By Sandy Schroth
Editor 

Plea deal offered in Antelope County district court

 

November 7, 2019

The Honorable James Kube gave his stamp of approval on two plea agreements in the Antelope County district courtroom in Neligh last Wednesday, Oct. 31.

Karen R. Stewart, 46, of Osmond, accompanied by public defender Martin Klein of Neligh, appeared on charges in four cases, two new cases and two dating back to 2018. In the first case, she faced a charge of possession of methamphetamine, alleged June 30, 2018, in eastern Antelope County, near Plainview. The second case involved another possession of meth charge, alleged Oct. 31, 2018, at the Antelope County Law Enforcement Center, when she was booked on a failure to appear charge in another case. Two new cases involved failure charges related to not showing for pretrial hearings March 27 this year, on the 2018 charges.

Kube advised her that each of the Class 4 felony counts carry possible punishment of up to two years' incarceration, fines up to $10,000 or both, with no minimum.

A plea deal had been reached, with Antelope County Attorney Joe Abler agreeing to dismiss the June 2018 possession of meth charge and agreeing to file no additional charges related to the incident, in return for Stewart's guilty pleas in the other three cases. Stewart disagreed on one point, saying she shouldn't have two failure to appear charges, due to one of the possession charges being dismissed.

"It's not dismissed yet," Kube said, before asking for her pleas. She pleaded guilty to two counts, qualifying the third with, "I suppose."

"Do you still plead guilty?" Kube asked. "There is no suppose."

She entered a guilty plea to the third charge and Abler dismissed the remaining possession count, per the plea agreement. Sentencing is set Dec. 18. Bond totaling $250,000, 10 percent is continued, as well as new bonds of $5,000 each on the failure to appear counts. Bond in the dismissed case was exonerated after payment of costs. Klein asked for personal recognizance bonds in the event Stewart enters treatment related to a drug case pending in Pierce County.

Kube said the request is premature, "I always wait to see," he said.

Stewart was remanded to sheriff Bob Moore's custody.

Kristen R. Bliss, 23, incarcerated at the Antelope County Law Enforcement Center, appeared for arraignment on a Class 2 felony count of possession of oxycodone, with intent to deliver or distribute. Bliss entered a guilty plea to an amended count, possession of a controlled substance, oxycodone, a Class 4 felony. The charge was reduced per terms of a plea agreement. Abler further agreed to recommend sentence of 180 days in jail and Bliss agreed to stipulate the pills found in her pocket when she was booked into the county jail July 27 were oxycodone. The amended charge carries a maximum penalty of two years incarceration and a 2,000 fine. Kube ordered a presentence investigation and set sentencing Dec. 18. Bliss was remanded to the custody of Moore. Bond, in the amount of $10,000, 10% cash, is continued. She is represented by Patrick Carney of Norfolk, public defender.

Joey Crooker, 37, incarcerated in the county jail, faced Kube for arraignment on a felony count of first-degree sexual assault, alleged June 29 at a Grove Lake campground. If convicted Crooker faces a maximum sentence of 50 years in prison, with a minimum of one year, and would be subject to the Nebraska Sexual Offender Registration Act for a minimum of 25 years, with a potential lifetime registration order.

Crooker is represented by Carney, who asked for further reduction of bond, which had been reduced to $75,000, 10%, in county court. Carney said his client couldn't post much, suggesting $50,000 or less, and said he would reside with his mother at Ainsworth if bond is posted.

"Based on information in the probable cause (document), I am not going to lower bond," the judge said. "I am going to increase bond to $150,000, 10%."

Bond conditions also include no contact, direct or indirect, with the victim in the case. A jury trial is set Jan. 21, with pretrial hearing on Nov. 27. Crooker was remanded to Moore's custody.

Alexander J. Fitzgerald, 29, of Neligh was arraigned on two counts, Count I, use of a deadly weapon to commit a felony, a Class 2 felony, and Count II, second-degree assault, a Class 2A felony, both alleged Aug. 22 in Tilden. A conviction on Count I carries a maximum sentence of 50 years, with a minimum of one year, along with mandatory consecutive terms, while Count II carries a maximum of 20 years and no minimum. Fitzgerald pleaded not guilty to both counts. Jury trial is set Jan. 21, with pretrial conference scheduled Nov. 27. Bond in the amount of $25,000, 10%, is continued, with terms including no possession of deadly weapons, including knives and guns. He is represented by Carney.

Douglas D. Carpenter,43, of Neligh faced Kube with his attorney, Ryon Stover of Norfolk, for a hearing on information to revoke probation. Carpenter denied the allegation. Pretrial is set Nov. 27. He was sentenced, in December 2018, to probation on an assault conviction. Violation of the terms of probation are alleged Sept. 1, when Carpenter was arrested in Neligh on charges of disturbing the peace and resisting arrest. A count of stalking was also filed in Antelope County Court, with a pretrial hearing scheduled Nov. 6. Kube did not order bond but reminded Carpenter that he must comply with "each and every condition" of his probation.

Christofer N. Carstens, 21, of Oakdale appeared with Carney, who told the judge he "simply hadn't made it through" a large amount of information received from the prosecutor. Carstens faces a Class 2 felony count, intentional child abuse resulting in serious bodily harm, alleged May 24-25. Kube continued Cartens' jury trial to Jan. 21, with pretrial conference scheduled Dec. 18. Bond in the amount of $500,000, 10%, is continued as well.

Carney appeared on behalf of his client, Gregory R. Everett, 37, of Smith Center, Kansas, who did not appear. Carney said Everett was detained by icy roads in Kansas and requested continuance. Abler did not object. Pretrial is continued to Nov. 27, with a Dec. 10 jury trial remaining on the docket. Everett is charged with two counts, possession of a controlled substance, methamphetamine, a Class 4 felony, and an infraction count, possession of drug paraphernalia, both alleged July 16. Bond in the amount of $10,000, 10%, is continued.

Matthew G. Cameron, 48, of Running Water, South Dakota, who appeared with Carney for pretrial conference on a possession of meth charge, alleged May 5 near the Antelope/Knox County line on Highway 14. Carney requested continuance until after resolution of a similar case in Missouri. Jury trial was rescheduled for Jan. 21, with pretrial set Dec. 18. Bond is continued in the amount of $10,000, 10%.

 

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