By Sandy Schroth
Editor 

Three sentenced by Judge Taylor

Sixty-three-year-old man who pleads guilty to DUI thanks arresting officer

 

March 12, 2020



William M. Zohner, 63, of Norfolk appeared in Antelope County Court March 4, facing the Honorable Donna Taylor for a pretrial hearing on three counts, driving under the influence, aggravated, a Class W misdemeanor, and two infractions, driving left of center and exceeding the speed limit 6-10 mph.

A plea deal was announced. In exchange for Zohner’s guilty plea on Count I, the two infractions were dismissed by Antelope County Attorney Joe Abler and there was a joint recommendation for a probation sentence. The DUI charge was enhanced due to a blood-alcohol level of .226 when he was arrested Dec. 22, 2019.


Zohner’s attorney, Mark Albin of Norfolk, presented a letter from alcohol/drug counselor Mike Sullivan. Albin said Zohner had not consumed alcohol since his arrest, had completed classes recommended by Sullivan, and obtained an Alcoholics Anonymous sponsor.

In addition, the defendant said he was attending several AA and Alanon meetings weekly and had obtained an interlock device.

Taylor sentenced him to one year probation, including a $500 fine; costs and probation fees totaling $697; two days in the Antelope County Jail, with credit for one day previously served; 90 days on the continuous alcohol monitoring program, 30 days immediately, with the remaining 60 days at the discretion of the probation officer; and ordered him to attend at least two AA or Alanon meetings per week.


“I suspect you will do very well,” she said. “If you do ‘perfectly’ well, your probation officer may recommend early termination of probation.”

Zohner was remanded to the sheriff’s custody. As he left the room, he thanked the judge, the court and the arresting officer for “taking care of our roads.”

Casey J. Swyear, 29, of Neligh faced Taylor, without counsel, for arraignment on two counts of violating a protection order.

Pursuant to a plea agreement, Swyear pleaded guilty to one count in exchange for dismissal of the second count and Abler’s recommendation for a fine only. Abler testified the parties had an extensive history and the protection order had since been dropped.

“They are both trying to put their lives back together,” he said.

Taylor sentenced Swyear to a $300 fine and $50 costs.

The complaint was filed after Swyear made phone calls from the county jail, while serving a sentence in another case. It was noted his previous sentences had been completed including payment of fines and costs.

“I’m just trying to get this all behind me,” Swyear said.

Kaylynn R. Kienitz, 23, of Orchard appeared for a pretrial hearing on two counts committed Oct. 19, Count I, DUI, a Class W misdemeanor, and Count II, possession of open alcohol container, an infraction.

Pursuant to a plea deal, Kienitz pleaded guilty to Count I and Abler dismissed Count II and recommended a 10-day jail sentence. On her behalf, public defender Patrick Carney of Norfolk, asked for a seven-day sentence. He said she had moved to the area due to a relationship that had since ended, was in the process of moving back to Minnesota, where her two children were staying with her parents.

Taylor sentenced her to eight days in the Antelope County Jail, with credit for one day previously served, a $500 fine and $50 costs. Bond was released toward fine and costs, with the balance due before Kienitz leaves the state. She was remanded to the custody of an Antelope County sheriff’s officer.

Two defendants set for sentencing had their cases continued.

Korban A. Palmer, 24, of Meadow Grove, who pleaded guilty to a Dec. 7 DUI charge last month, had not completed an alcohol evaluation. He said he didn’t have enough money to pay what he thought the evaluation would cost, but had an appointment the following week. Taylor continued sentencing to April 1. Bond in the amount of $1,500, 10%, is continued. Palmer is self-represented.

Sentencing for Natalie I. Fernau, 50, of O’Neill, also on a DUI charge, is continued to March 23. Bond in the amount of $3,000, 10%, is continued. She was arrested by an NSP trooper and sheriff Bob Moore on Oct. 16, near the junctions of highways 14 and 20, with a preliminary breath test of .412. She is represented by Carney.

Jeremy J. Mathrole, 40, appeared before Taylor with Carney for a preliminary hearing on two violations of the Sex Offender Registration Act. Due to previous convictions, the allegations are Class 3A felonies.

Mathrole waived his right to a preliminary hearing and was bound over to Antelope County district court, where he is set for arraignment March 25.

Carney asked to be heard on bond that is set for $10,000, 10%. He said his client’s parents reside in Crofton where he would reside until the case is resolved. He also asked for a bond condition of not leaving the state be amended to allow Mathrole to travel to Kentucky to retrieve personal property. Abler objected, citing numerous alleged violations to the registration act and other crimes in Kentucky and elsewhere. Carney said his client indicated the Kentucky charges had been dropped

“Mr. Mathrole also indicated facts to the officers that were not true,” Taylor said. “Bond is set appropriately, along with conditions.”

The defendant was remanded to the sheriff’s custody.

Mathrole was arrested Feb. 11, after Neligh police chief Michael Wright determined he had been staying at a Neligh motel since Feb. 2 and had failed to register the address with the Nebraska Sex Offender Registry. A probable-cause affidavit lists previous SOR violation convictions in 2018 and 2008, in Clay County, South Dakota. According to the Nebraska State Sex Offender Registry, Mathrole has a lifetime registry requirement. He was convicted in 2001, in Iowa, of a misdemeanor, assault with intent to commit sexual abuse, aggravated. The victim was a minor.

Christine L. Larson, 26, of Shelburn, Minnesota, appeared for further 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 pleaded not guilty to all three counts, waiving her right to a jury trial. A bench trial is set April 1. Abler said he did not anticipate a long trial, with evidence including photos and testimony by a truck driver and Moore. Larson is represented by Carney.

Carney also requested continuance for his client, Kael R. Prince, 36, of Norfolk, who was set for sentencing Friday in a Platte County felony case. The attorney said the outcome may affect the Antelope County case. Pretrial hearing on a Class I misdemeanor count of obstructing a police officer and three infractions, possession of marijuana, possession of drug paraphernalia and speeding, is continued to March 23. Prince pleaded not guilty to all four counts, alleged in April 2019, on June 12, 2019, and requested a jury trial. He waived his right to speedy trial. Bond of $4,000, 10%, is continued as well.

Jeff Doerr of Neligh requested continuance of a pretrial hearing for his client, Danny D. Snyder, 65, of Oakdale. Pretrial on a Class 1 misdemeanor count of third-degree assault, alleged Dec. 30, 2019, is continued to April 15. Snyder pleaded not guilty and requested jury trial when he was arraigned Feb. 4.

Taylor signed warrants for two individuals who failed to appear for show-cause hearings on nonpayment of fines and costs. When served, the defendants have four options, pay the judgment in full including cost of serving warrant; sit out the judgment at the rate of $150 per day; be held until next available court date; or pay cash bond of $150 and appear in court the Wednesday following arrest. Justin R. Bolin, 20, of Greeley, who was sentenced for no proof of financial responsibility Feb. 4, failed to show cause for nonpayment of $150. Sarah, A. Hammond, 36, of Huntington, Oregon, who was sentenced for possession of marijuana and drug paraphernalia Oct. 1, 2019, failed to show cause for nonpayment of a balance of $189. Hammond also failed to appear in December.

 

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