In Greene County district Russell Lee Gardner, 46, of Panora was sentenced Oct. 4 to five years in prison after he changed his plea to guilty to a charge of criminal mischief- second degree. He was fined $1,025 with a $153.75 surcharge; both were suspended. He was sentenced to two years in prison on a charge of driving while license barred and he was fined $855 with a $128.25 surcharge. The fine and surcharge were suspended. The prison terms are concurrent, but will be consecutive to prison terms in any other cases against Gardner. He must pay restitution for his court appointed attorney’s fees not to exceed $1,000 and $210.78 court costs. A charge of harassment- first degree was dismissed. (Sentencing: Honorable Joseph B. McCarville)
Travis Austin Smith, 30, of Churdan was sentenced Oct. 6 to 20 days in jail after he changed his plea to guilty to a charge of driving while license barred. He is to be given credit for time served. If he obtains a valid driver’s license before 4/01/2022, 10 days of the jail time will be suspended and he will be placed on informal probation. A judgment was entered for a $855 fine with a $128.25 surcharge; both were suspended. Smith must pay an amount not to exceed $600 restitution for his court appointed attorney’s fees and $140 court costs. (Sentencing: McCarville)
Paityn Bobby Jo Harrison, 20, of Fort Dodge was sentenced Oct. 6 to 10 days in jail after she changed her plea to guilty to a charge of driving while license barred. She is to receive credit for time served. She was fined $855 with a $128.25 surcharge; both were suspended. She must pay an amount not to exceed $500 restitution for her court appointed attorney’s fees and $100 court costs. At charge against Harrison in magistrate court of violation of a no contact order was dismissed. (Sentencing: McCarville)
Taylor Jayde Kelly, 29, of Lake City was granted a deferred judgement after she changed her plea to guilty to a charge of operating while intoxicated. A judgment was entered for a $1,250 civil penalty; one-half will be waived if she obtains a temporary restricted license. She was placed on informal probation to the Greene County sheriff for one year. She must comply with the recommendations of a substance abuse evaluation she has already undergone. Court costs were $140. A charge of possess/carry dangerous weapon while under the influence was dismissed. (Sentencing: McCarville)
Benito Cervantes Ortiz, 64, of Grand Junction was sentenced to 10 days in jail with credit for time served after he pleaded guilty at arraignment to a charge of driving while license barred. The court will reconsider sentencing and convert it to a suspended sentence with informal probation if Ortiz obtains a valid driver’s license before 1/06/2022. He was fined $855 with a $128.25 surcharge. He must pay an amount not to exceed $600 for his court appointed attorney’s fees and $140 court costs. (Sentencing: McCarville)
Patrick James Cook, 54, of Des Moines was sentenced Oct. 8 to 180 days in jail after he changed his plea to guilty to a charge of operating while intoxicated. All but two days of the jail time was suspended, and he may complete the Des Moines Area Community College 48-hour alcohol education program in lieu of the jail time. He was placed on probation to Boone/Greene County Probation for one year. He must undergo a substance abuse evaluation and complete any recommended treatment at his own expense. A judgment was entered for a $1,250 fine with a $187.50 surcharge; one-half will be waived if he obtains a temporary restricted license. Court costs were $100. (Sentencing: McCarville)
Jessica Lea Duong, 29, of Jefferson was sentenced to two years in prison after she changed her plea to guilty to a charge of operating while intoxicated- second offense. The prison term will be suspended after she serves seven days in the county jail. She may complete the DMACC 48-hour alcohol education program in lieu of two days of the jail time. She was fined $1,875 with a $281.25 surcharge. Duong also changed her pleas to guilty to a charge of operating a vehicle without the owner’s consent. She was sentenced to two years in prison on that charge; the prison term was suspended and she was placed on probation to the Iowa Department of Corrections for one year. She must undergo a mental health evaluation and complete any recommendations at her own expense. She must pay an amount not to exceed $1,000 for her court appointed attorney’s fees. (Sentencing: McCarville)
In a separate case, Duong changed her plea to guilty to a charge of assault causing bodily injury. She was sentenced to one year in jail, with all but 16 days suspended. She was placed on probation to the Iowa Department of Corrections for one year. She must undergo a substance abuse evaluation and complete any recommended treatment at her own expense. She was fined $430 with a $64.50 surcharge. Court costs were $431.50. A charge of domestic abuse assault causing injury or mental illness was dismissed. (Sentencing: McCarville)
Garret Michael Tasler, 19, was fined $105 with a $15.75 surcharge and $60 court costs in a case in magistrate court in which he was charged with possession of drug paraphernalia. A related case in district court in which he was charged with possession of marijuana was dismissed, with $100 court costs charged to him. (Sentencing: McCarville)
Persons pleaded not guilty in district court as follows: Danny Wayne Fees, 30, of Des Moines, possession of marijuana- second offense and possession of methamphetamine- second offense; Rosemarie Esperanza Reyna Nava-Espiritu, 30, of Denison, driving while license barred; Cristian Remberto Paniagua, 25, of Jefferson, possession of marijuana and possession of methamphetamine; Nickquael Lenoy Rischer Oliver, 23, of Des Moines, driving while license barred and false information for citation; Humberto Reyes Tolentino, 52, of Fort Dodge, driving while license revoked; and Cain James Andersen, 21, of Templeton, possession of marijuana, operating while intoxicated, and possess or carry dangerous weapon while under the influence. Trial dates were set for Nov. 2 for Fees and Nava-Espiritu, for Dec. 7 for Paniagua, and for Jan. 25 for Oliver, Tolentino and Andersen.
