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By Sandy Schroth

Trial set for South Dakota man involved in chase


December 26, 2019

The Honorable James Kube presided over Antelope County district court last week in the final 2019 session. The Honorable Mark Johnson will serve Antelope County in 2020.

Kube arraigned two individuals on felony charges.

Matthew C. Waters, 34, a South Dakota man currently held in the Antelope County Jail, faced the judge on two counts related to a multi-county pursuit that ended near Royal in November. He is charge with two Class 4 felonies, attempted assault on a law enforcement officer with a motor vehicle and operating a motor vehicle to avoid arrest, both alleged Nov. 18. He pleaded not guilty to both charges. Pretrial hearing is set for Jan. 29, 2020, with a jury trial set March 18. Bond in the amount of $100,000, 10% cash, is continued. If found guilty, he faces up to two years imprisonment and/or $10,000 fines on each count, and post-release supervision. He is represented by Antelope County public defender Patrick Carney of Norfolk. Waters was remanded to sheriff Bob Moore, pending posting of bond.

Waters also faces 12 counts of attempted assault in the first degree, Class 3A felonies, in Pierce County court. The charges involve allegations that he deliberately swerved into 12 oncoming vehicles during the incident. He faced the Honorable Ross Stoffer on Dec. 11, when bond was set at $250,000, 10%, and Tom Hockabout of Norfolk was appointed as counsel. His next scheduled appearance in Pierce County court is Jan. 8.

Dalynna S. Robertson, 49, of Oakdale appeared in front of Kube on a Class 4 felony, possession of a controlled substance, alleged at the Antelope County Law Enforcement Center in Neligh on Nov. 19. Robertson pleaded not guilty and Kube set pretrial for Jan. 29, with a March 18 jury trial.

If convicted, Robertson faces a penalty of up to $10,000 and/or up to two years imprisonment and post-release supervision. Bond posted Nov. 19, in the amount of $10,000, 10%, is continued. She was remanded to the custody of Moore, for transport back to the Madison County Jail, where she was incarcerated on another matter. She is represented by Carney.

Ronald E. Frazier, 47, of Neligh appeared, with Carney, to be sentenced for two crimes committed in March. Carney asked for a sentence of time served or probation, while prosecutor Joe Abler deferred to the recommendation in the presentence investigation report.

"I would like to apologize to both Mr. Breaker and law enforcement. I should have taken time to calm down," Frazier told the judge, before sentence was handed down.

"I don't think this is a probation type case, it was a situation where you didn't use very much common sense, and you were drunk. A lot people don't use common sense when they are drunk," the judge said. "Common sense would be, don't drink."

Frazier was sentenced to 60 days in the county jail, with credit for 18 days previously served, and a $1,000 fine for a conviction of third-degree assault; and another 60 days in jail, concurrent to the first sentence, for resisting arrest. Both offenses are Class 1 misdemeanors. A Class 3A felony count of making terroristic threats and a Class 3 misdemeanor count of intimidation by phone call were dismissed, as part of a plea agreement in September. Frazier, who was in custody in another case, was remanded back to Moore's custody.

Kristen R. Bliss, 24, incarcerated at the Antelope County Law Enforcement Center, accompanied by Carney, appeared for sentencing on a Class 4 felony count of possession of a controlled substance, oxycodone, found in her pocket July 27, when she was booked into the LEC on Stanton County charges. Kube noted Bliss did not have a "terrible" criminal history, but did have considerable history with controlled substances, mostly during the past year. When he asked if she considered herself an addict, she quietly answered, "Yes." She replied no when asked if she had family support and when he asked if she had close friends, she said, "I wouldn't say I do."

Abler recommended incarceration, "It's a good place for her, they are helping her," he said.

Carney said he believed she was a suitable candidate for probation. "Her motivation is very high right now," he said.

The judge sentenced her to 18 months specialized substance abuse supervised probation, including 90 days jail to be served prior to the end of probation, all or part of which may be waived. She was ordered to obtain a sponsor within 30 days of her release from jail on the Stanton County sentence and will be required to submit to drug testing three times a week. She was ordered to pay costs and fees totaling $807.

Gregory R. Everett, 38, of Smith Center, Kansas, appeared before Kube for a pretrial hearing. A plea bargain was reached, with Abler reducing Count I, possession of a controlled substance, methamphetamine, a Class 4 felony, to criminal attempt – possession of meth, a Class 1 misdemeanor and Everett agreeing to plead guilty to the amended charge as well as an infraction count of possession of drug paraphernalia. Everett was rearraigned on the new count and pleaded guilty to both counts. Abler also agreed to recommend probation at sentencing, if supported by a PSI. Kube ordered the PSI and set sentencing for Feb. 26. Bond in the amount of $10,000, 10%, including amended conditions, is continued.

Travis Mace, 34, of Sioux City, Iowa, faced Kube for a revocation of probation hearing. He requested his previous attorney be appointed to represent him. Kube appointed Martin Klein of Neligh and continued the hearing to Jan. 29. Klein requested reinstatement of a prior personal recognizance bond, saying Mace could live with his mother in Antelope County, that he is responsible for his four children and his wife is in prison. The children are living with his sister in Sioux City, Iowa. Abler said he had absconded from "court-ordered" probation; Antelope County officers had to go to Woodbury County, Iowa, to get him; he had previously failed to appear in court and a warrant was issued in September.

"Your failure to appear does concern me, but I am also concerned with the children," Kube said. "What I am going to do is set bond at $5,000, 10%. I know your kids are in Iowa, but I don't want you to leave the state of Nebraska. Your sister can bring them to your mother's home."

He was sentenced Feb. 27 to an 18-month probation term after his conviction of criminal attempt, theft by deception, a Class 1 misdemeanor, that had been reduced from a Class 4 felony, per terms of a plea agreement. The charges date back to April 2018, when he used a check and bank account information belonging to another person to pay personal bills, and cashed a check made payable to himself. The transactions totaled $1,807. He failed to appear for court appearances, including the first sentencing date set. A probation violation charge was filed April 19 and he was charged again May 21, after he was reported absconded. The latest bench warrant was signed by Kube on Sept 26, and was served in Iowa by the Antelope County officers Nov. 11.

Joe Nash Jr., 24, of Wayne appeared for a revocation hearing on his post-release supervision. Carney was appointed as counsel. Nash admitted the allegations. Kube ordered a PSI and continued resentencing Jan. 29. He was remanded to Moore's custody, pending posting of bond in the amount of $10,000, 10%.

Carney informed the judge that Nash had also admitted violations in Wayne County and suggested the two sentencing be combined as they had been for the original cases. He was sentenced in Wayne County for Wayne and Antelope County cases May 1, by the Honorable Mark Johnson. Abler had no objection to a dual sentencing. Kube deferred the decision to Johnson, who will be presiding in Antelope County.

The May Antelope County sentence included 180 days in the Antelope County Jail, with a 12-month term of post-release supervision, the sentence to run concurrent to a Wayne County sentence. Kube amended the post-release supervision terms July 29, at the request of the probation office, to include he a requirement to reside in a transitional house following his release from jail. He was released Aug. 7 and did not report to the probation office as directed, nor did he check in at Anchor House in Norfolk as directed. The probation office received a report of charges filed Aug. 16 in Wayne County on allegations of resisting arrest, obstructing a peace officer and disturbing the peace, when he fled on foot. He was listed as absconded Aug. 22. An arrest warrant was issued in Wayne County on Aug. 26. Kube signed an Antelope County bench warrant Sept. 25, which was served by Moore on Nov. 2.

Nash was convicted of a Class 4 felony, possession of methamphetamine, Feb. 27, a charge filed after meth was found in his clothing stored at the Antelope County Law Enforcement Center on Dec. 6, 2018. He was housed at the LEC on Dec. 5, 2018, after he was convicted in Wayne County of possession of meth and delivery of meth, according to court records.


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