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Jail time suspended so Oakland man can pay restitution

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November 13th, 2015 by Ric Hanson

A Pottawattamie County man avoided prison time, but not an almost $9,000 bill. The Daily NonPareil reports 22-year old Mark Wilke, Jr., of Oakland, was sentenced Wednesday to two, three-year prison terms after pleading guilty to an amended charge of operating a motor vehicle without owner’s consent, driving while barred and operating a vehicle while intoxicated. It was his second OWI.

Fourth District Judge Greg Steensland ordered the sentences to run consecutively, not concurrently, which means Wilke will be on supervised probation for up to six years. The Judge then suspended the sentence to allow Wilke to make restitution to his victims. Assistant Pottawattamie County Attorney Dan Salvo-McGinn said he believed the six years of supervised probation is a county record. Before Thursday, he said five years of supervised probation was the record length.

If Judge Steensland had run the sentences together, Wilke would have been on probation for two years. Steensland also suspended more than $3,000 in fines, so that Wilke can pay restitution to the victims as soon as possible. Steensland said he rarely suspends a fine ($1,875) for an OWI, but he wants Wilke to pay the victims back quickly. Salvo-McGinn said Wilke owes a little more than $8,661 to the victims.

Around 4:30 a.m., on May 24, 2015, while intoxicated, Mark Wilke Jr., stole a 2014 Chrysler 200 and hit a minivan at a high rate of speed. Before he came to a stop, Wilke hit two parked cars and the side of a house on the 3500 block of Avenue A, in Council Bluffs. During the plea and sentencing hearing, Wilke apologized for the damage he did to the house and the vehicles.

Wilke will need to remain sober and stay out of trouble with the law for six years to avoid violating his probation. He could still do prison time as well as pay fines if he fails to meet the stipulations of his probation. When Wilke pays back the victims, he can ask for an early end to his probation.

Wilke’s attorney, public defender Jennifer Solberg, told the court that Wilke has been trying to pay $200 a month to the victims out of his paychecks from Casey’s General Store. After being released on July 20, Wilke left Council Bluffs for Oakland to live with his mother. Solberg said Wilke would like to pay more, but he has struggled to find full-time work, and her client can’t drive, due to his driving record.

Wilke did serve 56 days at Pottawattamie County Jail for the charges before being released on July 20th after agreeing to plead guilty.