Audubon County Attorney Sarah Jennings issued a statement Thursday on her offices’ social media post, with regard to the sentencing of Ian Leib on drug charges. Jennings said on Thursday, March 7th, Leib was sentenced to 15 years in prison, the maximum time possible on his two offenses: Possession of a Controlled Substance (PCS), Methamphetamine, with Intent to Deliver (Class C Felony); and a Probation Violation on an Operating While Intoxicated (OWI), Third Offense charge out of Pottawattamie County. Jennings said “Since I took office, this is the second-longest sentence we have requested and received for any crime. Only Samantha Bailey’s 20-year prison sentence was longer. Both offenses were serious meth-related crimes, one involving a supplier and the other involving child victims. Law enforcement and I believe these stiff sentences send a clear message that we will not allow meth to continue to corrode the fabric of our community.”
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Ian Leib
Jennings went on to say “By strangling the supply of drugs with aggressive policing and prosecution, we can work together to eradicate the scourge that is methamphetamine from Audubon County. Remember that this all started with a jury verdict—I cannot emphasize enough how important jury service is and how thankful I am to the jurors who served in this trial.” An Audubon County jury convicted Ian Leib of PCS Meth with Intent to Deliver on January 29, 2019. Because Leib was also facing a probation revocation on an OWI 3rd in Pottawattamie County, Jennings reached out to her former colleague, Assistant Pottawattamie County Attorney Kerrie Snyder, to coordinate the hearings.
She says thanks to Ms. Snyder’s petition to the court and hard work behind the scenes, she was able to move the probation revocation hearing to Audubon County and get it set before the Judge at the same time as Leib’s sentencing hearing. The change of venue and combination of the hearings streamlined the proceedings and allowed the State to make a compelling argument for the court to run Leib’s prison sentences consecutive rather than concurrent. Leib had received a five-year suspended prison sentence on his OWI 3rd, but he had violated the conditions of his probation multiple times and thus was facing the imposition of the original prison sentence.
The first portion of the hearing was Mr. Leib’s sentencing on his PCS with Intent to Deliver charge. The prison term on this charge is not to exceed 10 years, but the code allows for the prison sentence to be suspended if the judge deems it appropriate. The Audubon County Attorney argued, based on Mr. Leib’s criminal history and failed attempts at community supervision, for the prison sentence to be imposed, not suspended. Judge Dreismeier went along with the State’s recommendation and imposed an indeterminate prison term of ten years on this charge.
Ms. Snyder then handled the probation revocation hearing portion of the proceeding. Ms. Synder put on evidence and argument that Leib’s five-year prison sentence associated with the original OWI 3rd offense should be “stacked,” or run consecutive and not concurrent, with the 10-year prison term. That evidence included his abusive and abhorrent behavior while in custody at the Audubon County jail, the fact that the 10-year prison sentence carries no mandatory minimum anymore, and that consecutive sentences would allow him a more meaningful opportunity for substance abuse and mental health programming while in prison.
Leib’s behavior while in custody in the Audubon jail included violent outbursts and verbal abuse toward jailers, dispatchers, and inmates to the point that he had to be transferred to other facilities multiple times to provide a respite. He also threatened the young children of an Audubon County deputy on one occasion and created a “hit list” while in his cell. Additionally, he repeatedly made racist remarks to other inmates and intimidated cellmates by flaunting a swastika tattoo on his chest.
Judge Dreismeier imposed the five-year original prison sentence associated with the OWI 3rd and followed the State’s recommendation that it be run consecutive with the 10-year prison sentence on the PCS with Intent charge for a total of 15 years in prison. Mittimus issued immediately, and Mr. Leib was remanded to the custody of the Department of Corrections to serve his time at Oakdale. His appeal bond was set at $20,000.
“Today was a major victory for Audubon County law enforcement and a testament to the power of team work. In spite of having literally hundreds of other cases, Ms. Kerrie Snyder put Mr. Leib’s revocation hearing at the top of her priority list and drove 3 hours in inclement weather to be here today. The consecutive sentences would not have happened without her.
Thank you to Sheriff Todd Johnson and Chris Walla from probation for testifying today. I also want to thank Deputy Nate Tibbets and the brave dispatchers and jailers who spoke out against Mr. Leib and his despicable treatment of them to make sure justice was served. Law enforcement and I are also grateful to Judge Dreismeier for holding Mr. Leib accountable for his behavior and recognizing the seriousness of his crimes,” Jennings added.