By Sandy Schroth
Editor 

Man caught three times without interlock device sent to jail

 

February 13, 2020



A Neligh man was sent to jail by the Honorable Donna Taylor last Wednesday for repeatedly circumventing an ignition interlock device ordered in a Pierce County sentence for driving under the influence of alcohol.

Kasey Swyear, 28, was convicted in three Antelope County cases, after reaching a plea agreement with prosecutor Joe Abler. In the first case, Swyear changed his not guilty pleas to guilty on two counts committed Aug. 24, driving a vehicle without an interlock, a Class 1 misdemeanor, and speeding, 82 miles per hour in a 65-mph zone, an infraction. A count of careless driving was dismissed by Abler.


In return for Swyear’s guilty plea to a second charge of driving without an interlock device on Sept. 11, Abler dismissed a Class 3 misdemeanor count of fictitious plates. Swyear pleaded guilty to a third count of driving without the interlock Nov. 6 and Abler dismissed a Class 3 misdemeanor count, driving under suspension.

Swyear’s attorney, Joel Carlson of Norfolk, told the judge the case was “a comedy of errors” that became a state problem, as he related Swyear’s hard luck story. He said after his arrest in the third case, Swyear had stopped driving and got “back in the good grace” of the probation office on the Pierce County offense. Swyear told the judge he had a rough year but was “finally pulling out of the hole” and his new employer was paying someone to drive him around.


The maximum sentence for each Class 1 misdemeanor count is a $1,000 fine and/or one year in jail.

“Anything less than three years is gracious,” Taylor told Swyear. “I am not believing for a minute that you only drove three times without an interlock.”

He was sentenced to fines of $500 and $125, respectively, for the Aug. 24 offenses, three days in jail on the Sept. 11 conviction and 30 days on the Nov. 6 crime, along with assessing him $50 costs of prosecution in each case.

Bond, in the amount of $3,000 was applied to fines and costs. He was remanded to the custody of Antelope County sheriff Bob Moore. Taylor advised a request for work release should be submitted through Moore.

Antelope County public defender Pat Carney of Norfolk requested a continuance on behalf of his client, Jeremy Jones, 29, of Neligh after Jones failed to appear for a pretrial hearing. Abler objected and Taylor denied the request, ordering a warrant for Jones’ arrest. He is accused of, Count I, the third-degree assault of his father in Neligh on Oct. 22, 2019, Count II, criminal mischief, amended to a Class 3 misdemeanor; and Count III, theft by unlawful taking, less than $500, a Class 2 misdemeanor. He pleaded not guilty to all three counts and requested a jury trial in November 2019. Bond in the amount of $10,000, 10%, including a no-contact order with his father, either direct or indirect, posted Nov. 6, 2019, was continued. The warrant signed last week includes a provision for an additional $20,000, 10% cash bond.

Jones bonded out of the Madison County Jail last Tuesday, posting 10% of a $25,000 bond, after it was reduced from $50,000, 10%. He was arrested on allegations of a Class 4 felony, possession of methamphetamine, and a Class 3A felony, resisting arrest, second offense, Dec. 30, 2019; waived his right to a preliminary hearing Jan. 13; and was bound over to Madison County district court, where he was ordered to appear Feb. 13. He is represented by Madison County public defender Matthew Headley in that case.

Brennon J. Coleman, 36, of Neligh appeared before Taylor on two Class 3A felony counts, third-degree domestic assault, subsequent offense, and first-degree false imprisonment. Coleman requested court-appointed counsel. Taylor found him indigent and appointed Carney. A preliminary hearing is set Feb. 19. Bond was set at $20,000, 10%, with a condition for no contact, direct or indirect, with the victim. Coleman, who has a previous misdemeanor domestic assault conviction involving the same victim, was told by Taylor that a second-offense conviction carries a “significantly more severe penalty.” If convicted, Coleman faces maximum penalties of $10,000 fines, three years in prison on each count, and 18 months post-release supervision.

Coleman was arrested Jan. 25, when police were dispatched to a Neligh home after two calls were received at the Antelope County Law Enforcement Center, according to a probable-cause affidavit filed by Neligh police chief Michael Wright.

Coleman was remanded to Moore’s custody, pending posting of bond.

Jessica L. Hassett, 38, of Madison entered a guilty plea per terms of an agreement with Abler, when she faced Taylor for a pretrial hearing on a count of false reporting. Both parties recommended a sentence of time served. She pleaded guilty to an amended charge of attempted false reporting, a Class 2 misdemeanor committed Sept. 29 after a traffic accident in Orchard. Hassett’s court-appointed attorney, Jeff Doerr of Neligh, told the judge his client had completed inpatient treatment in January. Taylor sentenced her to 18 days in the county jail, with credit for 18 days previously served, and costs totaling $305.81, to be paid prior to her release. Hassett is currently serving a Thurston County sentence, set for release April 1.

Angel Sanchez, 25, of Columbus was fined $100 by Taylor on a count of issuing a $6.02 insufficient-fund check to Hi-Way Mart in Clearwater last August, in addition to $52 costs of prosecution and restitution of $16.02. Sanchez pleaded no contest after waiving his right to counsel. A bench warrant had been issued and served after he failed to appear in court Oct. 16. Bond of $3,000, 10%, was exonerated after satisfaction of the fine and fees.

James D. Butts, 34, of Laurel appeared in front of Taylor for further arraignment on a Class 2 misdemeanor count of no insurance, committed Oct. 17. He pleaded guilty and Abler recommended a fine only. Butts was fined $100 and $50 costs. He was represented by Carney.

Justin R. Bolin, 20, of Greeley appeared on charges committed Jan. 2, Count I, no insurance, a Class 2 misdemeanor, and Count II, operating an unregistered vehicle, a Class 3 misdemeanor. Bolin waived right to counsel and pleaded guilty. He had obtained insurance and registered the vehicle, prompting Abler to dismiss Count II. Taylor fined him $100 and $50 costs on Count I.

Cameron J. Classen, 33, of Orchard pleaded guilty by waiver to violating an Orchard village ordinance for a dog running at large. He was fined $25 and $49 costs.

Jacob M. Thramer, 28, of Oakdale faced Taylor on two Class 3 misdemeanor counts, criminal mischief and disturbing the peace, committed Jan. 24. Thramer waived his right to counsel and pleaded guilty. Abler said he was not prepared to proceed to sentencing due to not having an estimate of damages from the victim. Taylor set sentencing Feb. 19. A $3,000 personal recognizance bond is continued.

William M. Zohner, 63, of Norfolk appeared for arraignment on three counts, DUI, a Class W misdemeanor, and two infractions, driving lift of center and exceeding the speed limit 6-10 mph. He entered pleas of not guilty to all three counts alleged Dec. 22, 2019. Pretrial hearing is set March 4. Bond in the amount of $1,500, 10%, is continued. Zohner is represented by Mark Albin of Norfolk.

Danny D. Snyder, 65, of Oakdale faced Taylor for arraignment on a count of third-degree assault, a Class 1 misdemeanor alleged Dec. 30, 2019. Snyder pleaded not guilty and requested jury trial. Pretrial is set March 4. He is represented by Doerr.

Christine L. Larson, 26, of Shelburn, Minnesota, appeared for arraignment on three counts, a Class 2 misdemeanor, no insurance, and two infractions, possession of marijuana, one ounce or less, first offense, and careless driving, all alleged west of Elgin on Oct. 24, 2019. She requested court-appointed counsel. Carney was appointed. Arraignment is continued to Feb. 19.

Kaylynn R. Kienitz, 23, of Orchard appeared for further arraignment on two counts alleged Oct. 19, 2019, Count I, DUI, a Class W misdemeanor, and Count II, open alcohol container, an infraction. She entered not guilty pleas and requested jury trial. Pretrial is set Feb. 19. Bond, in the amount of $1,500, 10%, is continued. Kienitz is represented by Carney.

Roger G. Wynn of Meadow Grove had written not guilty pleas entered in the Antelope County Court on his behalf by attorney Dennis Collins of Norfolk last week. Wynn is accused of violating city ordinances in Neligh and Tilden. The Neligh complaint was filed by city attorney James McNally on Dec. 23, 2019, alleges on or about Sept. 24, 2019, Wynn allowed parking of unlicensed and inoperable vehicles and accumulation of other debris. The complaint for six Tilden violations was filed July 1, 2019, by city attorney Michael Brogan for allegations he failed to repair or maintain real estate at several locations on or about June 10, 2019. No follow-up appearance dates were set.

 

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