By Sandy Schroth
Editor 

Full case load dealt with in Antelope County Court

 

August 15, 2019



The Honorable Donna Taylor handed down multiple sentences, along with hearing an array of other cases that filled the county court docket at the Antelope County Courthouse in Neligh last week.

Minor in Possession Sentences

Nine sentences involved Class 3 misdemeanor minor in possession charges, seven of them stemming from the recent Clearwater Rodeo. Taylor cautioned defendants that subsequent alcohol-related offenses would result in higher fines and possible jail time.

Katelynn E. Mullin, 18, of Danbury, Iowa, pleaded guilty and was sentenced to a $250 fine and costs of $50, for a June 28 MIP offense in Clearwater.

Westin J. Jindra, 20, of Pilger pleaded guilty and was sentenced $500 and $50 costs for a June 28 MIP offense in Clearwater.

Kade J. Moural, 20, of Aurora pleaded guilty to a June 29 MIP offense in Clearwater and was sentenced $250 and $50 costs.

Carter M. Thompson, 20, of Aurora pleaded guilty and was fined $250 and $50 costs for MIP committed in Clearwater on June 29.

Jake D. Long, 20, of Norfolk pleaded guilty to a June 29 MIP offense committed in Clearwater and was fined $250 and $50 costs.

Mary B. Thorburn, 20, of Lincoln pleaded guilty and was sentenced to $250 and $50 costs for a June 29 MIP committed in Clearwater.

Anna Kastens, 20, of Elkhorn pleaded guilty to a June 29 MIP offense in Clearwater and was sentenced to a $250 fine and $50 costs.

Ashton M. Evans, 19, of Elgin pleaded guilty to MIP and open alcohol container, an infraction, offenses committed June 22 in Oakdale. Taylor sentenced him to fines of $250 and $50, respectively, and $50 costs.

Andrew D. Herley, 18, of Clearwater pleaded guilty to MIP after reaching a plea agreement with Antelope County Prosecutor Joe Abler. In return an infraction open container count was dismissed. The offense was committed in Oakdale on June 22. Abler advised the court it was Herley’s second MIP offense, he was convicted of MIP earlier this year. He also advised Herley planned an airplane trip with his parents over the weekend and needed his driver’s license for the flight. In addition, Herley requested a work permit. Taylor sentenced him to pay a $500 fine and impounded his license for 60 days, commencing Aug. 13. She denied his request for a work permit.

Driving Under the Influence/Suspension Sentences

Chad D. Bromley, 26, of Tilden faced Taylor for a pretrial hearing on two counts, Count I, a Class W misdemeanor count of driving under the influence of alcohol, first offense, and Count II, possession of open alcohol container, both committed April 11. Per terms of a plea agreement, Bromely changed his plea to guilty to Count I and Abler dismissed Count II. In addition, Abler agreed to file no additional charges and recommended a sentence of probation. Taylor sentenced Bromley to an eight-month term of probation, including related fees totaling $280, $500 fine, $105 costs and his driver’s license was revoked for 60 days. He was given credit for $190 he paid for an alcohol evaluation that served as a presentence investigation. Bromley was represented by Charles Balsiger of Norfolk, public defender.

Dion C. Quintana appeared with his attorney, Robb Gage of Omaha, for sentencing on a conviction of driving under the influence of alcohol, third offense, a Class W misdemeanor, committed in September 2018, in Neligh. The defendant requested a straight sentence, due to transportation concerns and to “have a roof over my head,” as well as asking to sit out any fines and costs. Taylor sentenced him to 120 days in the Antelope County Jail, with credit for one day previously served, $1,000 fine, $105 costs and revoked his driver’s license for 15 years. He was ordered committed until fine and costs are paid in full. He was remanded to the custody of the county sheriff. Two additional counts, driving left of center and possession of open alcohol container, were dismissed as part of a plea agreement.

Shane Farrier, 27, of Lindsay faced Taylor for arraignment on a count of driving under suspension, a Class 3 misdemeanor committed May 14. He was cited in the parking lot of the Antelope County Law Enforcement Center after visiting an inmate. He waived his right to counsel and pleaded guilty. Taylor sentenced him to a $100 fine and $104.90 costs.

The following defendants pleaded guilty by waiver and paid respective fines:

Kyle Wilkinson, 23, of Oakdale, Count I, possession of an open alcohol container, and Count II, failure to use seat belt, both infractions committed in Oakdale on June 22; $50, $25, $49 costs.

Tyson J. Black-Zegers, 21, of Neligh, possession of an open alcohol container, an infraction committed June 22 in Oakdale; $50, $49 costs.

Matthew P. Williams, 48, of Neligh, open alcohol container, an infraction committed June 29 in Clearwater; $50, $49 costs.

Joseph T. Pearce, 37, of Plainview, Nebraska Game and Parks violation of fishing regulations, possession of three bass under 15 inches, a Class 3 misdemeanor committed July 7 at Grove Lake; $100, $49 costs.

Arraignments

Anthony J. Schindler, 50, of Neligh appeared on four counts alleged June 29 in Clearwater, Count I, obstruct a peace officer, a Class 1 misdemeanor, Count II, false reporting, also a Class 1 misdemeanor, Count III, failure to obey lawful order, a Class 3 misdemeanor, and Count IV, possession of open alcohol container, an infraction. Schindler requested court-appointed counsel. Taylor appointed Balsiger and continued arraignment to Aug. 21. The defendant asked Taylor to order video from police. “Talk to your attorney,” she said. He then asked, “Can I have my bond money back?” The judge advised the bond money would be held until the case concluded.

Jacob Boutwell, 41, of Oakdale faced Taylor on three counts alleged July 7 in Oakdale, Count I, DUI, alcohol, second offense, a Class W misdemeanor, Count II, leave scene of accident, a Class 2 misdemeanor, and Count III, driving during revocation, second offense, a Class 2 misdemeanor. He pleaded not guilty and requested a jury trial. He also requested bond be amended to personal recognizance, saying he had a job if he were released from jail. Taylor reduced bond, from 10,000, 10% cash, to $3,000, 10%. “There’s no way I can pay that,” Boutwell said. Taylor said bond may be reviewed again at his pretrial hearing Aug. 21. Boutwell is represented by Balsiger.

Andrew L. Dredge, 33, of Neligh appeared on a Class 2 misdemeanor count of no proof of insurance. He requested court-appointed counsel. Taylor appointed Melissa Wentling of Norfolk and continued arraignment to Aug. 21.

Shawn M. Stenka, 36, of Ewing appeared on a charge of DUI, a Class W misdemeanor alleged July 11 in Neligh. He requested court-appointed counsel. Taylor appointed Balsiger and continued arraignment to Aug. 21. Bond posted July 12, in the amount of $1,500, 10% cash, is continued as well.

Kei'Dron T. King, 32, of Wayne faced Taylor on two counts alleged July 28, Count I, possession of marijuana, with intent to deliver or distribute, a Class 2A felony, and Count II, possession of marijuana, more than one pound, a Class 4 felony. King requested a reduction of bond. “The charges are serious,” the judge said. “Personal recognizance bond is not appropriate.” She amended bond, from $50,000 to $20,000, 10%. Arraignment is continued to Aug. 21.

Marcos V Dos Santos Spohr, 31, of Bartlett appeared on two counts alleged June 9, Count I, DUI, alcohol, first offense, a Class W misdemeanor, and Count II, drive left of center, an infraction. He entered not guilty pleas to both counts. Pretrial hearing is set Sept. 26. Spohr is represented by Ron Temple of Norfolk. Bond, in the amount of $1,500, 10% cash, is also continued.

David C. Ames, 26, of Creighton faced Taylor on a charge of DUI, second offense, alleged June 6 in Orchard. He pleaded not guilty. Pretrial is set Sept. 26. He is represented by Temple. Bond in the amount of $3,000, 10% cash, posted June 6, is continued as well.

Revocation of Probation

Hearings.

Aaron D. Hallgren, 33, of Wayne requested court-appointed counsel. Taylor appointed Balsiger and continued the revocation hearing to Aug. 21.

Ashley L. Rose, 24, of Omaha faced Taylor related to two counts alleged Dec. 12, 2018 near Grove Lake, Count I, DUI, a Class W misdemeanor, and Count II, possession of drug paraphernalia, an infraction. After multiple continuances were granted, Rose failed to appear in June and a warrant was issued for her arrest. She turned herself in and posted bond in the amount of $5,000, 10% cash, July 22, in addition to the original bond of $3,000, 10%, posted in December. Taylor continued all proceedings in the case, including both bonds, to Aug. 21.

Jail Waiver

Chad F. Bode, 20, of Elgin appeared to request 30 days jail set to commence Sept. 1, as part of a probation sentence, be waived. He was sentenced to probation In March for convictions of three misdemeanors, operate motor vehicle to avoid arrest, obstruct a police officer and MIP, all committed Aug. 3, 2018, during the county fair. Taylor waived the 30 days of jail, reminding Bode that he remained on probation until March 2020.

Public Nuisance Cases

Stacey A. Kepford appeared for sentencing on a two-count Village of Oakdale misdemeanor public nuisance case. Luke Henderson of Norfolk, on behalf of the village, presented photographs showing most of the lot had been cleared. Kepford testified she had paid $1,000 to have a trailer removed from her property, with just one pickup load left to dispose of. Taylor sentenced Kepford to a $100 fine on each of the two counts, and costs of $50. She will be given credit for $200 if she shows proof lot is cleared by Sept. 9.

Richard B. Peters of Oakdale appeared for a show cause hearing, as part of his sentence for a conviction of two counts in Oakdale. Peters testified the property had been cleared and he had traded it to another individual. Henderson testified the items had been moved from the original site, but were now located on the property Peters had traded for. “That’s for another day,” Taylor said, and closed the case.

Theresa M. Volquardsen, 53, of Elgin faced Taylor for trial on three allegations in Neligh, counts I and II, misdemeanor junk/weed nuisances, and Count III, dangerous building, also a misdemeanor. She changed her plea from not guilty to guilty on Count III. Sentencing on Count III, as well as trial on counts I and II, are continued to Nov. 20.

Failure to Appear/

Warrants Pending

Roger G. Wynn of Meadow Grove failed to appear for a hearing on six misdemeanor counts alleged on six separate properties in Tilden. Taylor advised the county attorney may file motion and affidavit for arrest warrant.

Garrett A. Fleischman, 26, of Clearwater failed to appear for arraignment on five counts, Count I, third-degree assault, a Class 1 misdemeanor, Count II, disturbing the peace, a Class 3 misdemeanor, Count III, criminal mischief, a Class 3 misdemeanor, all alleged June 29 in Clearwater; Count IV, reckless driving, first offense, a Class 3 misdemeanor, and Count V, speeding, 21-35 mph over speed limit, an infraction, alleged June 30. Taylor ordered a bench warrant issued, with bond set at $5,000, 10% cash, in addition to original bond posted July 1 in the amount of $4,000, 10%. A bond forfeiture hearing is slated Aug. 21.

Donneceia D. McFarland, 32, of Oakdale was scheduled for sentencing on two counts, Count I, DUS, a Class 3 misdemeanor, and Count II, failure to use child restraint, an infraction. Taylor ordered a bench warrant be issued, with bond set at $2,000, 10% cash, in addition to original bond posted May 1, in the amount of $1,500, 10%, and a bond forfeiture hearing is set Aug. 21.

David N. Seminario, 21, of Anaheim, Calif., was to appear on four counts, Count I, Possession marijuana, one ounce or less and Count II, possession of drug paraphernalia, both infractions, Count III, no operator’s license, a Class 3 misdemeanor, and Count IV, speeding 16-20 mph over the speed limit, an infraction, all alleged July 6. Taylor advised the county attorney may file motion and affidavit for arrest warrant.

 

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