In Greene County district court a jury was selected Oct. 17 for a trial of James Hubert Exline Jr, 46, of Jefferson, charged with sex abuse- second degree second or subsequent offense, and sex abuse- third degree. The defense entered a motion for a change of venue, arguing that pre-trial publicity made it impossible for Exline to have a fair trial in Greene County. The motion was granted Oct. 18 by the Honorable Kurt J. Stoebe.
(Note – Due to significant issues with the state judicial branch’s computer system Oct. 16-19, court costs were not yet entered into the public system as of Friday.)
Mark Edward Dugan II, 38 of Des Moines was sentenced Oct. 16 to two years in prison after he changed his plea to guilty to a charge of possession of methamphetamine- second offense. The prison term was suspended and he was placed on probation for two years. His driver’s license was revoked for 180 days, and he must undergo a substance abuse evaluation and complete any recommended treatment at his own expense. Dugan was fined $625 with a $218.75 surcharge, a $10 drug abuse resistance education (DARE) surcharge, a $125 Law Enforcement Initiative (LEI) surcharge, restitution for his court appointed attorney and court costs. (Sentencing: Honorable Joseph B. McCarville)
Brian Thomas Roe, 48, of Carroll was sentenced to two days in jail after he changed his plea to guilty to a charge of operating while intoxicated- first offense. He must pay the sheriff’s room and board fees for the time he serves. He must complete at his own expense the recommendations of a substance abuse evaluation he has already undergone, and he must also complete a community college drinking drivers school. He may complete the Des Moines Area Community College 48-hour alcohol education program in lieu of the jail time and drinking drivers school. Roe was fined $1,250 with a $437.50 surcharge, a $10 DARE surcharge and court costs. (Sentencing: McCarville.)
Shane Wesley Gailey, 27, of Fort Dodge was granted a deferred judgment after he pleaded guilty to a charge of driving while license revoked. He was placed on unsupervised probation for one year. He must pay a $1,000 civil penalty and $100 court costs. (Sentencing: McCarville)
Dore Marie James, 43, of Churdan was sentenced to 30 days in jail after she changed her plea to guilty to a charge of possession of marijuana- first offense. All but two days of the jail time was suspended and he was placed on unsupervised probation for one year. She must undergo a substance abuse evaluation and complete any recommended treatment at her own expense. Her driver’s license was revoked for 180 days. James was fined $315 with a $110.25 surcharge, a $10 DARE surcharge, a $125 LEI surcharge and court costs. (Sentencing: McCarville)
Lawrence Shannon O’Neal, 42, of Grand Junction was sentenced to two years in prison after he changed his plea to guilty to a charge of driving while license barred. The prison term was suspended and he was placed on informal probation for two years. O’Neal was fined $625 with a $218.75 surcharge. He must also pay restitution for his court appointed attorney’s fees and court costs. A charge of operating a vehicle without an interlock device was dismissed in a companion case in magistrate court. He must pay court costs. (Sentencing: McCarville)
Dispositions were entered in two district court cases against Jesus M. Zuniga Jr, 18, of Jefferson. In the first he was charged with distributing a drug to a minor. He was sentenced to two years in prison; all but seven days were suspended and he was placed on probation for two years. He must undergo a substance abuse evaluation and complete any recommended treatment at his own expense. He was fined $625 with a $218.75 surcharge; both were suspended. Judge McCarville ruled Zuniga is unable to pay his court appointed attorney’s fees, but he must pay a $10 DARE surcharge and a $125 LEI surcharge.
Zuniga was sentenced to one year in prison after he changed his plea to guilty to a charge of burglary- third degree (motor vehicle); all but seven days was suspended. The sentences are consecutive. He was placed on probation for tow years. He must undergo a substance abuse evaluation and complete any recommended treatment at his own expense. He must also undergo a mental health evaluation and complete any recommendations for treatment at his own expense. Zuniga was fined $625 with a $218.75 surcharge; both were suspended. He must pay a $125 LEI surcharge and court costs. A magistrate case in which Zuniga was charged with harassment- third degree and disorderly conduct was dismissed as part of a plea agreement. He must pay court costs. (Sentencing: McCarville)
Michael Dean Correy, 58, of Story City was granted a deferred judgment after he changed his plea to guilty to a charge of possession of marijuana- first offense. He was placed on informal probation for one year, and he must undergo a substance abuse evaluation and complete any recommended treatment at his own expense. He must pay a $315 civil penalty, a $125 LEI surcharge and court costs. (Sentencing: McCarville)
Laura Ann Ditzler, 45, of Afton was granted a deferred judgment after she changed her plea to guilty to a charge of OWI- first offense. She was placed on informal probation for one year. She must undergo a substance abuse evaluation and complete any recommended treatment at her own expense, and she must complete a community college drinking driver’s school. She must pay a $1,250 civil penalty and court costs. A charge of possession of marijuana was dismissed. (Sentencing: McCarville)
Bryce Daniel Burkhardt, 19, of Jefferson was granted a deferred judgment after he changed his plea to guilty to a charge of OWI- first offense. He was placed on informal probation for one year.He must undergo a substance abuse evaluation and complete any recommended treatment at his own expense, and he must complete a community college drinking driver’s school. He must pay a $1,250 civil penalty, restitution for his court appointed attorney’s fees and court costs. (Sentencing: McCarville)
Jordan Thomas McCleeary, 26, of Des Moines was sentenced to 30 days in jail after he pleaded guilty to a charge of OWI- first offense. All but two days were suspended and he was placed on informal probation for one year. He must pay sheriff’s room and board fees for the time he served. He must complete the recommendations of a substance abuse evaluation he has already undergone. McCleeary was fined $1,250 with a $437.50 surcharge, a $10 DARE surcharge, and court costs. (Sentencing: McCarville)
Dispositions were entered in two cases against Takyla Ruth Pittman, 28, of Perry. In the first she was charged with possession of marijuana- first offense. She was sentenced to 30 days in jail; the jail time was suspended and she was placed on probation for one year. She must undergo a substance abuse evaluation and complete any recommended treatment at her own expense. Her driver’s license was revoked for 180 days. Pittman was fined $315 with a $110.25 surcharge, a $10 DARE surcharge and a $125 LEI surcharge. Judge McCarville ruled she is unable to pay restitution for her court appointed attorney’s fees.
In the second case Pittman pleaded guilty to a charge of attempted burglary- third degree, amended from burglary- third degree. She was sentenced to two years in prison; the prison term was suspended and she was placed on probation for two years. Pittman was fined $625 with a $218.75 surcharge; both were suspended. She must pay a $125 LEI surcharge and court costs. (Sentencing: McCarville)
Persons pleaded not guilty as follows: Robert Wilhelm Rokitnicki, 49, of Des Moines, unlawful possession of prescription drug; Jolisha Lashay Dudley, 25, of Fort Dodge, driving while license barred; James Lee Hoyle, 18, of Beaver, assault causing serious injury; Christopher Hollis Christian, 37, of Grand Junction, driving while license barred; Nevin Wesley Reed, 26, of Grand Junction, OWI- second offense; and Edward R. Bryson, 60, of Jefferson, OWI- second offense. Trial dates for all defendants except Bryson were set for Jan. 23. Bryson’s trial date is Dec. 5.
Cases were initiated in district court during the week ending Oct. 19 as follows: Marcus Larry Lamar Cannon, 27, of Jefferson, domestic abuse assault impeding blood/air flow; David Duane Mohr Jr, 63, of Ogden, OWI- first offense; and James Lee Hoyle, 18, of Beaver, assault causing bodily injury.
