By Sandy Schroth
Editor 

Defendants face Holt County judge on multiple counts

 

March 18, 2021



Matthew S. Spencer, 27, of Bristow appeared before the Honorable Kale Burdick in the Holt County courtroom in O’Neill last Tuesday March 9, facing nine counts, including one felony charge.

Spencer reached a plea agreement with Holt County attorney Brent Kelly, resulting in dismissal of the felony count, possession of a controlled substance; and reduction of a count of possession of marijuana, from a Class 3 misdemeanor third or subsequent offense, to a Class IV misdemeanor second offense.

Spencer pleaded guilty to possessing the marijuana, six infraction counts of possession of drug paraphernalia, and a Class V misdemeanor, window tint violation.


Burdick fined Spencer $500 on the marijuana count, $100 on each drug paraphernalia count and $25 for the window tint violation, in addition to $50 costs of prosecution.

Spencer was represented by Holt County public defender Rod Smith.

Gabrielle F. Wright, 19, of Campton, Kentucky, faced Burdick for arraignment on six counts alleged Feb. 7, prior to moving from Atkinson to Kentucky.

Wright waived her right to counsel and, per terms of a plea deal, entered guilty pleas to two counts, Count I, driving under the influence of alcohol, first offense, .08, a Class W misdemeanor, and Count IV, leave scene of property-damage accident, first offense, a Class 2 misdemeanor. In return Kelly dismissed counts including minor in possession, possession of open alcohol container, possession of marijuana and possession of drug paraphernalia.


Burdick sentenced Wright to a nine-month term of probation on counts I and IV, as well as a $500 fine and 60-day driver’s license revocation on Count I. She was assessed $105 costs of prosecution and $300 probation fees. Probation terms also include completion of an alcohol education course, obtain an AA/NA sponsor and attend one AA meeting per week.

Wright was arrested by an O’Neill police officer, following a Feb. 7 crash in the city.

Jonathan I. Gutierrez Rivas, 27, of O’Neill faced Burdick for further arraignment on three counts alleged last November, Count I, driving under the influence of alcohol, first offense, a Class W misdemeanor; Count II, speeding, 21-35 miles per hour over the posted limit, an infraction; and driving without an operator’s license, a Class 3 misdemeanor.

Pursuant to a plea agreement reached with Kelly, Gutierrez Rivas pleaded guilty to Count I, amended to reckless driving, first offense, a Class 3 misdemeanor; and counts II and III, as charged.

Burdick fined him $500, $200 and $75, respectively, and taxed him $105 costs of prosecution. Gutierrez Rivas was represented by Smith. Language Line was used for interpretation service.

Gutierrez Rivas was arrested by a Holt County deputy Nov. 30, 2020, about two miles south of O’Neill on Highway 281.

Timothy P. Kopejtka, 47, of Page appeared for further arraignment on three counts. He pleaded guilty to Count I, no valid registration, a Class 3 misdemeanor, and Count II, no proof of financial responsibility, a Class 2 misdemeanor. Count III, no operator’s license, was dismissed by Kelly, pursuant to a plea deal.

Burdick sentenced Kopejtka $25 and $175, respectively, along with $50 costs. Kopejtka was represented by Smith.

Kopejtka was cited by a Ewing police offer Dec. 28, 2020.

John J. Shald, 74, of Stuart appeared for arraignment on three counts, Count I, operating motor vehicle during suspension, a Class 2 misdemeanor; Count II, no valid registration, a Class 3 misdemeanor; and Count III, careless driving, an infraction.

Shald waived his right to counsel and, per terms of a plea bargain, pleaded guilty to Count II.

In return, Kelly dropped counts I and III. Shald was fined $25 and $50 costs.

Shald was cited Jan. 30 by a Holt County deputy.

Brody L. Eickhoff, 22, of Hartington pleaded guilty, by waiver, to driving a commercial vehicle without a CDL. He was fined $100 and assessed $49 costs. Eickhoff was cited Feb. 26, by a Nebraska State Patrol carrier enforcement officer, near the intersection of highways 20 and 275.

 

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