Metro Briefs

BY DI STAFF | MARCH 3, 2009 7:20 AM

Man charged with 3rd OWI

A Fort Madison man was arrested early Monday morning after allegedly driving drunk.

Chevy Frueh, 26, was charged with third-offense OWI, possession of marijuana, possession of drug paraphernalia, and driving while barred.

According to UI police, officers pulled Frueh over because he was swerving into the oncoming traffic lane.

Frueh admitted to drinking, smelled of alcohol, had watery eyes, and swayed while standing, police said. He failed field sobriety tests and a preliminary breath test, police reports show.

When officers searched him, they found a “one-hitter.” Frueh admitted it was marijuana and admitted to smoking it earlier that night, authorities said.

Third-offense OWI is a Class D felony, punishable by up to five years in prison and a maximum fine of $9,375. Possession of marijuana is a serious misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

Possession of drug paraphernalia is a simple misdemeanor, punishable by up to 30 days in jail and a fine of up to $625. Driving while barred is an aggravated misdemeanor, generally punishable by up to two years in prison and a maximum fine of $5,000.

— by Regina Zilbermints

Fry’s attorneys request testimony prohibition

The attorneys for 22-year-old Curtis Fry are requesting the judge prohibit prosecutors from using testimony of 13 witnesses in Fry’s second-degree-murder trial next week.

Iowa City Chief Public Defender Peter Persaud and Public Defender Quint Meyerdirk filed the motion on Monday.

The attorneys requested to omit “hearsay” from conversations with Fry’s brother, Cory Fry, including testimony from his speaking with Iowa City police Officer Kevin Berg and men named Kevin Anson, Kevin Kieras, and Kyle Gayman.

Persaud and Meyerdirk also requested the judge not allow testimony from Iowa City police Officer Gabe Cook, who, the attorneys say, may testify about Fry’s alleged victim — 75-year-old Patrick McEwen — being beaten to death. Testimony from other police officers about their conversations with McEwen’s neighbors should also be considered hearsay and omitted, the attorneys wrote.

Finally, Persaud and Meyerdirk wrote the judge should not consider testimony from four of McEwen’s health-care providers, who may testify about McEwen’s character.

Iowa City police Officer Carlos Trevino, Iowa City police Investigators David Gonzalez and Scott Gaarde, and Rabbi Jeff Portman were also named as witnesses in the motion.

Fry, of Wilton, Iowa, is accused of beating McEwen to death in the early morning hours of Feb. 7, 2008 — Fry’s 21st birthday.

Fry is charged with second-degree murder; he faces 50 years in prison if convicted. His trial is set to begin March 9.

— by Olivia Moran

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