Compiled by Jared Curtis jared@dmcityview.com

On the clock
Des Moines Police
Oct. 19-20

Oct. 19, noon to 10 p.m.
Burglary in the 3900 block of 11th Street. The victim came home to find a window in his kitchen had been broken, and his house was ransacked. Items including a VCR/DVD player, digital camera, GPS system, various pieces of jewelry and collectable coins were missing. The victim’s neighbor stated he saw three black males in their 20s, walking down the sidewalk about an hour before the victim returned home. One of the males was carrying a baseball bat. There are no suspects at this time.

Oct. 20, 1:45 a.m.
Theft in the 400 block of East 5th Street. A witness stated that a black male entered the Blazing Saddle, 416 E. 5th St., and took a seat at the bar. At some point the suspect grabbed an Aids Awareness donation jar, with at least $300 inside, and ran out of the bar. Three witnesses chased after him but lost him in the pursuit. A short time later, the suspect reappeared in the parking lot across the street from the bar. They pursued the suspect again, but he got into a gold Chrysler car. As he was backing up, the suspect hit one of the witnesses with his car, knocking him to the ground. The suspect sped away heading westbound.

Oct. 20, 4 a.m.
Assault causing injury in the 4000 block of 52nd Street. The victim stated that he was lying in his bed at his dad’s house when his brother entered the room. His brother was allegedly intoxicated and was mad that the victim didn’t stop his friend from having sex in another bedroom. The victim said he had no idea what his friend was doing. His brother punched him in the face six to eight times. The victim was taken to Broadlawns Medical Center and treated for swelling and redness to his face, as well as a cut under his lower lip that required stitches.

Busted

Name: Lance Michael Johnson
The story: The victim stated that around 9 p.m. on Oct. 17, a white male, later identified as Johnson, knocked on the door and asked for a donation toward a group called “Right to Life,” but she told him no. Around 10 p.m., Johnson knocked on the door again, this time asking for a donation toward a community college. The victim confronted Johnson and told him to leave because she knew he was the same person. Two days later, Johnson entered the house through an unlocked side door. The victim’s son saw Johnson walking out of his room, carrying his Playstation game console and asked, “Who are you and what are you doing in my house?” Johnson replied, “There is a kid outside, and he told me to get his Playstation.” Johnson then dropped the Playstation and ran out the door. Johnson was later apprehended and charged with second-degree burglary.

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. Frederick D. Ewing.

“The State charged Ewing with assault on a police officer resulting in bodily injury and possession of a controlled substance (marijuana). A jury found Ewing guilty of the two charges. The district court sentenced Ewing, in relevant part, to a term of incarceration of no more than two years on the assault conviction and a concurrent term of incarceration of one year on the possession of marijuana conviction. Ewing appeals, claiming the sentence imposed for possession of marijuana constitutes an illegal sentence.

“In response to Ewing’s claim of an illegal sentence, the State asserts that Ewing did not receive an illegal sentence and has not preserved error. For the reasons that follow, we conclude the sentence is illegal, and thus need not further discuss the question of error preservation. A person who knowingly or intentionally possesses marijuana is subject to punishment, by ‘imprisonment… for not more than six months.’ If the person has been previously convicted of possession of marijuana, the punishment is imprisonment not to exceed one year.

“The State notes that the pre-sentence investigation report that was prepared for and considered at sentencing states: ‘Ewing was previously convicted of delivery of a controlled substance 1 and was also previously convicted of possession of a controlled substance.’ Implicit in the State’s argument is a conclusion that Ewing’s implicit acknowledgement, at sentencing, of two prior controlled substance convictions satisfies the requirements for imposition of enlarged punishment based on prior convictions. We disagree. In deciding whether to defer judgment or sentence or suspend any sentence of imprisonment, the district court was required to consider Ewing’s prior record of convictions.

“In this case neither the original trial information nor the amended and substituted trial information alleged a prior conviction or convictions. We conclude that under these circumstances the sentence imposed on Ewing’s conviction for possession of marijuana could not be enlarged based on prior convictions, and the sentence imposed was therefore not permitted by statute and was thus illegal. Accordingly, we vacate the sentence imposed on Ewing’s conviction for possession of marijuana and remand the case for re-sentencing on that conviction.”

MOST WANTED

Name: Troy Edison Phillips
Age: 30
Height: 5’10”
Weight: 250 lbs.
Hair: Brown
Eyes: Brown
Wanted for: Phillips, along with his wife, Rachel Ann Phillips, is wanted for drug charges. If you know where to find this fugitive, contact Crime Stoppers at 223-1400.

BIG NUMBER
18
The overcrowded percentage of the nine Iowa state prisons.

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