By Sandy Schroth
Editor 

Variety of cases heard in Antelope County Court

 

December 12, 2019



The Honorable Donna Taylor cleared a dozen cases from the Antelope County Court docket during a busy morning last Wednesday, Dec. 4.

Alexander E. Huffman, 33, of Neligh appeared without counsel for arraignment on a count of disturbing the peace, a Class 3 misdemeanor committed Dec. 2, in Neligh. Huffman waived his right to counsel and pleaded guilty.

Huffman told Taylor he “got way too drunk and wanted to go to Valley Hope,” and although he couldn’t afford it, he was determined to drive there, which “would have been a very bad idea,” he said. He became angry when his mother prevented him from driving, which led her to call law enforcement. He also indicated he plans to seek treatment at Sunrise Place in Norfolk and was waiting for a bed. He said his mother posted his bond about 12 hours after his arrest.


Taylor sentenced him to one day in jail, with credit for one day served; a $500 fine and $50 costs, suspended until Jan. 15, with a credit allowance for up to $400 if receipts from inpatient treatment are provided. Bond in the amount of $1,500, 10% cash, is continued. She told Huffman she expected him to pay the remainder of the fine so his mother would get some of her bond money back.

Zachary S. Coon, of Neligh appeared for a pretrial hearing with his court-appointed attorney, Patrick Carney of Norfolk, on a Class 3 misdemeanor charge of disturbing the peace, alleged Aug. 30 at county attorney Joe Abler’s office in the courthouse. A plea agreement was reached, with Coon pleading no contest and a joint recommendation for a fine only at sentencing. Taylor adjudged him guilty and sentenced him to a $200 fine and $50 costs of prosecution. Testimony indicated Coon became frustrated while attempting to retrieve items from his impounded vehicle and was advised by personnel at the law enforcement center to discuss it with Abler, who was not in his office at the time.


Courtney L. Williams, 21, of Battle Creek faced Taylor for arraignment on a Class 2 misdemeanor count of having no proof of insurance. She pleaded guilty to the Nov. 14 offense and was sentenced to a $200 fine and $50 costs.

Kaylene D. Rossow, 55, of Tilden appeared for arraignment on a Class 3 misdemeanor, sell tobacco/electronic nicotine to individual under age 19, committed Nov. 9 in Tilden, She pleaded guilty and Taylor fined her $200 and $50 costs.

Gustavo J. Padron, 19, of Dallas, Texas, was arraigned on two infractions, Count I, possession of marijuana, less than one ounce and Count II, possession of drug paraphernalia. He pleaded guilty and was sentenced to fines of $300 and $10, respectively, and $49 costs. Padron was a passenger in a vehicle stopped for a speeding violation in rural Antelope County on Oct. 12, when the contraband was found in a backpack he claimed.

Michael Braband, 25, of Elgin faced Taylor for further arraignment on a felony bad check charge. A plea agreement was reached with Abler amending the charge to a Class 2 misdemeanor count of issuing a bad check for $68.99 to Royal One Stop. Abler indicated restitution and bank fees had been paid. Braband pleaded guilty and was sentenced to a $200 fine and $50 costs.

Joseph Travisano, of Tilden appeared for sentencing on two Oakdale village public nuisance ordinance violations, on the same property, May 28 and Oct. 14. Oakdale village attorney Luke Henderson testified the property had been cleaned up to village officials’ satisfaction. Taylor sentenced him to fines of $25 and $50, with costs of $50.

Jennifer Hines of Neligh appeared for sentencing on a Neligh city nuisance ordinance violation. James McNally, Neligh city attorney, told the judge there had been no change “whatever” in the property since Hines’ court appearance last month. Hines said, “I thought (it) was cleaned up,” although she admitted there were still some weeds that needed to be cut, and her brother was supposed to haul some trash away later in the week. Taylor fined her $250 and $50 costs, to be paid by Jan. 15, with credit of $200 to be applied if the weeds and trash are gone by that date.

Chelsy D. Grim, 29, of Clearwater appeared to request waiver of a 60-day delayed jail sentence that was to commence on Jan. 20, 2020, as part of an 18-month term of probation ordered in March. Grim produced a letter from her probation officer recommending waiver of the jail time, although there had been two instances of alcohol consumption, and she had completed all other requirements.

“When I say I’m going to waive a jail sentence, I mean ‘no’ violations,” Taylor told Grim. She then waived all but three days of the jail sentence, those days ordered to commence on Jan. 30, while Grim is on break from school.

“I am trying to evaluate who I’m around in my life,” Grim told Taylor as she rose to leave. “I am trying to get as much out of this as I can.”

Timothy C. Oyen, 33, of Kansas City, Missouri, pleaded guilty by waiver to three infraction counts committed Aug. 20, possession of marijuana, less than one ounce, possession of drug paraphernalia and speeding, 74 miles per hour in 60 mph zone. He was fined $300, $25 and $75, respectively, and $49 costs.

Dalynna S. Robertson, 49, of Oakdale appeared for a preliminary hearing on a Class 4 felony, possession of a controlled substance, alleged at the Antelope County Law Enforcement Center in Neligh on Nov. 19. Robertson waived her right to the preliminary hearing and was bound over to Antelope County district court, with arraignment set Dec. 18. Bond posted Nov. 19, in the amount of $10,000, 10%, is continued. If convicted, Robertson faces a penalty of up to $10,000 and up to two years imprisonment. She was remanded to the custody of Antelope County sheriff Bob Moore, for transport back to the Madison County Jail, where she was incarcerated on anther matter. She is represented by Carney.

Matthew D. Waters, 34, of Colton, South Dakota, appeared for preliminary hearing on two Class 4 felony counts, attempted assault on an officer with a motor vehicle and operating a motor vehicle to avoid arrest. Waters waived his right to the preliminary procedure and was bound over to district court, with arraignment set Dec. 18. Bond was reducedto $100,000, 10%, with allowance to reside in South Dakota, and Waters waived his right to extradition procedures. Waters allegedly led multiple law enforcement agencies on a pursuit across northeast Nebraska on Nov. 18, before his arrest near the junction of highways 14 and 20. He was remanded to the custody of Moore, pending posting of bond. He is represented by Carney.

Other county court arraignments included:

Kasey Swyear, 27, of Neligh, accompanied by his attorney, Joel Carlson of Norfolk, faced the judge for arraignment in three cases, including two cases that had twice been continued to allow him time to retain counsel. The first case includes three counts alleged Aug. 24, Count I, operating a vehicle without an ignition interlock device as ordered, a Class 1 misdemeanor; Count II, careless driving, an infraction; and speeding, 16-20 miles per hour over the limit, also an infraction; the second case includes two counts, Count I, operating a vehicle without an ignition interlock device as ordered; and Count II, fictitious plates, a Class 3 misdemeanor, both alleged Sept. 23; and the third case involves new charges, filed Dec. 3 on allegations of two counts, Count I, operating a vehicle without an interlock device as ordered; and Count II, driving under suspension, a Class 3 misdemeanor, both alleged in Neligh on Nov. 1, after an appearance at the Antelope County Law Enforcement Center for a probation-required urine test.

Swyear pleaded not guilty to all charges and requested jury trials in the three cases. Pretrial hearings are set Jan. 15. Bond posted Nov. 1, in the amount of $3,000, 10%, is continued.

An arrest warrant was waiting for Swyear when he left the courtroom. The warrant from Pierce County was signed by the Honorable Ross Stoffer on Dec. 3, after Swyear failed to appear for a Nov. 27 revocation of probation hearing. He was sentenced by Stoffer, on Oct. 16, to a nine-month term of probation for a conviction of driving under the influence of alcohol, committed May 30.

Addison S. Woodard, 46, of Elgin appeared with his court-appointed attorney, Martin Klein of Neligh, for arraignment on a Class 1 misdemeanor count of domestic assault, alleged Oct. 20, in Clearwater. He entered a not guilty plea and requested jury trial. Trial is set Jan. 15. Bond in the amount of $4,000, 10%, posted Oct. 21, is continued. Terms include no contact with Sarah Woodard. He was arrested following an incident that started at his place of employment and proceeded to the alleged assault at 604 Colorado Street in Clearwater.

Kaylynn R. Kienitz, 23, of Orchard appeared for arraignment on two counts alleged Oct. 19, Count I, DUI, a Class W misdemeanor, and Count II, open alcohol container, an infraction. She requested court-appointed counsel. Taylor appointed Carney. Further arraignment is set Jan. 15. Bond, in the amount of $1,500, 10%, is continued.

Richard Peters of Oakdale appeared for arraignment on two Oakdale village nuisance ordinance counts, alleged July 17 and Oct. 14. He entered not guilty pleas. Trial is set Feb. 19. Taylor recalled an arrest warrant that was issued Nov. 20 after Peters failed to appear in court, saying “I assume that is why you are here today.” The village is represented by Henderson. Peters is self-represented.

 

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