By Sandy Schroth
Editor 

After months on the lam, Holt County man's bond forfeited

 


An O’Neill man, who was initially stopped for speeding, has remained on the lam for months, failing numerous court appearances.

The Honorable Kale Burdick signed an order July 7 for bond, posted July 25, 2019, by Cody L. Horstman, 28, be forfeited.

Horstman was stopped by a Nebraska State Patrol trooper July 25, 2019, on Highway 281 south of O’Neill, for alleged speeding, 81 mph in 65 mph zone. According to a probable cause document, while questioning Horstman, the officer noticed the “light” odor of alcoholic beverage coming from Horstman’s person. He allegedly admitted to consuming three bottles of beer. The officer administered field sobriety tests, which allegedly showed signs of impairment. Horstman refused a preliminary breath test and a post-arrest chemical test. In addition, his Iowa driver’s license had been “barred.”


He was arrested on five counts, driving under the influence, refusal to submit to PBT, refusal to submit to chemical test, driving under suspension and speeding. Horstman posted bond, in the amount of $5,000, 10% cash, July 26, and requested court-appointed counsel. Burdick appointed Rodney Smith of O’Neill.

Continuance of arraignment was granted Sept. 3, when Horstman called in, and again, at Smith’s request, when the defendant failed to appear Sept. 10. He was again a no show Sept. 17 and Burdick signed an arrest warrant. Although he had contacted the court and was advised of court dates, he continued to be a no show, leading to the forfeiture of bond. The warrant remains unserved, with bond set at $5,000, 10%.

Smith filed a motion to withdraw as counsel July 7.

 

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