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The Honorable Mark Johnson, one of two judges who serve the seventh judicial district of Nebraska, took the bench in the Antelope County courtroom last Wednesday, Jan. 29. Johnson and the Honorable James Kube alternate annually as presiding judges in the Antelope County district court.

Johnson sentenced a Pierce County woman to three consecutive jail terms for felony convictions.

Karen R. Stewart, 46, of Osmond will spend 120 days in the Antelope County Jail, providing she loses no good time. She was sentenced to 180 days for a conviction of possession of methamphetamine in October 2018, with credit for 70 days previously served. Johnson also sentenced Stewart to serve 90 days in jail on each of two related felony convictions of failure to appear in court in the first case. She was taxed costs of prosecution in the amounts of $196, $87 and $87, respectively.

Bond in amounts of $250,000, $5,000 and $5,000, 10% cash each, were exonerated after satisfaction of costs. The original $20,000, 10% cash bond in the possession case was forfeited, due to her failure to appear in court.

The motion to forfeit was filed in October by Antelope County Attorney Joe Abler. Klein asked Johnson to overrule the motion, saying it didn’t cost Antelope County the 10%, held in trust, to serve arrest warrants. He said his client was in “dire financial straits. She later told the judge she had “only $100 to her name” and needed the bond money.

Appearing as special deputy county attorney, Joe Smith of Madison objected. Johnson sustained the motion to forfeit bond.

“That’s why people post bond, (it’s) a promise to appear, otherwise the money is at risk,” he told Stewart. “If you need money, how are you obtaining meth?”

She answered, “Access is profound, I don’t even have to pay for it.”

The judge said everyone has to pay.

Despite claims that she was destitute and had no financial or emotional support from family in Nebraska, she had posted bond, in the amount of $15,000, 10%, in a Pierce County case the previous Saturday.

In regard to sentencing, Smith cited Stewart’s history, including multiple cases involving possession of meth, probation violations, failures to appear in court and positive drug tests in both counties. A June 2018 charge of possession of meth was dismissed Oct. 31, as part of a plea deal reached with Abler in the current cases.

Smith requested a pre-court drug test, after Stewart arrived in court about an hour late. The result was negative. Smith called a Pierce County deputy, Wes Torson, who testified Stewart tested positive for meth Jan. 22 in Pierce County.

Klein asked if the urine sample tested had been sent to the state lab for confirmation. The deputy answered no. Klein also questioned the validity of the test. He also said Stewart had been a business owner, holds a master’s degree and had no criminal history prior to 2017. He asked Johnson to consider probation, saying “her world fell apart at age 44,” and she needs treatment that incarceration won’t accomplish.

When Kube sustained a defense motion to continue sentencing that was originally set for Dec. 18, Klein’s motion indicated Stewart had entered an inpatient treatment program. She told Johnson she left treatment because she was “very sick,” and had a doctor’s statement. She told the judge she needs to “get better, go through rehab and go home.”

“You have not led a law-abiding life for a substantial amount of time,” Johnson told Stewart before he passed sentence. “(There is) no reason for the court to believe you will follow probation orders any more than you have bond.”

He said a sentence less that incarceration would put the community at risk.

As the judge sentenced her to jail, Stewart argued that she had an appointment that afternoon. Johnson advised she could not speak at that time. After sentencing was completed, Stewart was remanded to Antelope County sheriff Bob Moore’s custody. She still faces jury trials in two pending Pierce County district court cases on allegations of possession of meth.

Joe Nash Jr., 24, of Wayne appeared for resentencing after admitting violations to terms of his post-release supervision with the Nebraska Probation office. His supervision followed a 180-day jail sentence for possession of meth, found in his clothing after he was booked into the Antelope County Jail for Wayne County.

Nash told the judge, “At this point in life, I don’t want to go back to Wayne, I want to get done and leave the state of Nebraska. I don’t want any more problems.”

Johnson ordered him to serve 90 days in the Antelope County Jail, consecutive to a sentence he is serving there for similar Wayne County charges. The judge said if he loses none of his good time, he will be eligible for release in 53 days. He was remanded to Moore’s custody. Carney represented Nash.

Jennifer Capps and Robert Wagle were arraigned by Johnson on charges alleged Dec. 5. Both had waived their rights to preliminary hearings in county court.

Wagle, 35, of Summerville, South Carolina, appeared on two charges, Count I, theft by unlawful taking, more than $5,000, a Class 2A felony that carries a maximum sentence of 20 years of incarceration; and Count II, operating a motor vehicle to avoid arrest, a Class 4 felony, that has a maximum sentence of two years in jail and/or a $10,000 fine. A count of first-degree false imprisonment was dismissed by Abler, without prejudice, in county court. Abler had told the county judge negotiations resulted in the action and a lesser charge would be filed in district court.

Wagle pleaded not guilty to both counts. Pretrial hearing is set Feb. 26 and a jury trial, March 16. He was remanded to the custody of Moore, pending posting of bond of $200,000, 10% cash. Wagle is represented by Antelope County public defender Patrick Carney of Norfolk.

Wagle also faces related charges in Pierce County district court, where he pleaded not guilty to four felony and four misdemeanor charges related to a pursuit that ensued after he allegedly eluded officials in Antelope County on Dec. 5. He is set for pretrial conference March 4, and jury trial April 21. Bond for the Wayne County charges is set at $750,000, 10%. Kathleen Jorgensen is his court-appointed counsel on the Wayne County allegations.

Capps, 37, pleaded not guilty to three counts, Count I, theft by receiving stolen property, more than $5,000; and two Class 1 misdemeanors, false reporting and obstruction of a police officer. The felony charge has a maximum sentence of 20 years imprisonment, while the Class 1 misdemeanors carry maximums of one year and/or fines of $1,000. Pretrial is set Feb. 26 and jury trial, March 16.

She was remanded to Moore’s custody, pending posting of bond of $25,000, 10%. She is represented by Klein.

Travis Mace, 34, of Sioux City, Iowa, faced Johnson on amended information to revoke probation. He was sentenced Feb. 27, 2019, to an 18-month probation term after 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 first filed April 19, 2019, and he was charged again May 21, 2019, after he was reported absconded.

Mace pleaded no contest to the violations and factual basis was found by Johnson. He set resentencing for Feb. 26 and ordered an updated presentence investigation report.

On Mace’ behalf, Klein asked to be heard on bond. He said Mace has been jailed in Antelope County for two and one-half months, where he has been attending AA and NA meetings and working toward obtaining a GED. He said Mace would reside with his mother in Orchard if released and continue to attend classes two hours each night at the jail. Johnson denied the request and continued bond in the amount of $5,000, 10%. Mace was remanded to Moore’s custody.

Alexander J. Fitzgerald, 28, of Neligh appeared with Carney for pretrial hearing 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 alleged on Aug. 22 in Tilden. Per terms of a plea agreement, Fitzgerald pleaded guilty to one amended count, third-degree assault, a Class 1 misdemeanor. Fitzgerald told the judge he had been attacked when he pulled up to a gas station, then became “delirious” and didn’t “exactly remember” what happened next. Smith pointed out, and the defense agreed, that the initial altercation was over, when the defendant re-engaged it, cutting the victim’s hand with a knife. Smith said the victim had been notified of the plea deal; he said no restitution request was known.

Johnson set sentencing Feb. 26 and ordered a PSI. Bond in the amount of $25,000, 10%, is continued.

Dalynna S. Robertson, 49, of Oakdale appeared in front of Johnson for pretrial on a Class 4 felony, possession of a controlled substance. Pursuant to a plea agreement, Robertson withdrew her previous not guilty plea and entered a plea of guilty to the crime committed at the Antelope County Law Enforcement Center on Nov. 19. She told the judge she was caught with meth and knew she possessed it. Johnson found factual basis for the plea and found her guilty. He ordered a PSI and set sentencing March 25. Bond of $10,000, 10%, is continued. She is represented by Carney.

Christopher M. Lopez, 33, of Petersburg appeared for a revocation of probation hearing. Lopez requested court-appointed counsel, further asking for appointment of his Boone County court-appointed counsel, Jeffrey Jarecki of Albion. Johnson appointed Carney, set bond at $1,000, 10%, and continued arraignment to Feb. 26.

Lopez was sentenced to 18 months’ probation July 31, 2019, for convictions of two counts, third-degree domestic assault, amended per terms of a plea agreement, from a felony count of strangulation; and disturbing the peace, lowered from domestic assault, intentional injury to intimate partner. The motion for revocation alleges four Boone County felony charges committed against the same victim as the Antelope County convictions.

Boone County charges include first-degree assault, strangulation, terroristic threats, false imprisonment and an infraction count of possession of marijuana, all alleged Dec. 10. He waived his right to preliminary hearing in return for reduction of bond, from $25,000, 10%, to $15,000, 10%, and was set for Boone County district court arraignment Feb. 4.

Johnson sustained Carney’s request to continue pretrial hearing and jury trial for his client, Christofer N. Carstens, 21, of Oakdale. Pretrial is continued to Feb 26, when a motion to suppress and other motions may be heard. Smith anticipated one to one and one-half hours for the hearing. Jury trial was rescheduled to May 18.

Carstens faces a Class 2 felony count, intentional child abuse resulting in serious bodily harm, alleged May 24-25, 2019. Bond in the amount of $500,000, 10%, is continued as well. He was remanded to Moore’s custody, pending posting of bond.

Matthew C. Waters, 34, a South Dakota man currently held in the Antelope County Jail, faced Johnson without counsel, for pretrial hearing on two counts related to a multi-county pursuit that ended near Royal last November. Waters is charged 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. Waters’ attorney, Timothy Noerrlinger of Lincoln, had filed a motion to continue. Pretrial is continued to Feb. 26 and jury trial remains as previously scheduled March 18.

He pleaded not guilty to both charges Dec. 18, when he faced Kube with Carney as counsel. Carney was given leave to withdraw when Waters retained Noerrlinger. Bond in the amount of $100,000, 10%, is continued as well. He was remanded Moore’s custody, pending posting of bond.

Waters also faces 12 counts of attempted assault in the first degree, Class 3A felonies, in Pierce County. The charges involve allegations that he deliberately swerved into 12 oncoming vehicles during the Nov. 18 pursuit. He is scheduled for preliminary hearing in Pierce County court Feb. 26. Bond was set by the Honorable Ross Stoffer, at $250,000, 10%. Noerrlinger represents him in Pierce County as well.