By Sandy Schroth
Editor 

County judge works through varied caseload

 


The Honorable Donna Taylor sentenced three individuals last Wednesday, May 20, in the Antelope County courtroom, while handling a variety of cases, from city nuisance violations and bad checks to violence and drugs.

Mitchell B. Heine, 25, appeared for sentencing on two Class 1 misdemeanor counts, attempted possession of cocaine and attempted possession of hydrocodone, committed in May 2019. Taylor sentenced Heine to fines of $1,000 for each crime and $60 costs of prosecution.

Heine pleaded guilty to the amended charges Feb. 19 after reaching a plea agreement with Antelope County Attorney Joe Abler. In return for Heine’s guilty pleas to the counts that were reduced from felony possession charges, Abler dismissed a third felony count, possession of amphetamine. He was represented by Ryan Stover of Norfolk.

Thomas H. Wilke, 68, of Norfolk appeared on four counts, Count I, driving under the influence of alcohol .15+, a Class W misdemeanor; Count II, possession of marijuana, one ounce or less, first offense, an infraction; Count III, possession of drug paraphernalia, an infraction; and Count IV, possession of open alcohol container, an infraction. Pursuant to a plea bargain with Abler, Wilke pleaded guilty to an amended Count I, DUI, first offense, and Count II. Abler dismissed counts III and IV, with prejudice, and agreed to recommend probation at sentencing.

Taylor ordered fines of $500 and $300, respectively, with credit for up to $200 paid for an evaluation; and a nine-month term of probation. He was ordered to pay $150 costs of prosecution and probation fees totaling $310. Wilke’s driver’s license was revoked for 60 days and he was ordered to complete 60 days of continuous alcohol monitoring, the first 30 days immediately and the balance at the discretion of his probation officer.

Wilke was arrested for the offenses Feb. 15 when his blood content measured .184. He was represented by Mark Keenan of Madison.

Cory D. Romej Jr., 18, of Elgin pleaded guilty to minor in possession of alcohol, a Class 3 misdemeanor committed April 3. He was fined $300 and $50 costs of prosecution.

In a bench trial, Taylor found Christine L. Larson, 26, of Shelburn, Minnesota, guilty of two of three charges, after hearing testimony from two witnesses, Antelope County sheriff Robert Moore and a truck driver from Winside. Larson was judged not guilty of a Class 2 misdemeanor count of no proof of insurance, but guilty of two infractions, possession of marijuana, one ounce or less, first offense, and careless driving, both committed west of Elgin on Oct. 24, 2019.

Sentencing is set June 17. Larson is represented by Carney and Melissa Figueroa.

Robert J. Haskin, 38, of Oakdale appeared in front of Taylor for arraignment in two cases. In the first case, Haskin is charged with operating a motor vehicle during a period of suspension, a Class 3 misdemeanor alleged April 29. Arraignment is continued to June 3.

The second case includes accusations of possession of a deadly weapon by a prohibited person, a Class 3 felony; and Count II, possession of a controlled substance - methamphetamine, a Class 4 felony, both alleged May 5 in Oakdale.

Taylor found him indigent and appointed Carney. A preliminary hearing is set June 3. Bond was set at $50,000, 10%, May 5, with a condition for no contact, direct nor indirect, with a victim.

According to the probable-cause affidavit in the case, Antelope County officers responded to a call in Oakdale and while searching for Haskin, allegedly located a pipe and a bong, believed to be used to smoke marijuana, a clear pipe believed to be used for smoking meth and a set of brass knuckles, all in his bedroom. The officers arrested him on allegations of third-degree assault, possession of a deadly weapon, possession of meth, obstructing a peace officer and possession of drug paraphernalia.

Billy Russell, 29, of Elgin faced Taylor for arraignment on three counts, Count I, third degree assault on a peace officer, a Class 3A felony; DUI, third offense, a Class W misdemeanor; and obstructing a police officer, a Class I misdemeanor. Russell is set for preliminary hearing June 3. Bond was set at $20,000, 10%, May 2. Public defender Patrick Carney of Norfolk was appointed to represent him.

The accusations stem from a stop by an Antelope County deputy near the junction of 844 Road and Highway 14 on May 1, after a report of erratic driving, according to the probable-cause affidavit. Officers allege he became agitated and refused to cooperate with personnel attempting to administer a blood test. He then allegedly resisted transportation to the county jail, tripped a deputy and acted in an aggressive manner, causing injury to officers. The affidavit also indicated the defendant was on parole.

Dennis C. Statler, 50, of Neligh submitted a written not guilty plea to a Class 1 misdemeanor count of domestic assault, alleged March 31 in Neligh. Pretrial hearing is set June 17. Personal recognizance bond in the amount of $10,000 filed April 3, includes conditions that he have no contact with the victim nor be on the property at 510 East 2nd Street in Neligh. Statler is represented by Martin Klein of Neligh.

Taylor ruled motions may be filed for arrests of the following defendants who failed to appear:

Jacob M. Thramer, 28, of Oakdale was scheduled for a hearing on allegations he violated probation ordered Feb. 19, for convictions of criminal mischief and disturbing the peace. Violations reported by probation officers include: Failed to report for probation appointment March 13; admitted to smoking THC March 11 and admitted use of cocaine March 9; cut his CAM bracelet off March 11 and failed to report for appointment to have it re-installed March 13. A motion to revoke signed by Abler on May 13, alleges Thramer was arrested for disturbing the peace Feb. 28, in addition to the violations noted by probation officers.

Jennifer Hines of Neligh failed to appear to show cause why $100 balance of fine and costs ordered in her December 2019 conviction of a Neligh city nuisance ordinance.

Mark Morrison of Oakdale failed to appear for the second time for sentencing on an Oakdale village public nuisance conviction. He failed to appear April 15 and village attorney Luke Henderson of Norfolk requested continuance. Morrison again failed to appear in court last week.

Warrants may also be filed for three defendants who failed to appear on bad check charges. Angel S. See, 42, of Oakdale; Erin M. Hanlin, 37, of Neligh; and Michael Stephens of Durant, Oklahoma.

Richard Peters of Oakdale appeared and had charges dismissed on two Oakdale village nuisance ordinance counts from last July and October. Henderson, on behalf of the village, informed the court Peters had cleaned up his property.

Several cases were dispensed with guilty pleas by waiver.

Aleksey A. Babeshkov, 21, of Shakopee, Minnesota, was fined $75 and $300, respectively, and $49 costs for a Class 3 misdemeanor count of having no operator’s license and an infraction charge of possessing one ounce or less of marijuana; Christian T. Alberti, 21, of Minnetonka, Minnesota, was fined $300 and $49 costs for an infraction charge of possessing one ounce or less of marijuana; and Benjamin T. Spaulding, 20, of Eden Prairie, Minnesota, was fined $300 and $49 costs for possession of marijuana, less than one ounce. The citations stemmed from a March 4 traffic stop on Highway 20.

Karissa J. Cecil, 33, of Mankato, Minnesota, was fined $300 and $75, respectively, and $49 costs for charges of possessing one ounce or less of marijuana and possession of drug paraphernalia, both infractions. The case, along with two others, yet to be resolved, stemmed from a March 3 stop on Highway 70.

Ian J. Pinhero, 19, of Omaha was fined $100 and $49 costs and provided proof of purchasing a 2020 annual permit for fishing without a permit March 16 at Grove Lake.

Kip V. Polston, 42, of Elgin was fined $50 and $49 costs for violating a Neligh city ATV ordinance April 9.

Matthew J. Schindler, 50, and Casey Flenniken, 46, both of Neligh were each fined $25 and $49 costs for dogs running at large in Neligh on April 4.

 

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