Brothers plead guilty to drug, firearm charges

Today, November 12, 2013, in Muscatine County District Court:

JUAN GARCES (DOB: 7/7/1987) of Des Moines, Iowa, pled guilty to Possession of a Controlled Substance with Intent to Deliver and Drug Tax Stamp Violation. The possession charge carried with it a sentencing enhancement due to him being in possession of a firearm while in possession of the controlled substances. His brother, JORDAN GARCES (DOB: 5/17/1993) of Des Moines, Iowa also pled guilty to Possession of a Controlled Substance with Intent to Deliver.

The charges came following a traffic stop on August 23, 2013, by a Muscatine County Sheriff's Deputy. Investigation at the scene showed that the brothers were in possession of a distribution quantity of methamphetamine and a firearm.

JUAN GARCES was sentenced to an indeterminate term of not to exceed 25 years. The sentencing of JORDAN GARCES will be December 20, 2013, at 10:00 a.m.



JUAN GARCES:

JORDAN GARCES:

Public's assistance requested in locating fugitive from justice

Muscatine County Attorney Alan R. Ostergren announced today that an arrest warrant has been issued for JONATHAN BUCIO-GONZALEZ (DOB: 9/10/1980) for failing to appear at a jury trial for three counts of Sexual Abuse in the Second Degree. The jury trial was to have commenced today, November 12, 2013. Persons with information about the location of BUCIO-GONZALEZ should call the Muscatine Police Department at (563) 263-9922. A photo of BUCIO-GONZALEZ appears below:

Updated 11/12/13 at 4:16 p.m. to correct spelling of last name.

Marshalltown man pleads guilty to sexual abuse

Today, November 8, 2013, in Muscatine County District Court:

WILLIAM HARTLEY (DOB: 10/3/1973) of Marshalltown, Iowa, pled guilty to two counts of Sexual Abuse in the Third Degree. Investigation by the Muscatine Police Department showed that in 2009 the defendant forced a twelve year old girl to perform sex acts on him. The defendant had resided in Muscatine at the time. HARTLEY will be sentenced December 20, 2013, at 9:00 a.m.

In other cases:

BRIAN HOWELL (DOB: 6/3/1962) of Ely, Iowa, was sentenced for the offenses of Eluding a Pursuing Law Enforcement Vehicle, Possession of a Controlled Substance, and Driving While Revoked. The Court imposed concurrent prison sentences for a total term of not to exceed five years imprisonment. HOWELL was arrested after attempting to flee from an Atalissa police officer who sought to stop his vehicle for a traffic violation. Upon the end of the pursuit the officer discovered that HOWELL had methamphetamine in his possession and that his driver's license was revoked due to a prior conviction for Operating While Intoxicated.

JOSEPH PATTERSON (DOB: 8/13/1994) of Nichols, Iowa, pled guilty to Criminal Mischief in the Second Degree. An investigation by the West Liberty Police Department showed that he, along with two other individuals, had been involved in shooting out the windows of numerous motor vehicles in West Liberty on August 15, 2013. He will be sentenced December 20, 2013, at 9:30 a.m.

Guilty plea in felony assault, witness tampering case

Today, November 1, 2013, in Muscatine County District Court, Phillip AHRENS (DOB: 6/6/1990) pled guilty to Assault Resulting in Serious Injury and Conspiracy to Commit Tampering with a Witness.

The assault charge against AHRENS resulted from an incident on July 31, 2013, in Muscatine when he struck and kicked a female. The female victim suffered a fractured orbit and bleeding on the brain as a result of the attack.

While in custody on the assault charge AHRENS conspired with another person to tamper with witnesses in an effort to get them to provide false information to law enforcement and the courts.

"I am very pleased with this guilty plea," said Muscatine County Attorney Alan Ostergren. "After viciously assaulting the victim the defendant then assaulted the rule of law by attempting to get people to lie on his behalf," he continued.

AHRENS will be sentenced December 6, 2013, at 9:15 a.m. "We intend to ask the court for the maximum seven year prison term," said Ostergren.

The arrest and prosecution of AHRENS was the result of an investigation by the Muscatine Police Department, Street Crimes Unit. "The police officers in this case did outstanding work," said Ostergren. "They went above and beyond - both to make the original case and to break up his efforts to tamper with witnesses," added Ostergren.

Muscatine County District Court - 9/27/2013

ABIGAIL SOJKA, (DOB: 7/23/1989), of Arlington Heights, IL, pled guilty to Eluding a Pursuing Law Enforcement Vehicle and Operating While Intoxicated. On July 6, 2013, a Muscatine County Sheriff's Deputy observed SOJKA operating a vehicle in Muscatine at a high rate of speed. When the deputy attempted a traffic stop the driver attempted to elude the deputy. The driver eventually stopped and was determined to be under the influence of alcohol. SOJKA will be sentenced at a later date.


BRIAN HOWELL, (DOB: 6/3/1962), of Ely, IA, pled guilty to Eluding a Pursuing Law Enforcement Vehicl, Possession of a Controlled Substance, and Driving While Revoked. On July 28, 2013, an Atalissa Police Officer attempted to stop his vehicle for an equipment violation.The driver fled and then crashed his vehicle. Subsequent investigation identified HOWELL as the driver. Methamphetamine was found in the vehicle. His driving privileges were revoked at the time of the incident. HOWELL will be sentenced November 8, 2013, at 9:00 a.m.


TRENTIN GRANT, (DOB: 11/19/1983), of Davenport, IA, was sentenced after pleading guilty to Burglary in the Third Degree. The Court imposed a sentence of imprisonment for a term not to exceed five years. Investigation by the Muscatine Police Department showed that GRANT had burglarized a residence on June 14, 2013.

Muscatine County District Court - 9/20/2013

ERNESTO OROZCO, (DOB: 6/25/1990), of Muscatine, was sentenced for Criminal Mischief in the Second Degree. He received a deferred judgment and was placed on supervised probation for two years and ordered to pay restitution. Investigation by the Muscatine County Sheriff's Office showed that OROZCO damaged a motor vehicle owned by his girlfriend.


BONNIE HUDSON, (DOB: 7/2/1980), of Muscatine, pled guilty to Delivery of a Controlled Substance. Investigation by the Muscatine County Drug Task Force showed that HUDSON delivered the prescription drug Xanax to an informant. She will be sentenced on November 1, 2013, at 9:30 a.m.


GEOFF MCVAY, (DOB: 7/1/1981), of Norway, Iowa, pled guilty to Delivery of a Simulated Controlled Substance. During an investigation by the Muscatine County Drug Task Force he sold simulated heroin to an undercover detective. MCVAY will be sentenced November 1, 2013, at 9:15 a.m.

Muscatine County District Court - 9/13/2013

MANUEL NUNEZ (DOB: 6/28/1981), of Muscatine, was sentenced following his guilty plea to burglary in the second degree and domestic abuse assault while displaying a weapon. Investigation by the Muscatine Police Department showed that NUNEZ entered the residence of a former girlfriend and during an argument picked up a kitchen knife. The Court suspended a ten year prison sentence on the burglary charge and imposed a 187 day jail sentence with 180 days suspended on the assault charge.


MADISON PRUISNER (DOB: 3/4/1994), of Muscatine, pled guilty to three counts of criminal mischief in the second degree. Investigation by the Muscatine Police Department showed that PRUISNER defaced three different motor vehicles parked at Muscatine High School. In each case the damage was in excess of $1,000. PRUISNER will be sentenced October 25, 2013, at 9:00 a.m.


DARCI HUDSON (DOB: 3/24/1983), of Muscatine, pled guilty to delivery of a controlled substance. Investigation by the Muscatine County Drug Task Force showed that HUDSON has sold the prescription drug Adderall to a confidential informant. HUDSON will be sentenced October 25, 2013, at 9:15 a.m.

Muscatine County District Court - 8/30/2013

RYAN LARUE (DOB: 5/14/1985), of Muscatine, was sentenced following his guilty plea to Domestic Abuse Assault, a class "D" felony and Driving While Barred, an aggravated misdemeanor. Investigation by the Muscatine Police Department showed that LARUE had choked the mother of his minor child and then driven away from the residence while he was barred from driving. He was sentenced to concurrent prison terms of not to exceed five and two years respectively.

ISAIAH RODRIGUEZ (DOB: 7/6/1960), of West Liberty, pled guilty to two counts of Lascivious Acts with a Child, each a class "C" felony. Investigation by the West Liberty Police Department showed that he had sexual contact with a minor child on two separate occasions. He will be sentenced October 11.


LANELL FARROW (DOB: 10/27/1978), of Muscatine, was sentenced following his guilty plea to Forgery, a class "D" felony. Investigation by the Muscatine Police Department showed that he altered a money order and received cash. The court deferred judgment and placed him on supervised probation for a period of two years. He was ordered to pay restitution.


ALEXANDER BROWN (DOB: 8/30/1983), of Muscatine, admitted to violating the term of probation previously entered for Burglary in the Third Degree and Unlawful Possession of a Prescription Drug. The Court revoked his deferred judgment and entered judgment on the burglary charge. On the prescription drug charge the court imposed a 180 day jail sentence.


AGUSTIN HERNANDEZ, JR. (DOB: 6/16/1994), of Muscatine, pled guilty to two separate cases charging him with the Unlawful Possession of a Firearm. HERNANDEZ had been adjudicated delinquent as a juvenile for Burglary in the Third Degree. In the first case an investigation by the Muscatine Police Department revealed that he had exchanged a firearm for a laptop computer. In the second case during an investigation by the Muscatine County Drug Task Force HERNANDEZ sold a firearm to an informant. He will be sentenced October 11.

Muscatine County District Court 8/23/2013

ANTONIO GOMEZ-RIOS (DOB: 9/13/1987) of West Liberty pled guilty to Possession of Contraband in a Jail Facility, a class "D" felony. Investigation by the West Liberty Police Department showed that GOMEZ-RIOS had been arrested on a warrant for failure to appear on a public intoxication charge. When officers booked him into the Muscatine County Jail on his warrant jail staff discovered that he was in possession of a personal use quantity of cocaine. The Court imposed a suspended sentence of incarceration. GOMEZ-RIOS was then turned over to Immigration and Customs Enforcement due to an immigration detainer.



MOLLY MAINE (DOB: 1/24/1995), of Muscatine was sentenced for Criminal Mischief in the Second Degree, a class "D" felony. MAINE was arrested by the Muscatine Police Department after damaging numerous motor vehicles with a pellet gun. The Court deferred judgment, placed MAINE on supervised probation, and ordered her to pay victim restitution.



BRANDON VANDUSEN (DOB: 10/30/1970), of Atalissa was sentenced for Theft in the Second Degree, a class "D" felony. VANDUSEN was arrested by the Muscatine County Sheriff's Department after investigation showed that he had used a credit card owned by the Atalissa Volunteer Fire Department to make personal purchases. At the time of the thefts VANDUSEN was a member of the fire department. The Court deferred judgment, placed VANDUSEN on supervised probation, and ordered him to pay victim restitution.

"As part of the resolution of the case the defendant was required to repay the Atalissa Volunteer Fire Department in full at the time of his sentencing," said County Attorney Alan R. Ostergren. "It was important to me that he be held accountable for his conduct while also making sure the fire department had the money back as quickly as possible. I know those funds are an important part of providing fire protection to the people served by the fire department," Ostergren continued.



NATHAN WAGNER (DOB: 12/11/1980), of Muscatine, was sentenced for Possession of a Controlled Substance, Third Offense, a class "D" felony. WAGNER was arrested by the Muscatine Police Department on a warrant for parole violation. When arrested he was in possession of a personal use quantity of methamphetamine. The Court imposed an indeterminate prison sentence of not to exceed five years. This sentence will be served consecutively to his parole violation.

Muscatine County Attorney announces results of fine collection program for FY2013

Muscatine County Attorney Alan R. Ostergren announced today the results of his office's fine collection program for FY2013 (July 1, 2012, to June 30, 2013).

The Muscatine County Board of Supervisors authorized the creation of a fine collection position with the office. This program started in July, 2012. Iowa law provides that the County Attorney may seek to collect court debt (fines, court costs, restitution, jail fees, etc.) when the debt becomes delinquent. The county receives a portion of the funds collected.

As of the end of FY2013 the Muscatine County Attorney's Office collected a total of $ 371,803 in delinquent court debt. The county general fund and the County Attorney's Office received a total of $112,108 from these funds. The fine collection program cost Muscatine County $ 43,161 to operate for that time period.

"I am very happy at the results of this program," said Ostergren. "This program is good for crime victims, taxpayers, and society in general. It is important for criminal defendants to pay their debts. It is vital to rehabilitation and, ultimately, justice," he added. "I would like to thank the Board of Supervisors for their support of this program," Ostergren continued.

Muscatine County District Court - 8/16/2013

TRENTIN GRANT (DOB: 11/19/1983) of Davenport, pled guilty to Burglary in the Third Degree. Investigation by the Muscatine Police Department showed he participated in the burglary of a residence in which property was taken. He will be sentenced September 27, 2013, at 9:00 a.m.

BRENT JAMES CLARK (DOB: 4/8/1979) of Nichols, pled guilty to Domestic Abuse Assault. He was sentenced to an indeterminate prison term of not to exceed two years. Investigation of the case was done by the Muscatine County Sheriff's Department.

Muscatine County District Court 8/9/2013

ERNESTO OROZCO (DOB: 6/25/1990) of Muscatine, pled guilty to Criminal Mischief in the Second Degree. Investigation by the Muscatine County Sheriff's Department showed that OROZCO damaged a motor vehicle and caused in excess of $1,000 damage in the incident. He will be sentenced September 20, 2013, at 9:00 a.m.

JACOB JUSTUS (DOB: 2/11/1993) of Muscatine was sentenced for Burglary in the Second Degree. Investigation by the Muscatine Police Department showed he entered a residence without permission with the intent to commit a theft. The residence was occupied at the time of the burglary. JUSTUS was sentenced to a suspended prison sentence of not to exceed ten years and was ordered to complete the residential correctional facility program as a condition of probation. He was taken into custody immediately to be transported to the RCF in Davenport, Iowa.

Muscatine County District Court 7/12/2013

Today, July 12, 2013, in Muscatine County District Court:

BRANDON VANDUSEN, DOB: 10/30/1970, pled guilty to Theft in the Second Degree. Investigation by the Muscatine County Sheriff's Department showed that VANDUSEN has misused a fuel charge card owned by the Atalissa Fire Department by charging approximately $2,100 against the card for personal purchases. VANDUSEN will be sentenced August 23, 2013.

JESSIE SANDOVAL, DOB: 6/24/1994, was sentenced after the Court determined that he had violated the terms of his probation. SANDOVAL was on probation for the offense of Burglary in the Second Degree. The Court imposed a sentence of imprisonment for a term not to exceed ten years and ordered SANDOVAL taken into custody.

Muscatine Police Department press release regarding incident at 806 Oak Street

The following is a press release from the Muscatine Police Department:

Today, on June 29, 2013, at 3:16 p.m. the Muscatine County Joint Communications Center received a telephone call reporting a disturbance at 806 Oak Avenue, Muscatine, Iowa. Officers were immediately dispatched to that location. Officers heard multiple gunshots when they arrived at the scene. Officers followed protocol by establishing a perimeter and calling out the Muscatine Special Response Team. Also responding to the scene was the Muscatine County Sheriff's Department.

The SRT entered the residence and found two subjects inside who had suffered apparent gunshot wounds. One person was found deceased inside the residence. The other person was transported from the scene by the Muscatine Fire Department to Trinity Hospital in Muscatine and then to the University of Iowa Hospitals

and Clinics in Iowa City.

The incident is still under investigation. The identity of the persons involved is being withheld at this time pending notification of next of kin. This department anticipates releasing identity information on Monday, July 1, 2013.

Further inquiries regarding this incident may be directed to Muscatine Police Department Lt. Jeff Jirak at 563-263-9922, x605.

Suspended prison sentence for former Muscatine city employee

Today, June 14, 2013, in Muscatine County District Court DIANA FRY, DOB: 8/24/1959, of Muscatine, was sentenced for the offense of Theft in the First Degree. FRY had been arrested after an investigation by the Muscatine Police Department showed that she had taken approximately $15,512 from the City of Muscatine where she had worked as a clerical employee in the finance department. The court imposed a suspended prison sentence of not to exceed ten years and a fine of $1,000.

"As a condition of her plea agreement the defendant paid $8,500 in a lump sum to the Clerk of Court today at her sentencing," said Muscatine County Attorney Alan R. Ostergren. "This figure was selected because it was the City's deductible for its insurance policy. FRY will be required to pay back the remainder of the money over the course of her period of supervised probation. If she willfully fails to pay restitution during that time period I will seek to revoke her probation," Ostergren continued. FRY's restitution obligation includes a requirement that she pay the City's audit costs of $5,598.

"Theft of public money is a serious matter," Ostergren said. "My concern is to punish the defendant and to get the taxpayers paid back as quickly as possible. FRY is now a convicted felon and the taxpayers of Muscatine are on the way to being made whole," he added.

Updated to reflect the breakdown between restitution amount for funds taken and the audit costs which FRY must repay.

In other matters before the Court today:

RYAN LARUE, DOB: 5/14/1985, of Muscatine, pled guilty to Domestic Assault Strangulation, a class "D" felony, and Driving While Barred. LARUE had been arrested by the Muscatine Police Department after an incident on April 10, 2013, in which he assaulted the mother of his minor child. The assault charge is a forcible felony which will require the court to impose a sentence of incarceration. LARUE will be sentenced August 3, 2013, at 9:00 a.m.

KELLY HALLER, DOB: 8/14/1984, of Muscatine, pled guilty to two counts of Delivery of a Controlled Substance. Investigation by the Muscatine County Drug Task Force showed that HALLER delivered the prescription drug Adderral on two separate occasions. HALLER will be sentenced July 26, 2013, at 9:15 a.m.

Guilty plea and prison sentence for cocaine distribution

AUSTIN HOUDEK, DOB: 11/1/1988, of Muscatine, pled guilty to two counts of Delivery of a Controlled Substance. He agreed to immediate sentencing and was sentenced to two concurrent terms of not to exceed ten years imprisonment.

HOUDEK was arrested following an investigation by the Muscatine County Drug Task Force in which he delivered cocaine on two separate occasions.

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.

Muscatine County District Court 3/29/2013

Today, March 29, 2013, in Muscatine County District Court:

SEAN RYAN BURTLOW, DOB: 8/20/1982, of Muscatine, was sentenced for the offenses of Burglary in the Third Degree and Theft in the Second Degree. The Court suspended prison sentences of not to exceed five years on each count and ordered the defendant to be placed at the Residential Correctional Facility as a condition of supervised probation. Investigation by the Muscatine County Sheriff's Department showed that the defendant had stolen an all-terain vehicle from a farm outbuilding.


FERNANDO DELEON ZUNIGA, DOB: 6/9/1978, of West Liberty, was sentenced for the offense of Possession of a Controlled Substance with Intent to Deliver. The Court sentenced the defendant to a prison term of not to exceed ten years and a fine of $1,000. Investigation by the Muscatine County Sheriff's Department showed that the defendant was in possession of approximately six baggies containing cocaine which the defendant intended to sell.


REY BARRIOS GAYTAN, JR., DOB: 7/11/1990, of Muscatine, was sentenced for the offense of Delivery of a Controlled Substance. The Court suspended a prison sentence of not to exceed ten years and ordered the defendant to be placed at the Residential Correctional Facility as a condition of supervised probation. Investigation by the Muscatine County Drug Task Force showed that the defendant delivered cocaine to a confidential informant.

Guilty Plea and Prison Sentence in Sex Abuse Case

ROBERT ANTHONY HOWARD, DOB: 8/28/1990, pled guilty on March 26, 2013, to the offenses of Lascivious Acts with a Child and Child Endangerment Causing Bodily Injury. The defendant waived his right to a delay and proceeded immediately to sentencing. The Court imposed a prison term of not to exceed ten years on the Lascivious Acts charge and not to exceed five years on the Child Endangerment charge. The sentences were ordered to be served concurrently. In addition the defendant was placed on supervised release for the remainder of his life following completion of the prison sentence.

The case against HOWARD was investigated by the Muscatine Police Department. HOWARD was originally found guilty after a jury trial of the offenses of Sexual Abuse in the Second Degree and Child Endangerment Causing Bodily Injury. The jury trial occurred in August, 2010. The evidence at trial showed that HOWARD had committed a sex act with an 18 month old victim. The Iowa Supreme Court ordered a new trial in December, 2012, after determining that the defendant's confession should not have been admitted into evidence.

"We consulted closely with the family of the victim about the strength of our case after the appeal. It was important to me to reach a resolution of the case which would result in the defendant serving lifetime supervised release and being on the sex offender registry. This was the best result we could hope for to protect the community," said Muscatine County Attorney Alan R. Ostergren.

Guilty Verdict in Sexual Abuse Trial

Today, March 28, 2013, in Muscatine County District Court a jury returned a verdict of guilty on six counts of Sexual Abuse in the Second Degree against defendant PEDRO CAMACHO OLEA. The jury trial began on Monday, March 25. District Judge Thomas Reidel presided.

The evidence at trial showed that OLEA (DOB: 1/28/1968) had sexually abused two girls during the time period of 1998 to 2002. The girls were grade school aged when the abuse occurred. During the time period of the abuse OLEA resided in both the City of Muscatine and in a trailer park in rural Muscatine County.

"I want to thank Sgt. Ardyth Orr with the Muscatine County Sheriff's Department for her work on this case," said Muscatine County Attorney Alan R. Ostergren. "Her investigation gave me the evidence I needed to present this case to the jury," he continued. "I also want to acknowledge the excellent work done by the staff at the Child Protection Center in Muscatine. They gave these victims a safe place to tell their story and to start the healing process. This case is a prime example of how important the CPC is to this community," Ostergren said.

"Most of all, I want to thank the victims for being so brave. They walked into court and told the jury what the defendant did to them. That takes real courage," Ostergren added.

Each count carries a mandatory sentence of imprisonment for a term not to exceed 25 years. Iowa law provides that the defendant must serve 17.5 years of the sentence before being eligible for parole. It will be in the sentencing judge's discretion whether the six counts will be served concurrently or will be partially or completely consecutive.

After the jury's verdict the court revoked the defendant's bond and ordered him held without bond pending a sentencing hearing set for May 24, 2013, at 9:00 a.m.

Muscatine Man Sentenced to Prison for Assault on Mall Employee

Today, March 22, 2013, in Muscatine County District Court:

SCOTT CHANCEY, DOB: 5/31/1962, of Muscatine, was sentenced after being convicted at jury trial of the offense of Assault Causing Serious Injury, a class “D” felony. The Court imposed a prison sentence of not to exceed five years and a fine of $750.

Investigation by the Muscatine Police Department showed that the defendant assaulted an employee of the Muscatine shopping mall after that employee placed a notice on his vehicle stating that CHANCEY’s vehicle was illegally parked. The victim suffered a compound fracture of the arm, a fractured hip, and other injuries.

“I am pleased with this result,” said Muscatine County Attorney Alan Ostergren. “Mr. Chancey assaulted the victim without any provocation and caused serious injuries to the victim. The sentence of imprisonment was well-deserved,” he continued.

In other cases:

RAUL SANTANA MINIX-ESPINOZA, DOB: 4/25/1990, of Muscatine, was sentenced after pleading guilty to Burglary in the Second Degree and two counts of Attempted Burglary in the Third Degree. The Court imposed suspended prison sentences for a total of ten years and ordered that the defendant be sent to the Residential Correctional Facility in Davenport.

Investigation by the Muscatine Police Department showed that MINIX-ESPINOZA burglarized an occupied residence and attempted to break into two other residences.

  

LIONEL SCHNACK, DOB: 11/7/1978, of Davenport, was sentenced after pleading guilty to Operating a Motor Vehicle While Intoxicated, Third Offense. The defendant was sentenced to serve an indeterminate prison term of not to exceed five years and pay a fine of $3,125. His privilege to operate a motor vehicle will be revoked for six years.

Investigation by the Muscatine Police Department showed that SCHNACK was operating a motor vehicle in downtown Muscatine while he was intoxicated.

Muscatine County District Court 3/8/2013

Today, March 8, 2013, in Muscatine County District Court:

Joseph STOVER, DOB: 4/26/1981, of Muscatine was sentenced for the offense of Manufacture of a Controlled Substance, methamphetamine. Investigation by the Muscatine County Drug Task Force showed that STOVER had manufactured methamphetamine at a residence in Muscatine.

Starlin VARGAS, DOB: 3/9/1994, of Conesville pled guilty to three counts of Burglary in the Third Degree. Investigation by the Muscatine County Sheriff’s Office showed that VARGAS burglarized a Conseville residence on three occasions in May and October, 2012. VARGAS will be sentenced April 19, 2013, at 9:30 a.m.

Former City of Muscatine employee pleads guilty to theft

Today, February 22, 2013, in Muscatine County District Court:

Diana Lynn FRY (DOB: 8/24/1959) pled guilty to Theft in the First Degree, a class "C" felony for the taking of more than $10,000 from the City of Muscatine while she was employed as a clerk in the city's finance department. In connection with the guilty plea FRY admitted taking approximately $15,545 over a three year time period.

"The plea agreement calls for the defendant to make a restitution payment of at least $8,500 at sentencing," said Muscatine County Attorney Alan Ostergren who prosecuted the case. "This will cover the City's deductible for its insurance against employee theft. My goal in this case is to do everything I can to get the taxpayers repaid as quickly as possible," he added. "The plea agreement provides that if she does not have the $8,500 restitution payment on hand at sentencing the Court will be free to impose a prison term of up to ten years," said Ostergren.

FRY will be sentenced April 12, 2013, at 9:15 a.m. This case was investigated by the Muscatine Police Department.

In other matters today:

Martin LeRoy REISEN (DOB: 4/12/1963) was sentenced after pleading guilty to two counts of Delivery of a Controlled Substance. The Court granted a deferred judgment and placed the defendant on supervised probation for three years. The case was investigated by the Muscatine County Drug Task Force.

Levi Scott LOGEL (DOB: 8/14/1994) was sentenced after pleading guilty to Burglary in the Second Degree. The Court granted a deferred judgment and placed defendant on supervised probation. As a condition of probation the defendant will be required to successfully complete programming at the Residential Correctional Facility in Davenport. The case was investigated by the Muscatine Police Department.

Brooks WAGNER (DOB: 5/31/1994) was sentenced after pleading guilty to one count of Possession of a Controlled Substance with Intent to Deliver. The Court granted a deferred judgment and placed defendant on supervised probation. The case was investigated by the Muscatine Police Department.

Joanna GANN (DOB: 2/11/1986) was sentenced for two counts of Possession of a Precursor Substance. GANN had pleaded guilty and received a deferred judgment in May of 2009. After the filing of a probation violation complaint the Court determined that GANN had violated the terms of her probation. The Court entered judgment and sentenced the defendant to serve an indeterminate prison sentence of not to exceed five years. The case was originally investigated by the Muscatine Police Department.

Former Muscatine man charged with Murder in the First Degree

Muscatine County Attorney Alan R. Ostergren announced today that a charge of Murder in the First Degree has been filed against Hiram Serrano, Sr. (DOB: 6/13/1964), formerly of Muscatine, in connection with the death of Theresa Jackson.

The criminal complaint alleges that on November 14, 1990, Serrano slashed the throat of the victim and struck the neck of the victim. The complaint further alleges that the victim was left a quadriplegic as a result of her injuries. Serrano was arrested that date and charged with the offenses of Attempted Murder and Willful Injury. He was found guilty after a jury trial and was sentenced on May 3, 1991, to an indeterminate prison term of not to exceed 35 years. Serrano served approximately 13 years imprisonment before being paroled for these offenses.

The victim died October 5, 2012. The cause of death is alleged by the criminal complaint to be hydrocephalus due to fibrosis and adhesions of the exit foramina of the brain. The complaint further alleges that this condition was due to the injuries to the neck and spinal cord suffered on November 14, 1990. The manner of death was ruled to be homicide by the medical examiner.

Serrano was arrested today (February 21, 2013) by the Muscatine Police Department and Iowa Division of Criminal Investigation. He is being held in the Muscatine County Jail on $500,000 bond. A preliminary hearing is scheduled for March 4, 2013, at 9:00 a.m.

A criminal charge is merely an accusation. The defendant is presumed to be innocent.

Muscatine County District Court 1/11/2013

Today in Muscatine County District Court:

WARREN LOVELL, DOB: 12/3/1944, of rural Muscatine County, was sentenced for two counts of Incest. The Court imposed consecutive sentences of imprisonment for a total term of not to exceed ten years and a fine of $750 per count. In addition the Court ordered that following completion of his term of incarceration that LOVELL would be on supervised release as if on parole for ten years. LOVELL will be additionally required to register as a sex offender. LOVELL was arrested by Muscatine County Sheriff's Department deputies following an investigation into the sexual abuse of a family member.


JAMIE STEINKE, DOB: 8/7/1972, of Muscatine was sentenced for Delivery of a Controlled Substance. He was sentenced to an indeterminate term not to exceed ten years and a fine of $1,000. STEINKE was arrested by the Muscatine County Drug Task Force after an investigation showed that he sold methamphetamine to a confidential informant.