RAP SHEET

Dispatcher: 911 . . .

Caller: Yes, I'd like to have a Polk County Sheriff's deputy come out here, please. I had a man assault me.
D: Where you coming from?
C: Southeast 66th Place.
D: Is that where the guy was?
C: Yeah. Fred. He's got three dogs. The dogs already bit at one of my kids before. I told him to get them on a leash and out of my property and he spit in my face.
D: What's your name?
C: Elly.
D: OK, we'll send an officer out there.
C: Thank you.

Officer's Report: Eleanor reported that a neighbor, Fred, has a long-standing habit of walking his dogs without a leash. He reportedly has four dogs. Eleanor said that she has had words with Fred on this issue before and that, in the past, Polk County Animal Control has picked up his dogs for running at large. Today he was walking three of them with no leashes. The dogs came into Eleanor's yard. She walked out to the edge of her yard near the street and told Fred to get his dogs out of her yard. Fred said something to the effect that he didn't have to and then he spit in her face. Eleanor said that the spittle hit her in the face, hair and the front of her clothing. Eleanor's husband Brian said that he did not witness the spitting incident but he did observe the spittle on the front of her clothing. Eleanor said that the incident occurred about 0740 hours. By the time I arrived at 0830 hours, the spittle had dried up or been cleaned up. After the spitting incident, Fred walked away but he returned a short time later and said words to the effect that he would spit on her again, and Brian said that he did witness that statement. Eleanor said that she wanted charges filed for the incident. Eleanor and Brian described Fred and his pick-up truck to me, gave me his license number and pointed out his house. I went to Fred's house, but no one answered the door. I left a note asking him to call me as soon as possible and I had dispatch leave a voice message on his answering machine. At about 1010 hours, Fred returned home and called in. I went back to his residence and spoke to him. Fred admitted that he was walking his dogs without a leash and that they did go into Eleanor's yard. Fred said that Eleanor came out and began to use profanity in her request to him to remove his dogs and that she was
swinging a makeshift club at the dogs, although she did not hit any of them. Fred said that he was upset at her lack of respect for her elders and he accidentally spit on her when he was speaking to her. He then admitted that he intentionally spit on her a second time. He said that he went back later to apologize but she would not accept it. I filed a charge of simple assault on Fred and released him on a police citation.

Docket diving

Crying in his office after what she considered a series of botched plastic surgeries, Gail Peppmeier thought Dr. Eugene Cherny and Heartland Plastic and Reconstructive Surgery were on her side. But she soon found out that didn't mean they'd take the stand.

After going under the knife in 2000, the Des Moines resident was unsatisfied with a breast procedure performed by Dr. Bruce Murphy which, even after two operations, did not result in the appearance she requested. Months after the procedures, Peppmeier took her complaints to the president of the company, Dr. Cherny -"I was extremely upset that day," she testified. "I was crying. Because at this point I had wasted money as a single mom that necessarily wasn't needed." During that tearful discussion, she alleged that Dr. Cherny not only "told her that Dr. Murphy had botched the surgery," but stated that "Heartland would help her sue Dr. Murphy for the negligent operation." However, when Peppmeier sued Murphy and Heartland for negligence and designated Cherny as an expert witness, the executive doctor made very clear that he'd play no part in the case, testifying that he "did not recall" the statements Peppmeier attributed to him, that medical records did not indicate any malpractice or "anything that is remotely like what Ms. Peppmeier states," and that "[Cherny] was quite upset with Murphy and could have said things in the heat of emotion."

With Cherny holding the ranks and remaining off-the-record, Murphy filed a motion for summary judgment, arguing that, because Peppmeier had no expert willing to testify to Murphy's negligence, she had no basis to establish her medical malpractice action. Polk County District Court Judge Don Nickerson agreed, noting that such unofficial comments attributed to Cherny "were insufficient to substitute for expert testimony" and "did not, as a matter of law, establish negligence." As such, Nickerson dismissed the case against Murphy, and, by extension, reasoned that the suit against Heartland was also dead in its tracks.

But the Court of Appeals didn't see it that way. While Cherny's statements weren't admissible in the case against Murphy, they could be used against Heartland, which could be held responsible for Murphy's actions. As such, the Court of Appeals ruled that, although Murphy was rightfully off the hook, the case against Heartland still had a pulse. So the case went to the Iowa Supreme Court, where the justices tackled a larger question: "The issue then becomes whether a principal (Heartland) may be held vicariously liable for an agent's (Murphy) actions when there has been a final adjudication that the agent (Murphy) was not liable." Taking into account a host of similar cases, the justices explained that, because the "operative facts" against the principal and the agent are identical, to let one case move forward after the other is shot down, "would allow the plaintiff to have two trials for the same cause of action." In Peppmeier's case," the summary judgment disposed of all issues and controversies between Peppmeier and Murphy," Chief Justice Louis Lavorato explained. "Because Peppmeier's claim against Heartland was based on the same facts that comprised her claim against Murphy, her claim against Heartland is necessarily barred." So, with a ruling released one day before the new year, the Supreme Court ensured that 2006 will not bring any legal resolution to Peppmeier's claims.

Sucks to be you

Name: Vern Riley Southwick
Place of Incident: Des Moines
Posed for this picture because: After being shorted his share of marijuana in a drug transaction, Vern Southwick allegedly went to a South Side home last week armed with an axe to exact retribution for the seller's stinginess. Using the weapon to break through a storm door, Southwick allegedly stormed into the basement and struck a victim in the head with the handle multiple times before smashing the windshield and denting the hood of the victim's vehicle. After being identified by several witnesses, Southwick was arrested on charges of burglary, criminal mischief and felonious assault.

Unfinished business

According to the City of Des Moines' January report:

-- The Des Moines Register owes $5,300 for sponsorship of a youth basketball league, which was due Dec. 15.
-- UPS (United Postal Service) owes $239,023.88 for police and fire services at the Des Moines International Airport, which was due Dec. 21.
-- Drake University owes $1,633.73 for use of city park soccer fields, which was due Dec. 12.
-- Jennifer Wahlert owes $910.25 for police services rendered during the Fire in the Sky event held Dec. 3, which was due Dec. 19.
-- The South Suburban YMCA owes $11.42 for police services rendered for the Jingle Jam Race held Dec. 3, which was due Dec. 19.

On the clock

Des Moines Police- Jan. 1

1:25 a.m. Assault/threats in the 1300 block of Diehl Avenue, involving a victim who was leaving Bowlerama when "his cousin grabbed him by the back of the neck and told him he had 4,000 reasons to kick his ass and if he saw him outside he was going to kill him." Despite the threats and an attempt to start a fight in the parking lot, the victim left before any altercation began.

2:30 a.m. Willful injury in the 200 block of East Third Street, involving two suspects brandishing a knife and brass knuckles after getting out of a car at Club Statik in response to a fight between two other men. An altercation ensued, during which one victim was struck with the brass knuckles and another was stabbed three times in the back and side with the knife.

2:50 a.m. Burglary in the 900 block of Oakridge Drive, involving a victim arriving home from a bar to discover someone had broken out her front window and "trashed the place, leaving broken bottles and knocked furniture over." However, the victim, "who was extremely intoxicated, could not provide many details and advised nothing was missing."

3:40 a.m. Assault with a weapon in the 400 block of East Payton Street, involving a man who fled to a Kum & Go on Army Post Road after being threatened with a gun by a suspect who "stated that he would 'kill everyone'" at the location. Upon arrival at the residence in question, officers spoke with the suspect, who had a bloody nose and cut lip but would not relay what had happened. However, a witness stated that she had seen a physical fight between the suspect and the victim, during which the suspect got his gun and pointed it in the victim's face. She also noted that the suspect "waves his gun and threatens to kill people regularly." The suspect was placed into the back of a patrol car, during which time he began "blowing his blood on equipment" and, when removed from the car, "started to call officers names such as 'bitch,' 'asshole' and 'fucker.'" The suspect was taken first to Broadlawns and then to the Polk County Jail.

(Alleged) drunk drivers

Name: Cynthia Denise Cook
Arrested: Jan. 2
First offense

Name: Laura Jon Money
Arrested: Jan. 3
Second offense

Name: Theresa Lynn Loose
Arrested: Jan. 4
Second offense

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