Compiled by Andrew Brink andrew@dmcityview.com

On the clock
Des Moines Police — June 9-11

June 9, 5:25 p.m.
Burglary in the 700 block of Grandview Avenue. The victim said she left her house to go to the store. She was certain her doors were locked. When she returned home, she found a note on her kitchen counter. Inscribed on the note were the words “leave him.” The victim said she felt the note referred to her husband. There was no sign of forced entry.

June 10, 6:14 p.m.
Fire investigation in the 2900 block of Southeast 10th Street. The victim said she was in her backyard when she saw smoke coming from the side of the house. She walked to the front of the house and saw that her van was on fire in her driveway. Police are following up on reports that “some kids” had been seen near the van earlier in the evening.

June 11, 4:25 a.m.
Fire investigation at Woodlawn Elementary School, 4000 Lower Beaver Rd. Des Moines’ police and fire departments were called to Woodlawn Elementary, where witnesses reported seeing a fire in the school’s parking lot. The following is a police officer’s account of what transpired next: “I arrived and saw a pile on fire in the parking lot. I looked closer and it appeared to be a Porta Potty on fire. The fire department arrived and put out the fire. The water strongly affected the fire, causing it to flash hotter. After the fire was put out, I was unable to determine who owned the Porta Potty.”

Busted

Name: Suzanne Marie Butts
The story: Suzanne Marie Butts of Marshalltown was caught stealing toilet paper last week from the Marshall County Courthouse. The Associated Press couldn’t resist writing the following headline: “Butts charged with stealing toilet paper.” According to the AP, a courthouse employee witnessed Butts take three rolls of two-ply toilet paper from a storage closet. Butts could face up to three years of jail time if convicted of the fifth-degree theft. The AP reported that Marshalltown Police Chief Lon Walker could barely contain himself when talking about the case. After telling reporters that Butts could face prison time, he had to stifle a laugh. “See, I can’t say it with a straight face,” Walker reportedly said.

129 : the number of fatalities resulting from motor vehicle accidents in Iowa between Jan. 1 and May 25.

Docket Diving

The following is from a recent ruling made by the Iowa Court of Appeals regarding the case of the State of Iowa vs. Timothy Daniel Dugan:

“On July 21, 2006, Timothy Dugan pled guilty to a drug tax stamp violation, in violation of Iowa Code section 453B.3 (2005) and assault causing bodily injury, in violation of section 708.2(2). Following that plea, the Iowa Department of Correctional Services compiled a pre-sentence investigation report in which it recommended probation. At the subsequent sentencing hearing, Dugan requested probation, while the State declined to give any recommendation. The court sentenced him to a term of imprisonment not to exceed five years on the tax stamp conviction and a concurrent term of 120 days on the assault conviction. Dugan appeals, claiming ‘the district court’s decision to sentence [him] to prison was unreasonable.’

Our review of a sentence imposed in a criminal case is for correction of errors at law. … The decision of the district court to impose a particular sentence within the statutory limits is cloaked with a strong presumption in its favor, and will only be overturned for an abuse of discretion or the consideration of inappropriate matters. … An abuse of discretion will not be found unless we are able to discern that the decision was exercised on grounds or for reasons that were clearly untenable or unreasonable.

We conclude the district court did not abuse its discretion in sentencing Dugan to a term of imprisonment. First, the sentence imposed was within the statutory limits. … Second, prior to the current convictions, Dugan had been convicted of aggravated battery in Illinois, placed on and successfully completed 30 months of probation. After reviewing the pre-sentence investigation report, the court stated on the record, ‘[t]he greatest concern to the Court is the Defendant’s previous conviction for aggravated battery . . . It doesn’t appear . . . that further probation would be an effective deterrent to further criminal activity by the Defendant.’ The court then concluded that the ‘sentence also would provide the greatest security to the community from further criminal activity by the Defendant’ and sentenced Dugan accordingly. Neither this reasoning nor the resulting sentence demonstrates an abuse of discretion by the district court. We therefore affirm the sentence imposed.”

Most wanted

Name: Nong Luong Van
Age: 40
Height: 5’11
Weight: 220 lbs.
Hair: Black
Eyes: Brown
Wanted for: Probation violation

As of June 14, Van is wanted by United States Marshals for probation violation in reference to conspiracy to distribute meth. He should be considered armed and dangerous and should not be approached. If you know where to find this fugitive, call Crime Stoppers at 223-1400.

Comment on this story | Return to top