Man who fled from deputies sentenced to jail
April 1, 2021
Burdick ordered Rudloff to serve 21 days in the Holt County Jail, beginning March 27, for operating a motor vehicle to avoid arrest, a Class 1 misdemeanor. He was given credit for three days previously served. The count was reduced from felony flight to avoid, pursuant to a Dec. 2, 2020, plea agreement with Holt County attorney Brent Kelly.
Rudloff was sentenced to an additional 10 days in the county jail for second-degree trespass/defy order to leave, a Class 2 misdemeanor; and he was fined $300 for disturbing the peace, a Class 3 misdemeanor. He was also taxed $60 costs of prosecution.
Rufloff was represented by public defender Rod Smith.
According to a probable-cause affidavit filed by a Holt County deputy, Rudloff was arrested on allegations of willful reckless driving, false imprisonment, third-degree assault, trespassing and disturbing the peace at a rural residence about two and one-half miles east of Emmett.
According to the affidavit, Rudloff’s vehicle was observed in a hay yard near the home with no lights. It then proceeding onto Highway 20, with lights on, and failed to stop when the officer employed his overhead lights and siren. The vehicle turned onto a gravel road, reaching speeds in excess of 75 miles per hour, running stop signs, driving in the ditch at times, and was traveling without lights, according the the officer’s report. Officers searched the area but were unable to locate Rudloff.
Rudloff appeared at the sheriff’s office later, after the deputy left a message with his father through Knox County sheriff Don Henery.
Janeen Shoemaker, 58, of O’Neill faced Burdick for a pretrial hearing on five bad check counts, each a Class 1 or Class 2 misdemeanor, dependent on amount. The checks, written to Ogden Hardware & Electronics in Atkinson between June 19 and July 1, 2020, ranged from $10.50 to $1,337.49.
A plea deal was reached, with Shoemaker pleading guilty to issuing the $10.50 check. Kelly dismissed the remaining four counts. There was a joint recommendation for a minimal fine. Shoemaker agreed to make restitution of $2,361.89, at a rate of $40 per month and was fined $25.
She was represented by Smith.
Clem L. Disterhaupt, 71, of Stuart appeared before Burdick for arraignment on a Class 1 misdemeanor count, obstructing government operations.
Disterhaupt, who had filed a written not guilty plea the previous week, changed his plea to no contest, pursuant to a plea agreement reached with Kelly. In return, Kelly agreed to file no further charges related to the offense and recommend a $250 fine.
Burdick found him guilty, followed the agreement sentence recommendation and assessed $50 costs for the crime committed Feb. 2.
Disterhaupt was represented by Ashley Boettcher of O’Neill.
Leonides Broceta, 45, of Omaha pleaded guilty, by waiver, to three counts committed March 18 near the highway 20/275 weigh station. Broceta was fined $50 for bypassing the “open scale” sign, failing to stop and weigh; $50 for a commercial vehicle general brake violation; and $100 for driving the truck without obtaining a CDL; along with $49 costs.