Compiled by Jared Curtis jared@dmcityview.com

On the clock
Des Moines Police — April 23 – 28

April 23, 1:30 p.m.

Indecent exposure in the 900 block of Rittenhouse Street. The victim was working in her yard when she saw a vehicle driving repeatedly around the block. She looked inside the vehicle and observed an older, white male wearing only sunglasses, a coat and boots. The victim reported to police that the suspect was masturbating. She wrote down the suspect’s license plate number and gave it to police.

April 26, 2:36 a.m.

Robbery in the 4100 block of Hubbell Avenue. A male victim met a woman, who he knew by her first name, at Gene’s Place, 2117 E. University Ave. He bought her several drinks and at closing time she asked him if he wanted to find a hotel room and have sex. The victim agreed and drove them to the Beacon Motel, 4144 Hubbell Ave. They parked near an unoccupied truck in the motel’s parking lot. Just as the victim was asking her to drive him to the lobby so he could get a room, two unknown males opened the door. They started screaming, “where’s your money motherfucker” and “how much you got?” The victim said he had $60, at which point the two males began punching him in the head. During the struggle the suspects pulled the victim’s coat over his face, so he could not see them. The victim’s cell phone and wallet, valued at more than $300, were stolen during the attack. The victim made it to the hotel lobby bleeding from his nose and mouth when he noticed a stab wound to his leg. The suspects got away, but the victim said he could identify the female.

April 27-28, 4 p.m. - 7 a.m.

Theft in the 800 block of McKinley Avenue. Officers were called to the Brew Haus, 830 McKinley Ave., on a theft call. The manager told police that when she entered the business she discovered an unknown amount of cash was missing from a room in the basement. There were no signs of forced entry. The circumstances surrounding the theft indicate that the suspect(s) had intimate knowledge of the business’ layout and could access secured rooms within the building.

Busted

Name: Ray Curtis Schrier

Story: The victim stated that when he returned home and opened the front door, he observed the suspect — later identified as Schrier — jumping out of his apartment window. The victim and two witnesses chased Schrier and caught him, holding him until officers arrived. Schrier stated he was never in the victim’s apartment, that they were friends and he didn’t know why the victim attacked him and accused him of burglarizing the apartment. The victim said nothing was stolen, but the window was open and the screen door was broken.

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. Martin Gomez Tapia Jr.

“Tapia is the older brother of the victim’s boyfriend and was in town for a family celebration. The boyfriend was home on leave after completing Marine Corp basic training. The victim, 17, testified she and her boyfriend had sex for the first time ever in the afternoon in his bedroom. In the evening she fell asleep on the couch of the living room with her head on her boyfriend’s lap. She testified she was on the couch when she woke up and found someone trying to have sex with her, she assumed it was her boyfriend. She stated she woke up because ‘my bottoms were being pulled at, like my underwear.’ The victim didn’t discover it was Tapia until he kissed her and she felt his facial hair. She then pushed him away. Tapia testified the sex was consensual and involved multiple kisses between the parties before the victim’s boyfriend interrupted them.

“The jury was instructed the State was required to prove beyond a reasonable doubt Tapia performed a sex act with the victim and the sex act was either by force or against the will of the victim or while the victim was physically helpless. Because the jury returned a general verdict of guilty, the evidence must be sufficient to support both alternative theories. The record provides substantial evidence for the jury to conclude the sex act was done against the will of the victim. As soon as she realized the man on top of her was not her boyfriend, she objected. Any acts by Tapia were clearly against her will.

“Whether the victim was physically helpless and unable to consent when Tapia engaged in a sex act is a jury question since the ‘state of the victim’s physical helplessness at any given moment is largely a question of fact.’ When viewing the evidence in the light most favorable to the State, we conclude a rational trier of fact could have found the victim incapable of consent due to being asleep and physically helpless. Because substantial evidence supports the jury’s verdict, we are bound by it on appeal and affirm the verdict.”

Most wanted

Name: Marcell Wiggins
Age: 22
Height: 5’11”
Weight: 180 lbs.
Hair: Black
Eyes: Brown
Wanted for: Drug charges. Wiggins has tattoos on his arms, hands and neck. Do not approach Wiggins, as he has violent tendencies. If you know where to find this fugitive, call Crime Stoppers at 223-1400.

63 : The number of prostitution arrests in Des Moines during 2007.

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