sentence hanging over his head to encourage him to make full restitution," said Muscatine County Attorney Alan Ostergren. "My primary objectives are to hold him accountable and get Stockton taxpayers repaid. As of today he is a convicted felon and has a probation officer monitoring everything he does so that restitution will be paid in full," he continued.
MCCOY will be required to make regular restitution payments to the City of Stockton while he is on probation. Iowa law requires the restitution to be paid in full.
The prosecution of MCCOY was the result of an audit conducted by the Audior of State's office.
As part of the plea agreement, MCCOY paid $5,000 towards his restitution obligation immediately upon being sentenced. This money will be sent by the clerk of court to the City of Stockton.
"Mr. MCCOY has a 20 prison sentence hanging over his head to encourage him to make full restitution," said Muscatine County Attorney Alan Ostergren. "My primary objectives are to hold him accountable and get Stockton taxpayers repaid. As of today he is a convicted felon and has a probation officer monitoring everything he does so that restitution will be paid in full," he continued.
MCCOY will be required to make regular restitution payments to the City of Stockton while he is on probation. Iowa law requires the restitution to be paid in full.
The prosecution of MCCOY was the result of an audit conducted by the Audior of State's office.
Friday, October 28, 2011
Teenager sentenced to prison for sex offense
Today, October 28, 2011, in Muscatine County District Court a sentencing hearing was held concerning Fredrico GUILLEN (DOB: 10/27/1994) of 110 Liberty Street, Conesville. GUILLEN had pleaded guilty to Lascivious Acts with a Child, a class "C" felony. GUILLEN was arrested by the Muscatine County Sheriff's Department following an investigation into an incident on February 23, 2011.
Muscatine County District Judge Nancy Tabor sentenced GUILLEN to serve a prison sentence of an indeterminate term not to exceed ten years. The judge also ordered that upon release from prison GUILLEN will be on supervised release as if on parole for the remainder of his life. In passing sentence the Court particularly noted the nature of the offense and the defendant's history of sexual aggression in school.
"I am very pleased with this result," said Muscatine County Attorney Alan Ostergren. "This defendant was a serious threat to the community. He forcibly raped a child under the age of 12. Justice was served," he continued.
GUILLEN was ordered transported to the Iowa Medical and Classification Center at Oakdale to begin serving his sentence.
Muscatine County District Judge Nancy Tabor sentenced GUILLEN to serve a prison sentence of an indeterminate term not to exceed ten years. The judge also ordered that upon release from prison GUILLEN will be on supervised release as if on parole for the remainder of his life. In passing sentence the Court particularly noted the nature of the offense and the defendant's history of sexual aggression in school.
"I am very pleased with this result," said Muscatine County Attorney Alan Ostergren. "This defendant was a serious threat to the community. He forcibly raped a child under the age of 12. Justice was served," he continued.
GUILLEN was ordered transported to the Iowa Medical and Classification Center at Oakdale to begin serving his sentence.
Guilty pleas entered
Eli BROWN (DOB: 3/6/1987) of 1116 Kansas Street, Muscatine, pleaded guilty today (10/28/2011) to two counts of Delivery of a Controlled Substance, marijuana. BROWN was arrested following an investigation by the Muscatine County Drug Task Force where he sold marijuana on two separate occasions.
Also today:
Joseph MENKE (DOB: 8/29/1989) of no known address, pleaded guilty today to Criminal Mischief in the Second Degree. The defendant was arrested August 27, 2011, by the Muscatine Police Department after damaging motor vehicles in the area of Seventh and Chestnut streets.
Anthony VAUGHT (DOB: 5/23/1993) of 309 Commerce Street, Stockton pleaded guilty to the following offenses:
The defendants will be sentenced at a later date. Their specific sentencing dates are not yet available.
Also today:
Joseph MENKE (DOB: 8/29/1989) of no known address, pleaded guilty today to Criminal Mischief in the Second Degree. The defendant was arrested August 27, 2011, by the Muscatine Police Department after damaging motor vehicles in the area of Seventh and Chestnut streets.
Anthony VAUGHT (DOB: 5/23/1993) of 309 Commerce Street, Stockton pleaded guilty to the following offenses:
- Four counts Operation of a Motor Vehicle without Owner's Consent;
- Three counts Burglary in the Third Degree (Motor Vehicle);
- One count Buglary in the Third Degree; and
- One count Operating While Intoxicated.
The defendants will be sentenced at a later date. Their specific sentencing dates are not yet available.
Wednesday, October 26, 2011
Guilty plea in sexual abuse case
Today, October 26, 2011, in Muscatine County District Court James Clark FORRESTER, Jr. (DOB: 2/4/1959) of 318 E. 3rd Street, Apt. 3, Muscatine, pleaded guilty to Sexual Abuse in the Third Degree and Tampering with a Witness. FORRESTER admitted to performing a sex act by force and against the will of the victim. He also admitted to threatening the victim to prevent the victim from coming forward to law enforcement.
The prosecution of FORRESTER was the result of an investigation by the Muscatine Police Department. He faces a prison term of twelve years followed by lifetime parole when he is sentenced on December 16, 2011, at 9:00 a.m. He is being held without bond in the Muscatine County Jail awaiting sentencing.
The prosecution of FORRESTER was the result of an investigation by the Muscatine Police Department. He faces a prison term of twelve years followed by lifetime parole when he is sentenced on December 16, 2011, at 9:00 a.m. He is being held without bond in the Muscatine County Jail awaiting sentencing.
Friday, October 21, 2011
Four sentenced in Muscatine County District Court
The following sentencings occurred today, October 21, 2011, in Muscatine County District Court:
Joan LANE (DOB: 9/17/1955), of 1615 Willow Street, Muscatine, was sentenced after pleading guilty to Theft in the First Degree, a class “C” felony. The Court granted LANE’s request for a deferred judgment and placed her on probation for a term of two years. As a condition of LANE’s guilty plea she had paid victim restitution in full. The arrest of LANE was the result of an investigation by the Muscatine Police Department into embezzlement by LANE while she served as the treasurer of a homeowners association. The investigation showed that she misappropriated approximately $14,000.
Joey GUILLEN (DOB: 1/7/1993), of 110 Liberty Street, Conesville, was sentenced after pleading guilty to Going Armed with Intent, a class “D” felony. The Court granted GUILLEN a deferred judgment and placed him on probation for a term of two years. As a condition of probation GUILLEN will be required to successfully complete the Residential Correctional Facility program and will be held in jail until bedspace is available for admission to the program. GUILLEN was arrested by the Conesville Police Department after an incident on July 14, 2011, where he threatened another individual with a hammer and a knife.
KELLY LICK (DOB: 4/6/1980), of 629 Maple, Muscatine, was sentenced after pleading guilty to two counts of Unlawful Procurement of a Prescription Drug, each a class “C” felony punishable by imprisonment for a term not to exceed ten years. The Court granted LICK a deferred judgment and placed her on probation. LICK was arrested following an investigation by the Muscatine Police Department into acts whereby she obtained prescription narcotics under false pretenses.
HERMALINDA HERNANDEZ-AGUILAR (DOB: 12/27/1957) of 1091 Ripley Court, was sentenced after pleading guilty to Possession of a Controlled Substance with Intent to Deliver, a class “D” felony. The defendant had accepted a parcel which contained a distribution quantity of marijuana with the intent to distribute it to other individuals. Her arrest was the result of an investigation by the Muscatine County Drug Task Force. The Court imposed a suspended sentence of incarceration for a term not to exceed five years and placed her on supervised probation. She will be handed over to the US Immigration and Customs Enforcement Service under an immigration detainer.
Monday, October 17, 2011
Muscatine police arrest man for attempt to commit murder
Today, October 17, 2011, Muscatine police arrested TRAVIS BECK, DOB 9/1/1980, of 3470 Hwy 61 N., Muscatine and charged him with Attempt to Commit Murder for an incident on October 15, 2011. The complaint alleges that BECK stabbed Chad Johnson multiple times in the back and chest with a pocket knife while in the 400 block of Green Street in Muscatine. BECK was arrested without incident.
The victim was transported by Muscatine Fire Department to Trinity Hospital, Muscatine. He was then transported to the University of Iowa Hospitals and Clinics for emergency surgery for his wounds. The victim is expected to recover from his injuries.
BECK will be held in the Muscatine County Jail without bond pending his appearance tomorrow at 9:00 a.m. before a judge at the Muscatine County Courthouse. If convicted of the offense BECK would face a mandatory prison sentence for a term not to exceed 25 years.
The charge against BECK is merely an accusation. He is presumed to be innocent.
The victim was transported by Muscatine Fire Department to Trinity Hospital, Muscatine. He was then transported to the University of Iowa Hospitals and Clinics for emergency surgery for his wounds. The victim is expected to recover from his injuries.
BECK will be held in the Muscatine County Jail without bond pending his appearance tomorrow at 9:00 a.m. before a judge at the Muscatine County Courthouse. If convicted of the offense BECK would face a mandatory prison sentence for a term not to exceed 25 years.
The charge against BECK is merely an accusation. He is presumed to be innocent.
Friday, October 14, 2011
Former Muscatine High School paraeducator pleads guilty to sexual and alcohol offenses
Today in Muscatine County District Court BRANDON REIMERS (DOB: 5/11/1984) of 2191 Seven Springs Road, Muscatine, pleaded guilty to Sexual Abuse in the Third Degree, Sexual Exploitation by a School Employee, and Providing Alcohol to a Minor. REIMERS faces a maximum prison sentence of not to exceed sixteen years when he is sentenced December 2, 2011, at 9:15 a.m.
Investigation by the Muscatine Police Department had shown that REIMERS, who was employed as a paraeducator by the Muscatine Community School District, had sexually abused and provided alcohol to a student. REIMERS had been employed at Muscatine High School.
"I am very pleased with this result," said Muscatine County Attorney Alan Ostergren. "The defendant will be held accountable for his actions and the betrayal of trust which occurred. Sexual offenses committed by persons in a position of trust is something I take very seriously," he continued.
As a specific condition of REIMERS' guilty plea he will be required to surrender his Iowa paraeducator certificate before sentencing.
Investigation by the Muscatine Police Department had shown that REIMERS, who was employed as a paraeducator by the Muscatine Community School District, had sexually abused and provided alcohol to a student. REIMERS had been employed at Muscatine High School.
"I am very pleased with this result," said Muscatine County Attorney Alan Ostergren. "The defendant will be held accountable for his actions and the betrayal of trust which occurred. Sexual offenses committed by persons in a position of trust is something I take very seriously," he continued.
As a specific condition of REIMERS' guilty plea he will be required to surrender his Iowa paraeducator certificate before sentencing.
Muscatine man pleads guilty to sexual offenses against child
Today in Muscatine County District Court KENNETH FREI (DOB 9/9/1966) of 502 E. Seventh Street, Apt. 2, Muscatine, pleaded guilty to five counts of Lascivious Acts with a Child, each a class "C" felony. FREI was arrested following an investigation by the Muscatine Police Department.
FREI's plea agreement calls for him to receive consecutive terms of incarceration for a total prison term of not to exceed 50 years. Following release from prison FREI will be under parole supervision for the remainder of his life and will be required to register as a sex offender.
FREI's plea agreement calls for him to receive consecutive terms of incarceration for a total prison term of not to exceed 50 years. Following release from prison FREI will be under parole supervision for the remainder of his life and will be required to register as a sex offender.
Four sentenced for drug offenses
The following sentencings occurred today in Muscatine County District Court, the Hon. John Telleen presiding:
JENNIFER ARP (DOB: 9/20/1967) of 1398 Ripley Court, Muscatine, was sentenced after pleading guilty to Unlawful Procurement of a Prescription Drug, a class "C" felony. ARP received a deferred judgment and was placed on supervised probation. A civil penalty of $1,000 was imposed. As a condition of her plea agreement she agreed to not seek to reinstate her nursing license while on probation. The prosecution of ARP was the result of an investigation by the Iowa Division of Inspections and Appeals.
MICHAEL COULTER (DOB: 2/8/1973) of 1411 New Hampshire Street, Muscatine, was sentenced after pleading guilty to Delivery of a Controlled Substance, a class "D" felony. COULTER received a suspended five year prison sentence and placed on supervised probation. COULTER was arrested following an investigation by the Muscatine County Drug Task Force in which he sold approximately four ounces marijuana.
LAVELLE MARVELL-MORROW (DOB 8/7/1992) of Davenport, Iowa was sentenced after pleading guilty to Possession of a Controlled Substance with Intent to Deliver. MARVELL-MORROW received a deferred judgment and was placed on supervised probation. He was ordered to pay a $750 civil penalty. He was arrested by a Muscatine County Sheriff's Deputy after a traffic stop revealed that he was in possession of approximately 36 grams of marijuana.
ANDREW TESHAK (DOB 12/29/1990) of Davenport, Iowa was sentenced after pleading guilty to Possession of a Controlled Substance with Intent to Deliver. TESHAK received a deferred judgment and was placed on supervised probation. He was ordered to pay a $750 civil penalty. He was arrested by a Muscatine County Sheriff's Deputy after a traffic stop revealed that he was in possession of approximately 25grams of marijuana.
JENNIFER ARP (DOB: 9/20/1967) of 1398 Ripley Court, Muscatine, was sentenced after pleading guilty to Unlawful Procurement of a Prescription Drug, a class "C" felony. ARP received a deferred judgment and was placed on supervised probation. A civil penalty of $1,000 was imposed. As a condition of her plea agreement she agreed to not seek to reinstate her nursing license while on probation. The prosecution of ARP was the result of an investigation by the Iowa Division of Inspections and Appeals.
MICHAEL COULTER (DOB: 2/8/1973) of 1411 New Hampshire Street, Muscatine, was sentenced after pleading guilty to Delivery of a Controlled Substance, a class "D" felony. COULTER received a suspended five year prison sentence and placed on supervised probation. COULTER was arrested following an investigation by the Muscatine County Drug Task Force in which he sold approximately four ounces marijuana.
LAVELLE MARVELL-MORROW (DOB 8/7/1992) of Davenport, Iowa was sentenced after pleading guilty to Possession of a Controlled Substance with Intent to Deliver. MARVELL-MORROW received a deferred judgment and was placed on supervised probation. He was ordered to pay a $750 civil penalty. He was arrested by a Muscatine County Sheriff's Deputy after a traffic stop revealed that he was in possession of approximately 36 grams of marijuana.
ANDREW TESHAK (DOB 12/29/1990) of Davenport, Iowa was sentenced after pleading guilty to Possession of a Controlled Substance with Intent to Deliver. TESHAK received a deferred judgment and was placed on supervised probation. He was ordered to pay a $750 civil penalty. He was arrested by a Muscatine County Sheriff's Deputy after a traffic stop revealed that he was in possession of approximately 25grams of marijuana.
Tuesday, October 11, 2011
October is Domestic Violence Awareness Month
October is Domestic Violence Awareness Month. Our office is supporting the effort to increase awareness of this important issue. Unfortunately domestic abuse is a significant portion of our criminal docket. The cases are difficult to prosecute because of the intense interpersonal relationship between offender and victim. Raising awareness and support in the community is a key part of our success in using the criminal justice system to help victims be safe.
If you'd like more information on Domestic Violence Awareness Month you can click here. Local resources exist for domestic abuse victims. Learn more about them by clicking here.
If you'd like more information on Domestic Violence Awareness Month you can click here. Local resources exist for domestic abuse victims. Learn more about them by clicking here.
Friday, October 7, 2011
Man sentenced for forgery
Richard WILLIAMS, (DOB: 1/22/1983, of 1112 East 2nd Street, Muscatine) was sentenced today after pleading guilty to forgery, a class "D" felony. The Court suspended a prison sentence of a term not to exceed five years and ordered the defendant placed at a residential correctional facility. The Court also ordered the defendant to pay victim restitution.
The arrest and prosecution of WILLIAMS was the result of an investigation by the Muscatine Police Department.
The arrest and prosecution of WILLIAMS was the result of an investigation by the Muscatine Police Department.
Domestic abuser sentenced to prison
Today, October 7, 2011, in Muscatine County District Court the Hon. Paul Macek sentenced Agustin TORRES (DOB: 8/31/1975, of 603 E. 9th Street, Muscatine) following his guilty plea to Domestic Abuse Assault (Third Offense). The Court ordered TORRES to serve an indeterminate term of incarceration of not to exceed five years. The defendant will be required to serve a one year mandatory minimum term of incarceration before being eligible for parole.
TORRES was arrested March 12, 2011, following an investigation by the Muscatine Police Department.
The Court also revoked TORRES' probation for the felony offense of forgery and imposed a previously suspended five year prison sentence.
TORRES was arrested March 12, 2011, following an investigation by the Muscatine Police Department.
The Court also revoked TORRES' probation for the felony offense of forgery and imposed a previously suspended five year prison sentence.
Man sentenced for drug trafficking
Joshua PLETT, DOB: 1/1/1981, of 1103 Iowa Avenue, Muscatine, was sentenced after pleading guilty to two counts of delivery of a controlled substance, each a class "D" felony. The Court granted the defendant's request for a deferred judgment and placed the defendant on probation. The arrest and prosecution of PLETT was the result of an investigation by the Muscatine County Drug Task Force where he sold an ounce of marijuana on two separate occasions in April, 2011.
The sentencing occurred October 7, 2011, before Muscatine County District Judge Paul Macek.
The sentencing occurred October 7, 2011, before Muscatine County District Judge Paul Macek.
Friday, September 30, 2011
Maynard, Iowa man pleads guilty to sexual offense
Today a guilty plea was entered by MICHAEL KOUT, DOB: 2/25/1970, of Maynard, Iowa to the offense of Lascivious Acts with a Child, a class "C" felony punishable by imprisonment for a term not to exceed ten years and a fine of $1,000 to $10,000. KOUT was arrested after an investigation by the Muscatine Police Department and the Iowa Department of Human Services.
KOUT will be sentenced November 17, 2011, at 9:15 a.m.
KOUT will be sentenced November 17, 2011, at 9:15 a.m.
Woman pleads guilty to drug trafficking offense
Today, HERMELINDA HERNANDEZ AGUILAR, DOB: 12/12/1957, of 1091 Ripley Court, Muscatine, pleaded guilty to Possession of a Controlled Substance with Intent to Deliver, a class "D" felony punishable by imprisonment for a term not to exceed five years and a fine of $750 to $7,500. AGUILAR admitted to having received a US mail package containing approximately eleven pounds of marijuana. AGUILAR was arrested by agents of the Muscatine County Drug Task Force who had intercepted the package and conducted a controlled delivery of it to her.
AGUILAR will be sentenced October 21, 2011, at 10:00 a.m.
AGUILAR will be sentenced October 21, 2011, at 10:00 a.m.
Muscatine man sentenced for burglary and theft.
STEPHEN STERNER, DOB: 10-31-1989, of 518 W 3rd Street, Muscatine, was sentenced after pleading guilty to Burglary in the Third Degree and Theft in the Third Degree. The Court, the Hon. Thomas Reidel presiding, sentenced STERNER to concurrent terms of incarceration (of five and two years respectively) but suspended the prison sentences. The Court placed STERNER on supervised probation, ordered he complete the Residential Correctional Facility program under the Seventh Judicial District Department of Correctional Services and ordered that he be held in jail pending a bed space at the facility. He was also ordered to pay victim restitution.
The arrest and prosecution of STERNER was the result of an investigation by the Muscatine Police Department.
The arrest and prosecution of STERNER was the result of an investigation by the Muscatine Police Department.
Wednesday, September 28, 2011
Protecting yourself from door-to-door sales scams
We occasionally get calls in our office complaining about door-to-door sales scams. These scams are limited only by the imagination of the scammer. A very common scam involves asphalting or sealcoating pavement. The scammers will show up at your door and say that they have leftover material from another job and want to sell it at a low price - but they need to do it now. They dump inferior product (or sometimes just waste oil), take your money, and leave.
There are some important things you should know about this issue.
First, know who you are dealing with. Is this a business with a local address? Do they have business cards, brochures, or other normal business documents? Does the address on their documents match the state of issue for their license plates? Do they have a local phone number?
Iowa law requires merchants from outside the state who come in to sell goods and services to register with the Secretary of State. If you suspect the person is a scammer - ask to see his transient merchant license. If they don't have one call your local law enforcement agency to report it.
Second, know your rights. Door to door sales require the merchant to provide you with a three day right of rescission. That means you get to break the contract with no penalty for three days. If the asphalt contractor wants you to sign an agreement which doesn't have a rescission notice in it - it is a scam. Don't sign!
Third, get it in writing. A reputable contractor will specify in writing the work he will do and the price it will cost. Many disputes and scams can be avoided by this simple requirement. It is tempting to think at the beginning of an agreement that everything will work out fine and you can trust the other person. The easiest person to trust is the one who puts it all on paper ahead of time.
There are criminal penalties for failing to have a transient merchant license, but all too often, law enforcement finds out about these door-to-door scams too late. This summer the Muscatine County Sheriff's Department spent a great deal of time chasing suspected scammers. If you think that someone is breaking the law please contact law enforcement right away. We can't be everywhere at once - we need the public to help us.
There are some important things you should know about this issue.
First, know who you are dealing with. Is this a business with a local address? Do they have business cards, brochures, or other normal business documents? Does the address on their documents match the state of issue for their license plates? Do they have a local phone number?
Iowa law requires merchants from outside the state who come in to sell goods and services to register with the Secretary of State. If you suspect the person is a scammer - ask to see his transient merchant license. If they don't have one call your local law enforcement agency to report it.
Second, know your rights. Door to door sales require the merchant to provide you with a three day right of rescission. That means you get to break the contract with no penalty for three days. If the asphalt contractor wants you to sign an agreement which doesn't have a rescission notice in it - it is a scam. Don't sign!
Third, get it in writing. A reputable contractor will specify in writing the work he will do and the price it will cost. Many disputes and scams can be avoided by this simple requirement. It is tempting to think at the beginning of an agreement that everything will work out fine and you can trust the other person. The easiest person to trust is the one who puts it all on paper ahead of time.
There are criminal penalties for failing to have a transient merchant license, but all too often, law enforcement finds out about these door-to-door scams too late. This summer the Muscatine County Sheriff's Department spent a great deal of time chasing suspected scammers. If you think that someone is breaking the law please contact law enforcement right away. We can't be everywhere at once - we need the public to help us.
Tuesday, September 27, 2011
So, what does the County Attorney do anyway?
It's not like you see on TV. Although crime dramas featuring prosecutors are common on television I find that many people don't really understand what their County Attorney does. (One thing that is for certain we - unlike TV prosecutors - work on more than one case at a time).
Here are the highlights:
Prosecute criminal cases. This is the primary job of the County Attorney. Our office prosecutes every violation of state law occurring in Muscatine County. We also prosecute violations of county ordinances. Lawyers from the County Attorney's Office are in court every day on criminal cases - about 1400 indictable offenses per year.
Represent the state in juvenile court. We present evidence on behalf of the Department of Human Services in child welfare and termination of parental rights cases. The County Attorney's duty is to protect children by advocating for the DHS's position. We also are the prosecutor in juvenile delinquency cases.
Represent the county and its officials. A governmental body has the same legal issues that many corporations would have. We enter into contracts to buy goods and services - these are reviewed by our office. Sometimes we have employment or labor law questions that need to be answered. The county also has a number of civil law issues which are specific to government: zoning enforcement, tax assessment appeals, and condemnation for road projects are all good examples.
There are a large number of other statutory duties of the County Attorney. If you're interested you can look here.
One thing our office does not do is provide legal advice to the public. We get calls on a daily basis from people who are asking about their personal legal problems: landlord/tenant, consumer issues, domestic relations, etc. By law we cannot give advice in these situations - after all the person you are having the dispute is probably a county resident too. For these types of issues we tell people to seek the advice of a private attorney.
Here are the highlights:
Prosecute criminal cases. This is the primary job of the County Attorney. Our office prosecutes every violation of state law occurring in Muscatine County. We also prosecute violations of county ordinances. Lawyers from the County Attorney's Office are in court every day on criminal cases - about 1400 indictable offenses per year.
Represent the state in juvenile court. We present evidence on behalf of the Department of Human Services in child welfare and termination of parental rights cases. The County Attorney's duty is to protect children by advocating for the DHS's position. We also are the prosecutor in juvenile delinquency cases.
Represent the county and its officials. A governmental body has the same legal issues that many corporations would have. We enter into contracts to buy goods and services - these are reviewed by our office. Sometimes we have employment or labor law questions that need to be answered. The county also has a number of civil law issues which are specific to government: zoning enforcement, tax assessment appeals, and condemnation for road projects are all good examples.
There are a large number of other statutory duties of the County Attorney. If you're interested you can look here.
One thing our office does not do is provide legal advice to the public. We get calls on a daily basis from people who are asking about their personal legal problems: landlord/tenant, consumer issues, domestic relations, etc. By law we cannot give advice in these situations - after all the person you are having the dispute is probably a county resident too. For these types of issues we tell people to seek the advice of a private attorney.
Monday, September 26, 2011
Former Stockton city clerk pleads guilty
On September 23, 2011, the following occurred:
LAWRENCE MCCOY, DOB: 12/22/1957, of 1110 7th St., Durant, pleaded guilty to two counts of Theft in the First Degree. Each charge is a class “C” felony. MCCOY admitted to embezzlement from the City of Stockton, Iowa while employed as the City Clerk.
County Attorney Ostergren had the following statement:
“The defendant admitted to the theft of over $40,000 from the City of Stockton. Although the State Auditor’s report found additional expenditures which were not supported by proper documentation, that was the amount of funds we could prove that the defendant personally took.
“The plea agreement with Mr. McCoy requires that he make full restitution for his crimes and that he must make an initial restitution payment of $5,000 at sentencing. I am committed to using the tools of the criminal justice system to get the taxpayers of Stockton fully repaid. I would like to thank the office of State Auditor David Vaudt for its thorough investigation which allowed this case to be successfully resolved.”
MCCOY will be sentenced November 17, 2011, at 9:00 a.m.
Guilty pleas entered
These guilty pleas were entered September 23, 2011:
MISTY DAWN STALEY, DOB: 1/10/1981, of 843 Newell, Muscatine, pleaded guilty to Delivery of a Controlled Substance, a class “C” felony, following an investigation by the Muscatine County Drug Task Force. STALEY sold ten hydrocodone tablets to an informant working under the control of the task force. STALEY will be sentenced November 10, 2011, at 9:45 a.m.
ROBERTO CAMPOS, DOB: 4/24/1993, formerly of 407 ½ Ijem Ave., Nichols, pleaded guilty to Delivery of a Controlled Substance, a class “C” felony, following an investigation by the Muscatine County Drug Task Force. CAMPOS sold methamphetamine to an undercover agent. CAMPOS will be sentenced November 10, 2011, at 9:30 a.m.
Sentencings
PATRICK BURNS, DOB: 7/20/1974, formerly of 317 W 3rd St., Muscatine, was sentenced following his guilty pleas to the following offenses:
Driving While Barred – aggravated misdemeanor
Two counts Delivery of a Controlled Substance – class “C” felonies
Burglary in the Third Degree – class “D” felony
Theft in the Third Degree – aggravated misdemeanor
The charges against BURNS were the result of investigations by the Muscatine Police Department and the Muscatine County Drug Task Force. BURNS received a total prison sentence for a term not to exceed ten years.
JEROMY HAFNER, DOB: 5/13/1972, of 600 South Nebraska St., Letts, was sentenced following his guilty pleas to Sexual Abuse in the Third Degree, a class “C” felony, and Supplying Alcohol to a Minor, a serious misdemeanor. An investigation by the Iowa Division of Criminal Investigation led to HAFNER’s arrest on March 30, 2011, for the sexual abuse of a minor during the summer of 2008.
The Court sentenced HAFNER to consecutive terms of incarceration for a total term not to exceed eleven years. The Court also imposed a fine totaling $11,875. HAFNER will be on supervised release as if on parole for the remainder of his life once he completes his term of incarceration.
These sentencings occurred September 23, 2011
Welcome to the new Muscatine County Attorney blog!
I've started this blog as a way to get more information to the public about what happens in the criminal justice system in Muscatine County. I'll post press releases on criminal cases as well as other information that you'll find useful.
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