Sentences handed down in Holt County court
June 25, 2020
Two 2019 cases were dispensed in the Holt County courtroom last week when the Honorable Kale Burdick pronounced sentence on defendants.
Burdick sentenced Timothy P. Kopejtka, 47, of Page, $500 and assessed him $107 costs, on an amended charge of willful reckless driving, first offense, committed last year. The charge was reduced from a Class W misdemeanor, driving under the influence, in exchange for his guilty plea, pursuant to a plea deal with county attorney Brent Kelly.
According to a probable cause affidavit, Nebraska State Patrol troopers came across Kopeijtka’s vehicle in the ditch along Highway 20 during a snowstorm Nov. 26, 2019. As Kopejtka was subsequently given a ride to Page by a Holt County deputy, the officer suspected alcohol impairment. A preliminary breath test was administered, and he was placed under arrest, with bond set at $5,000, 10% cash. Bond was reduced to $1,000 personal recognizance when he appeared for arraignment Dec. 2, 2019. When he failed to appear for further arraignment Jan. 7, Burdick issued an arrest warrant, which was served by a Holt County officer Feb. 2. Bond was set at $5,000, 10%. Kopeijtka entered a not guilty plea Feb. 4 and requested jury trial, and bond was again reduced to $1,000 PR bond.
Kopeijtka was represented by Holt County public defender Rodney Smith of O’Neill.
Bobbie I. Kleinberg, 41, of O’Neill was sentenced to 30 days in the Holt County Jail, to commence July 3, with credit given for three days previously served. Kleinberg was taxed $60 costs of prosecution.
Kleinberg was convicted of a Class 1 misdemeanor, assault in the third degree. A second identical count was dismissed in December 2019 by Kelly as the result of a plea deal. Sentencing, originally set for January, had been continued several times.
O’Neill police officers and Holt County deputies responded to a physical disturbance at Chesterfield West in O’Neill on Aug. 18, 2019. According to a probable cause affidavit, Kleinberg admitted to assaulting one victim and did not resist arrest. She also advised officers she was under post-release supervision of the probation office, related to a Platte County sentence. She denied assaulting the second victim, who claimed injury as she tried to stop Kleinberg’s attack on the other female.
Tate R. Shoemaker, 20, of O’Neill faced Burdick for arraignment on two counts, Count I, no proof of financial responsibility, a Class 2 misdemeanor, and Count II, littering, a Class 3 misdemeanor. Shoemaker pleaded guilty to Count I, and Count II was dismissed, pursuant to a plea agreement. Burdick fined Shoemaker $100 and $50 costs.
Julio Cesar Soriano, 51, of Houston, Texas, entered a guilty plea by waiver June 5, to a speeding infraction, 78/65, and was fined $75 and $49 costs. Soriana had originally requested a hearing to contest the charge, committed Feb. 29, and had been offered the option to appear electronically.
Kathryn A. Miller, 63, of O’Neill pleaded guilty by waiver to an O’Neill city ordinance violation, dog running at large, an infraction committed April 17. She was fined $20 and $49 costs.
Austin M. Briscoe, 30, of O’Neill pleaded guilty by waiver to an infraction count of possessing drug paraphernalia, committed April 16 in O’Neill. He was fined $100 and $49 costs. A second infraction offense, possession of less than an ounce of marijuana, was dismissed by Kelly.
Dustin L. Dobais, 37, of Atkinson pleaded guilty by waiver to a Class 3 misdemeanor, no valid registration, committed March 4. He was fined $25 and $49 costs. Kelly dismissed a Class 2 misdemeanor count of no proof of financial responsibility.