Fatal Motor Vehicle Accident January 11, 2025

Released January 12, 2025 at 10:00 pm - On Jan. 11, the Sioux City Police Department and several area law enforcement agencies responded to a rollover accident on Highway 20 eastbound near mile marker 1.

Based on the preliminary investigation, a 2004 Jeep Cherokee was traveling eastbound on Hwy 20 when the driver lost control of the vehicle. The vehicle left the roadway and rolled over several times down the embankment.

The driver was a 19-year-old man from South Sioux City, Neb. and was critically injured in the accident.

He was transported to a local hospital and later died of his injures.

The name of the deceased is not being released at this time pending notification of his family.

This incident remains under investigation.

OIS on October 20, 2024 in the 2500 block of 1st Street

On October 20th, 2024, at approximately 7:22 pm an adult female contacted 911 dispatchers, indicating that she had been approached by a male party the 2600 block of Correctionville Road. The male had loaded a pistol and displayed it in a threatening manner before leaving towards Correctionville Road.

Officers were dispatched to the area and located a male party matching the description walking near Leech Avenue and South Fairmont Street. When confronted by officers, the suspect began walking away and pulled a firearm from his pocket. After being ordered to stop and to drop the gun, the suspect ran from officers. During the foot pursuit, the suspect shot at officers.  An officer returned fire. The suspect continued to flee towards the Greenville area where officers lost sight of him.

Additional law enforcement officers from the Sioux City Police Department and Woodbury County Sheriff’s Department responded to the area. A perimeter was established to limit the suspect’s movement. SCPD public information officers put out messages on social media and worked with local media outlets to request Greenville area residents shelter in place until the event could be resolved.

 An incident command post was established and the SCPD SWAT Team was mobilized to begin a search of the area for the suspect. Based on information obtained during the investigation, officers searched 2519 East 1st Street. The suspect was located hiding in a crawl space on the second floor of the house. The suspect refused multiple commands to surrender. SWAT officers fired upon the suspect when he appeared to be reaching for his weapon.

Once the suspect was subdued, officers immediately began lifesaving measures. The 42-year-old suspect was transported to MercyOne Medical Center with a life-threatening injury. At the time of this release, the suspect was in critical condition. No officers were injured by gunfire during this incident.

The Sioux City Police Department contacted the Iowa Department of Criminal Investigation to investigate the incident. Per department policy, involved officers will be placed on administrative leave pending the outcome of an internal investigation. Charges are pending on the suspect.

 At this time, his name is not being released.

UPDATE Oct. 20, 2024 - The individual involved in the officer involved shooting is Jamie Orozco of Sioux City. Following the incident Orozco was transported to Mercy One for initial care, and then transported to Omaha Nebraska for advanced medical treatment. He is currently in critical condition. The incident began on Sunday, October 20th when Orozco was being sought in relation to a citizen who had been threatened with a firearm. When officers located Orozco, he produced a handgun, fled on foot, and fired at officers. He was later located by SWAT officers hiding in a residence on 1st Street where an officer involved shooting occurred. The incident continues to be under investigation by the Iowa Department of Criminal Investigation and the Sioux City Police Department.

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SCPD Survey

The Sioux City Police Department encourages community involvement and desires our resident’s help in directing the efforts of their police department.  As such, we are requesting our residents take the opportunity to complete the police department’s on-line survey.  The survey should only take about 5 minutes to complete.

The survey can be taken by entering the following web address into any web browser or by scanning the QR code.

https://www.surveymonkey.com/r/SCPDsurvey

Early morning shooting on W 19th St #23SC27457

On September 21st, 2023, at 5:14 AM the Sioux City Police Department received a call of shots fired in the area of W. 19th and Center Street. Officers arrived on scene and located an adult male suffering from a single gunshot wound. Sioux City Police Officers attended to the victim, until Sioux City Fire and Rescue arrived on scene. The victim was transported to Mercy One for treatment.

Officers conducted a canvas of the area, locating evidence of a shooting. The investigation is on-going. The name and condition of the victim are not being released at this point in the investigation. This incident appears to be a targeted incident, we do not believe the general public is in any danger.

Anyone with information relating to this incident is encouraged to contact the Sioux City Police Department at 712-279-6440, or the anonymous tip line 712-258-TIPS (8477).

The incident is still under investigation by the Sioux City Police Department. No other information is available at this time.

CALEA portal for public input created

The Sioux City Police Department wishes to announce the addition of a new resource on their website.  The Commission on Accreditation of Law Enforcement Agencies, CALEA, has launched a public comment web portal.  The SCPD has built a link to this site on the SCPD website under the Resources Tab called CALEA Portal.

CALEA maintains an access portal which allows for public comment and feedback.  Access is provided as an opportunity for comments, commendations, and other information regarding the SCPD’s quality of service or other information relevant to the department’s accreditation process.  This comment portal replaces the need for CALEA to hold public hearings every 4 years.  CALEA can now receive public comments about the SCPD year-round instead of just on one day, quadrennially.

These comments can be in the form of commendations or concerns. The overall intent of the accreditation process is to provide the Sioux City Police Department with information to support continuous improvement, as well as foster the pursuit of professional excellence.

CALEA is not an investigatory body and subsequently the public portal should not be used to submit information for such purposes. Citizens wishing to file formal complaints against an officer should contact the Sioux City Police Department’s Professional Standards section at 712-279-6356.

There will be no response other than acknowledgement to submissions; however, the information will be considered in context to its relevancy to compliance with standards and the tenets of CALEA Accreditation of the SCPD.  

The Sioux City Police Department has been continuously accredited by CALEA since 1995 and was re-accredited in July 2022 for the 9th time.

The CALEA public portal can be found at www.siouxcitypolice.com/calea-portal

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SCPD hold annual awards ceremony

The Sioux City Police Department held its annual awards ceremony on May 1 8 to recognize the accomplishments of civilians, volunteers, civilian staff, and officers during the past year.

Chief Rex Mueller, Chief of Police for the Sioux City Police Department presided over the ceremony and handed out awards for volunteering, lifesaving, and efforts made to improve relationships with the community and improve the department.

The following a list of the recipients and the awards.

Lifesaving – Officer Troy Hooks

Lifesaving – Officer Casey McBride & Officer Mike Simons

Lifesaving – Officer Kimberly Steele

Lifesaving – Officer Andrew Dutler

Lifesaving – Officer Dylan Frederickson

Lifesaving - Lt Hoogendyk & Officer Shawn Robinson

Community Policing – Officer Heather Skogman

Exceptional Duty – Officer Brennan Gill

Chief’s Appreciation - Bob DeSmidt

Chief’s Appreciation – Raul Gomez, Natnael Kifle, Joseph Olson and Jose Gutierrez

Chief’s Appreciation – Sunnybrook Church & Janet Coon

Chief’s Appreciation – Heartland Church & Pastor Gene Stockton

Volunteer Award - Officer Brent Heald

Achievement – Lt Heineman, Lt Hoogendyk, Sgt Aesoph, Officer Hein & Traci Markowski

Chief’s Commendation – FBI Agent Sam Roberts

Chief’s Commendation – SSCPD Detective Juaquin Orduno

Chief’s Commendation – FBI Agent Brad Colligan

US Attorney’s Victims Service Award – Detective Nate West

Civilian of the Year – Jakki Bata

Officer of the Year – Officer Valerie Rose

We wish to congratulate this year’s recipients.

2022 Town Hall Meeting Held

We held our annual Town Hall Meeting for 2022 on Monday Oct. 24 at the Sioux City Public Museum.

We discussed the Strategic Plan for the City and the department, the Downtown Partners Crime Prevention Initiative, and the Neighborhood Network.

You can watch the recorded live stream at https://fb.watch/gm_aEKdfPQ/

Give us your thoughts at www.siouxcitypolice.com/town-hall

And you can download a copy of the slide and handouts by clicking the button below.

Teen stabbed by unknown man during altercation - 22SC27238

On Saturday September 24 at about 6:18 pm, the Sioux City Police Department responded to a report of a stabbing in the 1300 block of Jackson St.

Responding officers located a 17-year-old male suffering from a severe laceration to his neck. He was transported to MercyOne for treatment of his life-threatening injury.

Witnesses stated that the victim and a friend had been in front of a residence in the 1300 block of Jackson St. when a person not known to them, approached them, and started a confrontation. The unknown person pulled out a knife and stabbed the victim after the exchange became physical. It is not known why the man provoked a fight with the teens.

The suspect then fled the area and has not been located or identified.

Detectives are looking for a white male that is in his late 20’s or early 30’s. He is 5 foot 5 inches tall and has a slight build with his weight estimated to be about 120 pounds. He has light brown or dirty blonde hair. He was last seen wearing a flat billed baseball hat, baggy khaki shorts, and a “jersey” style t-shirt that was light blue and the sleeves were a different color that button or zipped up the front.

Anyone with information who this subject is or video footage of the area that may help identify the man is asked to call the Sioux City Police Department at 279-6440. 

SCPD investigates post on social media that caused school lock-outs

On September 23 at around 8:30 am, students at West High School in Sioux City notified school administration and the Sioux City Police Department of a concerning post on social media showing ammunition and a message that seemed like a veiled threat.

Out of an abundance of caution, the Sioux City Community School District implemented security measures to ensure the safety of students.

Officers worked closely with the school to keep students safe and fully investigate the matter.

The student who made the post was identified and located. The juvenile-male is being questioned on the matter.

As the post was not a direct threat, the department is referring this incident to the County Attorney’s Office for consideration for charges.

Students that reported the post are to be commended for reporting a concerning post that indicated a possible threat to safety.

We also encourage parents to speak to their children about posting messages and images to social media that may cause alarm.

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Speed violations and accident trend down after cameras installed

Since the placement of speed photo enforcement cameras on Hamilton Blvd. and Floyd Blvd., the Sioux City Police Department has seen a decrease in speed violations and accidents reported near the cameras.

Speed camera in the 3300 block of Hamilton Blvd.

The cameras were stationed in the 3300 block of Hamilton Blvd. and the 3000 block of Floyd Blvd. in May of 2022 but due to a technical issue, violations were not issued until July. However, monitoring of traffic data was available during that time.

When the camera on Hamilton Blvd. was put in place in May, 1.9% of cars passing it were over 10 mph of the posted speed limit. By the end of July, only 1.06% cars passing were in violation.

Accident data indicates a downward trend as well. Between Jan. 1, 2018, to June 10, 2022, between Stone Park Blvd and 36th St. on Hamilton there were approximately 2.26 accidents a month. For July and August 2022, that rate drop to approximately 1.5 accidents a month.

On Floyd Blvd between 28th St. and Outer Dr. for the same time periods, the accident rate dropped from .8 accidents a month to 0 reported accidents.

The technical issues with the cameras were corrected around July 12 and violations were issued starting at that time. Between that date and August 31, there were 970 violations approved by officers overseeing the program.

As more time passes, more accurate accident data will be generated but initial indications are that the cameras are slowing traffic down and reducing accidents.

Teenager struck while skateboarding in roadway - SCPD #22-24759

On September 1 at 4:48 a.m., the Sioux City Police Department responded to a report of a skateboarder being struck by a vehicle in the Northbound lane at 2400 S. Lewis Blvd.

A teenaged-male was struck and was transported to the hospital with life-threatening injuries and has since passed away due to his injuries.

Initial information gathered was that the juvenile was riding a skateboard in the middle of the road and the driver was unable to avoid a collision due to the lack of time from observation of seeing the juvenile combined with the darkness of the roadway at that time of day.

SCPD Traffic Investigators were called out to the scene. This investigation is still on-going.

Original release Sept. 1 with an update on Sept. 6.

HSI, Sioux City police department investigation results in 30-year sentence for child predator

SIOUX CITY, Iowa – A Salvadoran man who sexually assaulted a child was sentenced July 28 to 30 years in federal prison following a joint Homeland Security Investigations (HSI), Sioux City Police investigation. Juan Pablo Hernandez, 44, originally from El Salvador but living in Sioux City, received the prison term after a March 10 guilty plea for aggravated sexual abuse of a child.

“I struggle to find something more important than protecting the children in our community,” said Katherine Greer, special agent in charge of HSI Kansas City. “I am extremely proud of the work by the agents and officers from both HSI and the Sioux City Police Department. Through our strong partnership we are to bring justice to victims and remove dangerous individuals, like this, looking to harm children from our streets.”

At the plea hearing, Hernandez admitted to driving from South Sioux City, Nebraska to Sioux City with a minor under the age of 12 to sexually assault the minor. Hernandez took sexually explicit photographs of the minor.

Hernandez was sentenced to 360 months’ imprisonment by United States District Court Chief Judge Leonard T. Strand. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.

Project Safe Childhood

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.

Hernandez is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was investigated by the Sioux City Police Department and HSI and was prosecuted by Assistant United States Attorney Ron Timmons. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 21-4093.

Learn more about HSI’s mission to combat child exploitation in your community, on Twitter @HSIKansasCity.

Homeland Security Investigations

HSI is the principal investigative arm of the U.S. Department of Homeland Security (DHS), responsible for investigating transnational crime and threats, specifically those criminal organizations that exploit the global infrastructure through which international trade, travel, and finance move. HSI’s workforce of over 10,400 employees consists of more than 6,800 special agents assigned to 225 cities throughout the United States, and 86 overseas locations in 55 countries. HSI’s international presence represents DHS’s largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement.

Released August 3, 2022

Source: https://www.ice.gov/news/releases/hsi-sioux-city-police-department-investigation-results-30-year-sentence-child

SCPD receives 9th accreditation with CALEA

Administration with the Sioux City Police Department traveled to Chicago Illinois this past weekend to seek continued accreditation through the Commission on the Accreditation of Law Enforcement Agencies. CALEA® Accreditation serves as the International Gold Standard for Public Safety Agencies. And establishes that the SCPD as an agency that seeks the highest level of law enforcement standards and practices.

The process of CALEA Accreditation begins with a rigorous self-assessment, requiring a review of policies, practices, and processes against internationally accepted public safety standards. This is followed with an assessment by independent assessors with significant public safety experience. Additionally, public feedback is received to promote community trust and engagement, and structured interviews are conducted with select agency personnel and others with knowledge to assess the agency’s effectiveness and overall service delivery capacities. The decision to accredit is rendered by a governing body of twenty-one Commissioners following a public hearing and review of all reporting documentation.

During the public hearing in Chicago, the SCPD was awarded their 9th accreditation with CALEA. This award remains in effect for four years and the agency retains all privileges associated with this status during that period.

CALEA Accreditation is a continuous process and serves as the foundation for a successful, well managed, transparent, community-focused public safety agency. To this end, an agency must maintain its accredited status by always remaining in compliance with CALEA standards.

CALEA congratulated the Sioux City Police Department for demonstrating a commitment to professional excellence through accreditation. The CALEA Accreditation indices are the Marks of Professional Excellence. The Sioux City Police Department is proud to stand among the Sioux City Fire Department, Sioux City Fire EMS Division, and the Woodbury County Communications Center as another accredited entity that continues to serve our community with honor and dedication. The fact that accreditation is embraced by all these public safety entities is proof of our commitment to providing the highest level of professional public service to our citizens.

Exotic snakes removed from home.

Officers with the Sioux City Police Department assisted Sioux City Animal Control in the execution of a search warrant to remove numerous exotic snakes and feeder mice that were being raised in a Sioux City home on July 11 shortly after 10 pm.

Officers were called to a home in the 4600 block of Harrison St. after a neighbor complained of finding a boa constrictor and feeder mice in his house.

Animal Control removed the animals and are caring for them at the Sioux City Animal Adoption and Rescue Center.

The home-owner was not at home at the time of the removal.

The matter has been referred to the City of Sioux City Legal Department for consideration of appropriate charges.

This is an on-going investigation.

Guidance on the new ATV/UTV law effective July 1

Iowa House file 2130 regarding ATV’s and UTV’s will be effective this Friday July 1st. The bill legalizes the use of these vehicles on a limited number of roadways. The SCPD wanted to provide some guidance to citizens to facilitate legal operation these vehicles on the appropriate roadways in the corporate limits of Sioux City.

The amended Iowa Code section 321I.10(3) for ATV/UTV usage allows cities to regulate operation of such vehicles on two-lane primary and secondary road extensions. Highways greater than 2 lanes are not available for ATV/UTV use, regardless of location in the city or county.

The only roads in Sioux City where ATV/UTV usage is legal based on the amended laws will be the following:

• K29 – Old Lakeport Road, South of Derocher Path

• D18 – Correctionville Road, East of Camp High Hopes

• D25 – Old Hwy 141, Southeast of the entrance to the cemetery. 

• ATV/UTV operation on other streets is not permitted, and a violation carries a fine of $70.00. 

Individuals who choose to operate ATV’s or UTV’s on these approved roadways must also comply with these restrictions:

• Driver of the ATV/UTV must be at least 18 years of age and have financial liability coverage in effect for the vehicle and carry proof of such financial liability coverage (insurance)             

• The ATV/UTV shall display lighted headlamps at all times while the vehicle is operated on the highway.

As indicated, this new law allows local cities to regulate usage in addition to current state laws. Sioux City currently has no ordinances that either restrict or allow ATV/UTV usage on Sioux City streets beyond what is indicated above in the new state law.

Armed robbery in the 4100 block of Floyd Blvd - SCPD #22-17588

On June 27 at 5:00 p.m., the Sioux City Police Department responded to a report of a robbery that occurred at a gas station in the 4100 block of Floyd Blvd.

The adult-female victim of the robbery reported that she was putting gas in her car when a light blue Toyota Camry pulled up beside her vehicle. A man got out of the passenger side of the Toyota, approached the female, and demanded her belongings while displaying a gun. The woman initially struggled with the man until he started to become more aggressive. The suspect then got back into the Toyota and the car fled north on Floyd. The woman was not injured during the altercation.

A short time later, a report of shots being fired in the 5300 block of N. Cleveland Street was received. Involving a man in a light blue Toyota Camry.

Sioux City Police Officer responded and assisted the Plymouth County Sheriff’s Office in the investigation.

Officers determined that the suspect in the robbery on Floyd had pulled onto private property and discarded some of the items that were taken in the robbery. When the owner of the property confronted the subjects in the Toyota, the male in the passenger seat shot at the land owner. The land owner, who is an adult-male, was also armed and shot back at the suspect. No injuries were reported from the shooting.

Plymouth County Deputies located the Toyota over an hour after the shots fired call in the area of C80 and Highway 75. The car was unoccupied. They determined that a male and female had abandoned the car and got into a mid-2000’s silver Cadillac with a black top.

The suspect is described a lighter-skin tone black male, 6-foot-tall, with a slender build, and a goatee. The suspect remains at large and is considered armed and dangerous.

Anyone with information on this matter is encouraged to contact the Sioux City Police Department or the Plymouth County Sheriff’s Office.

Any arrest/charge noted in this report should be considered merely an accusation. Any defendant is presumed innocent until and unless proven guilty.

Officers continue partnership with OU and DQ to promote bike safety

This summer marks the 8th consecutive year of Opportunities Unlimited’ s partnership with the Sioux City Police Department and local Siouxland Dairy Queens through the "You’ve Been Ticketed" program. As an extension of OU’s Gotta Brain, Getta Helmet program, "You’ve Been Ticketed" is designed to encourage children to wear helmets while riding their bikes. If children are seen wearing their helmets while riding bikes, scooters, skateboards, etc. by either the Sioux City Police Officers or Volunteer Trailblazers, they will receive a ticket for one free Dairy Queen ice cream cone. This partnership benefits all parties involved. Children who are practicing proper bicycle safety are rewarded with a sweet treat, Police Officers can connect with more children in a positive and supportive manner, and Dairy Queen promotes community outreach.

Jennifer McCabe and Susan Vondrak with Opportunities Unlimited speak at a press conference about the You’ve Been Ticketed program where officers will give kids wearing helmets “tickets” good for a free Dairy Queen ice cream cone.

Opportunities Unlimited also benefits from "You've Been Ticketed" by promoting brain injury awareness in the Siouxland Community. President and CEO, Jennifer McCabe states, "It is our hope that if we prevent just one brain injury, we feel like it's been a success. Through Gotta Brain, Getta Helmet and "You've Been Ticketed", just a couple of local programs, we are able to further support our mission and spread awareness of brain injury prevention."

The Sioux City Police Department is also looking for new volunteers to assist on the bike trails and has mountain bikes available for the volunteers to use if they would like, and each volunteer is given a new bike helmet. Volunteer Coordinator, Rita Donnelly, commented, "We are looking for additional volunteers to help provide a friendly presence on the bike trails, (and hand out "tickets") so if anyone is interested in becoming a volunteer for the Police Department, they may call us at 712-279-6424".

June 1 shots fired - SCPD #22-14848

On June 1 at 5:55 p.m. the Sioux City Police Department received reports of shots being fired in the 600 block of Myrtle St.

Responding officers located an individual on scene who stated the incident started at a nearby business in the 1300 block of W. 4th St. with a physical altercation occurring between himself and two other males. The involved subjects then followed each other in their vehicles for a short distance before the passenger in the suspect vehicle shot at the victim’s vehicle. The suspects then fled the scene in their vehicle.

Officers located evidence on scene to confirm shots had been fired. No one was struck or injured during the incident.

The identity of the suspects is not known at this time, but initial information suggests that the male parties were acquainted with each other.

The person who fired the shots is described as a Hispanic or Native American male in his mid to late 20’s with a tattoo on his face. He was last seen in the passenger seat of a black, four door pickup, possibly a Chevrolet Silverado that was lifted and with a loud muffler being driven by a white male.

This is an on-going investigation. Anyone with information on the identity of the suspects is asked to call the Sioux City Police Department or Crime Stoppers at 258-TIPS (8477).

 Any arrest/charge noted in this report should be considered merely an accusation. Any defendant is presumed innocent until and unless proven guilty.

SCPD holds annual awards ceremony

The Sioux City Police Department held its annual awards ceremony on May 16 to recognize the accomplishments of civilians, volunteers, civilian staff, and officers during the past year.

Chief Rex Mueller, Chief of Police for the Sioux City Police Department presided over the ceremony and handed out awards for volunteering, lifesaving, and efforts made to improve relationships with the community and improve the department.

The following a list of the recipients and the awards.

Lifesaving – Officer Brooke Davies & Officer Brent Heald

Lifesaving – Officer Donald Schroeder & Officer Mike Simons

Lifesaving – Jeremy McClure, Officer Josh Fleckenstein & Officer Mackenzie Neely

Lifesaving – Officer Mackenzie Neely & Officer Lucas Petersen

Lifesaving – Officer Casey McBride

Community Policing – Officer Mike Koehler

Community Policing – Lt. Judy Kellen, Officer Ryan Moritz & Marie Divis

Chief’s Appreciation - Gary Niles

Chief’s Appreciation – Kevin Sampson

Chief’s Appreciation – Dr. Ryan Meis

Achievement – Capt. Mark Kirkpatrick, Lt. Kevin Heineman, Sgt. Jay Hoogendyk & Officer Marc Hein

Chief’s Commendation – Judy Kellen & Chris Groves

Chief’s Commendation – Jerry Levay

Chief’s Citation – Richard Crosby

Chief’s Citation – Forde Fairchild

Civilian of the Year – Sarah Hadden

Officer of the Year – Detective Josh Tyler

We wish to congratulate this year’s recipients.

Stabbing & shots fired in 500 block of S. Irene - SCPD #22-8874

On April 5 at 12:12 p.m., the Sioux City Police Department responded to a report of a shot being fired in the area of S. Irene and Washington Ave.

Responding officers found that an adult male had been stabbed and went to MercyOne to be treated for a non-life-threatening injury.

The initial investigation found that three roommates of a residence in the 500 block of S. Irene had gotten into an altercation inside their home. One of the roommates armed himself with a knife and stabbed the other roommate.

The suspect then fled the residence along with an adult-male and an adult-female that had been in his company. The third roommate that was not stabbed gave chase to the trio and one of the fleeing group fired a gun in the pursuing roommate’s direction.

No one was injured by the gun fire.

All subjects involved in this incident are adults.

All the parties involved have been identified.

The names of the persons involved in this incident are not being released at this time as detectives are gathering additional information and this is an on-going investigation.

Any arrest/charge noted in this report should be considered merely an accusation. Any defendant is presumed innocent until and unless proven guilty.