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.
Friday, July 12, 2013
Saturday, June 29, 2013
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.
Friday, June 14, 2013
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.
"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.
Friday, June 7, 2013
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.
HOUDEK was arrested following an investigation by the Muscatine County Drug Task Force in which he delivered cocaine on two separate occasions.
Friday, May 24, 2013
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."
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.
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.
Monday, May 20, 2013
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.
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