By Sandy Schroth
Editor 

Sentencing in 2018 crime delayed due to COVID-19

 

April 16, 2020



Joel Schrader, 48, of Martel, one of three men convicted in a 2018 burglary at a business in Atkinson, was granted continuance of his sentencing, due to COVID-19 concern.

Schrader, who pleaded guilty to a Class 3 felony charge of attempted burglary in January this year after reaching a plea deal in Holt County district court and was to be sentenced by the Honorable Mark Kozisek on March 30, is now set for sentencing Oct. 19.

“Due to the COVID-19 pandemic, and defense counsel’s wish to keep himself, his family and those around him safe, defense counsel would like to avoid in-person court hearings,” said defense attorney, Justin Kalemkiarian with Berry Law Firm of Lincoln, in a motion to the court. “Counsel for the defense has contacted Mr. Schrader, who is also trying to stay in place as much as he can.”


Schrader and two other men, Andrew Yonkey, 48, of Bennet, and James H. Bailey, 43, of Dodge, were arrested and charged Sept. 29, 2018, after Atkinson police was called to the Neil Lange shop for a burglary in progress.

Pursuant to a plea deal, Bailey pleaded guilty in March 2019 to a Class 2A burglary charge in return for Holt County prosecutor Brent Kelly dismissing a felony possession of controlled substance count. He was sentenced by Kozisek in June 2019, to imprisonment in a facility under the jurisdiction of the Nebraska Department of Corrections, for not less than 60 months, nor more than 84 months. Yonkey also entered a plea agreement with Kelly and was convicted of a Class 4 felony accessory count. He was sentenced last October by Kozisek, to 120 days in the Holt County Jail.

A 38-year-old O’Neill woman accused of felony drug possession and possession of drug paraphernalia had her case moved to the North Central Problem Solving Court.

Pursuant to a plea bargain, entered March 30, Rebeca Hadenfeldt pleaded guilty to a Class 4 felony, possession of a controlled substance, committed Oct. 5, 2019. In return, Kelly dismissed the paraphernalia charge and recommended participation in the problem-solving court program.

The program includes $30 enrollment fee and a $100 fee to be paid each month, for a total $1,830.

Upon successful completion and graduation from the drug-court program, the defendant may petition the court to set aside her guilty plea and have the original charge dismissed.

Failure to complete the program will result in sentencing on the original charge.

Hadenfeldt was represented by court-appointed counsel, Martin Klein of Neligh.

 

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