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By Sandy Schroth
Editor 

Antelope County man resentenced after violating probation

 


Douglas D. Carpenter, 43, of Neligh was resentenced, by the Honorable Mark Johnson in the Antelope County district courtroom for a 2017 crime last week.

Carpenter admitted violating terms of probation ordered Dec. 19, 2018, pursuant to a plea deal. Johnson revoked probation and sentenced him to 69 days in the county jail on the original count of third-degree assault, committed Sept. 14, 2017, with credit for 30 days previously served. He was remanded to the custody of the Antelope County sheriff to serve the time.

The violation stems from Carpenter’s Sept. 1, 2019, arrest on charges of disturbing the peace and resisting arrest. A charge of stalking was also filed in county court. A subsequent plea deal resulted in his conviction of attempted stalking, with the other charges being dismissed.

Carpenter was represented by Ryan Stover of Norfolk.

Timothy N. Grothe, 57, of Elgin appeared before Johnson, with his attorney Mark Porto of Grand Island, for revocation of probation hearings in two 2018 cases. Grothe entered pleas of no contest to the allegations. Johnson found he had violated probation and ordered a presentence investigation update. Sentencing is set May 27.

Violations include a positive alcohol test in December 2019, admission to consuming alcohol Jan. 19 and failure to appear for testing Jan. 24. Grothe had previous administrative sanctions for positive alcohol and/or drug tests in September, October and November 2019. He was sentenced to 24 months’ probation Nov. 28, 2018 for a pair of convictions, attempted possession of a controlled substance, committed Nov. 26 and Nov. 30, 2017.

Dalynna S. Robertson, 50, of Oakdale was sentenced to 12 months’ probation on a Class 4 felony count of possession of a controlled substance, methamphetamine. Robertson pleaded guilty in February to the crime committed at the Antelope County Law Enforcement Center on Nov. 19, 2019. She was represented by Patrick Carney of Norfolk, Antelope County public defender.

Dennis J. Wilson, 28, of Tilden appeared before Johnson for pretrial hearing on a Class 4 felony charge of possessing a controlled substance, methamphetamine, committed Nov. 15 in Oakdale. Wilson changed his plea to guilty per terms of a plea agreement reached with county prosecutor Joe Abler. In exchange, Abler agreed to file no additional charges arising from the incident and not oppose a probation sentence, if supported by a presentence investigation. Sentencing is set June 24. Bond posted Nov. 19, in the amount of $2,500, 10%, is continued. He is represented by Carney.

Jennifer Capps, 37, incarcerated, appeared via video conference on 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. A plea deal was announced. Capps withdrew her not guilty pleas to the three counts and enter guilty pleas to Count I, amended to criminal attempt, theft by receiving stolen property, a Class 3A felony, and Count II. Abler dismissed Count III and agreed to file no additional charges arising from the Dec. 5, 2019, incident. According to the agreement, Abler is free to recommend at sentencing, which is set June 24.

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

Robert Wagle, 35, of Summerville, South Carolina, also incarcerated, was granted continuances of his pretrial hearing and jury trial 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. Bond of $200,000, 10% cash remains in effect. Wagle is represented by Carney.

Wagle also faces related charges in Wayne 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. Bond for the Wayne County charges is set at $750,000, 10%. Pretrial is set May 6, via Zoom, with a jury trial on the docket June 16. Kathleen Jorgensen is his court-appointed counsel on the Wayne County allegations.

Johnson considered a motion filed on behalf of Gary A. Kallhoff, 55, of Elgin, by attorney Thomas Petersen of Omaha, to have a 2009 15-year driver’s license revocation sentence voided and be resentenced to allow installation of an ignition interlock device. Ruling from Chambers without Kallhoff’s presence, Johnson ordered Kallhoff may apply to obtain an ignition interlock permit through the Nebraska Department of Motor Vehicles and install a device on each motor vehicle owned or operated by Kallhoff for the balance of the revocation.

 

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