NUMEROUS CASES UNDERGO RULING IN ALLAMAKEE DISTRICT COURT

The following cases have been heard in the Allamakee District Court. Judges John Bauercamper and Margaret Lingreen presided over all court proceedings.

Damon Linn Sebastian -

Charge:
Damon Linn Sebastian, 22, Postville, was charged with operating a motorized vehicle while intoxicated on Oct. 2, 1999. On Nov. 13, 1999, Sebastian was further charged with operation of a motor vehicle under license revocation. Subsequent charges included a Nov. 29, 1999, charge of operating a motorized vehicle under license revocation and furnishing alcohol to a minor on Feb. 19, 2000.

Case details:
Pertaining to the initial charge, court affidavit indicates Sebastian to have been operating a motorcycle “at a high rate of speed” near Postville when the patrolling officer flashed lights to stop the vehicle. Sebastian drove approximately a quarter of a mile onward, pulling into the garage at his place of residence. The subject, identified as Damon Linn Sebastian, appeared intoxicated. Results of a field sobriety test indicated his BAC to be .274%.
The Nov. 13 charge was incurred at 12:55 a.m., whereupon an officer observed a white Toyota without license plates again operating at a high rate of speed. Upon questioning, Sebastian advised he “just went to the bar to talk to his Mom.” Sebastian was cited and released.
On Nov. 29, the subject was stopped for unlawfully operating a vehicle, again not carrying license plates. In addition, the officer on duty recognized Sebastian and was aware of his ineligible driving status.
In the early morning of Feb. 19, a vehicle stopped by a Postville officer revealed a male passenger, age 15, who appeared under the influence of alcohol. Upon testing, the youth registered above the legal limit and stated he had consumed the alcohol at a party held at the home of Damon Sebastian. The juvenile was released to his older brother, also at the party, but testing a .00 BAC.

Sentence:
In court, Sebastian was found guilty of driving under license revocation. His sentence requires service of a 10 day jail term by Sept. 1, 2000, with the addition of a $1,000 fine plus surcharge and court costs.
Sebastian was also found guilty of operating while intoxicated, second offense. He has been charged $1,5000 plus surcharge and court costs. All but seven days of a 180 day jail term were suspended, with the seven days to be served concurrently with the first ruling.
Sebastian must remain under supervised probation for two years. In addition, he is required to attend a course for drinking drivers and file proof of completion with the clerk of court.

Ronald William McCormick -

Charge:
Ronald William McCormick, 40, of New Albin, has been charged with the crime of operating a motorized vehicle while intoxicated, first offense.

Case details:
The affidavit indicates that on the evening of Oct. 13, 1999, a patrolling officer observed a Ford pick-up driving south on Main Street, New Albin, without the use of headlights.
Upon questioning, the subject, bearing an expired driving license, was revealed as Ronald McCormick. According to the reporting officer, the subject emitted a strong odor of alcohol, suffered from bloodshot eyes, and maintained poor balance. McCormick was charged for OWI after results of a field sobriety test showed his blood alcohol level to register above the legal limit.

Sentence:
Court ruling found McCormick guilty of operating while intoxicated, first offense. He received a 60 day jail term, with all but two days placed under suspension. He has been fined $500 plus surcharge and court fees.
McCormick is also to serve 12 months of self-probation, obtain a substance abuse evaluation and follow any recommendations which a treatment group shall advise. In addition, he is prohibited from frequenting establishments serving alcoholic beverages, save for eating a noon meal.

Loretta Mae Jones -

Charge:
Loretta Mae Jones, 43, of Decorah, received a Dec. 23, 1999 charge of seeking to obtain a prescription drug by fraud, deceit, misrepresentation or alteration of a prescription order.

Sentence:
The court granted Jones a deferred judgement, with a five-year probationary sentence imposed. Jones will report to the First Judicial District Department of Correctional Services for maintenance of the probationary sentence.
Jones will also be responsible for payment of court costs, with the amount to be affixed at a later date.

Nancy Lea Pitts -

Charge:
Nancy Lea Pitts, 32, of New Albin, received a May 10 charge of operating a motorized vehicle while intoxicated.

Case details:
Court affidavit reports Pitts to have been operating a vehicle without headlights the evening of May 10. After stopping her car, the patrolling officer detected a strong odor of alcohol.
Asked by the officer if she had been drinking, the subject answered yes. Upon administration of a field sobriety test, the subject tested above the legal alcohol limit. At that point, she was placed under arrest and transported to Waukon.

Sentence:
Court proceedings granted Pitts a deferred judgement for the operating while intoxicated charge.
In addition, Pitts is to serve an unsupervised probationary sentence. She must perform 40 hours of community service for a non-profit organization, obtain an outpatient substance abuse evaluation, and complete a course for drinking drivers.
An additional, minor charge of operating without headlights was dismissed. A $15 cost charge was assessed to the defendant.


Eduardo Ixen Tzuguen -

Charge:
Eduardo Ixen Tzuguen, 20, of Postville, received an August 19, 1999 dual charge of burglary in the first degree as well as assault.

Case details:
According to report, during the evening hours of Aug. 19, 1999, the subject entered a private Postville residence by climbing through a window screen. Upon entering the home, the subject proceeded to assault a member of the household. Officers were called to the scene after the incident occurred. The subject, however, fled the scene and was later apprehended.

Sentence:
The court found Ixen guilty of Count 1, 3rd degree burglary. He was fined $750, plus surcharge and court costs. A five year prison sentence was suspended and a five year probation term placed. Due to the felony charge, Ixen will lose his voting privileges.
The court dismissed the original assault charge.



Troy James Filyaw -

Charge:
Troy James Filyaw, 18, of Waukon, was charged Feb. 18 with possession of a controlled substance, specifically marijuana.

Case details:
On Feb. 18, the Northeast Iowa Task Force, with aid from the Division of Narcotics Enforcement and the assistance of a detective, executed a search warrant for Filyaw’s place of residence.
Upon entry, the officers seized suspected marijuana, drug paraphernalia and miscellaneous documents. Filyaw was then charged with possession of marijuana and transported to the Allamakee County Jail. At the time of his arrest, the subject tested positive to a marijuana field test.

Sentence:
The court ruled Filyaw guilty of possession of a controlled substance. He received a $250 fine, plus surcharge and court costs, to be paid by Sept. 1, 2000.
In addition, Filyaw’s driving rights were suspended for 180 days.

Lori Ann Pierce -

Charge:
Lori Ann Pierce, 24, of Waukon, was charged Feb. 26 with possession of a schedule 1 controlled substance, specifically marijuana.

Sentence:
The court granted Pierce a deferred judgement pertaining her original charge. She has been ordered one year of unsupervised probation and 20 hours of community service for a non-profit organization. In addition, she must pay all court costs.
Upon successful completion of a probationary sentence, the subject’s case will be dismissed without entry of judgement or guilt.