By Sandy Schroth
Editor 

Warrant issued by Holt County judge

 

September 2, 2021



The Honorable Kale Burdick signed an arrest warrant for an out-of-state man who failed to appear in Holt County court for arraignment on two felony counts last Tuesday, Aug. 24.

Michael W. Hilton, 36, was arrested by a Holt County deputy June 14, in O’Neill, on allegations of a Class 2A felony, fourth-offense driving under the influence of alcohol, and a Class 4 felony, driving without a court-ordered ignition interlock device. In a probable-cause affidavit, the deputy indicated he was dispatched to investigate a reported reckless driver on Highway 275 near Inman. Hilton, who held a Kansas driver’s license, failed field sobriety tests and registered .258 on a preliminary breath test. He later registered .249 on a post-arrest chemical test, according to the officer.


Hilton posted $500 cash bond June 18, and signed a waiver of extradition, listing a North Dakota address on both forms. He subsequently listed the same address in an email sent to the court in July, requesting a continuance. A letter from the Hettinger County, South Dakota, sheriff’s office, dated July 26, stated Hinton does not reside at that address and hadn’t been in the area since 2016.

Gary L. Braun, 72, of Ewing, was fined $50 and assessed costs of $74.08 for violation of village litter/public-nuisance code. Braun was cited by Ewing police officer June 15. The complaint noted, “grass not mowed and unregistered vehicle.” After he failed to appear in July, a summons was issued at the request of the village attorney, Joe McNally.

He pleaded no contest when he appeared Aug. 17 and was found guilty by Burdick.

Ashley C. Whaley, 23, of O’Neill was fined $25 and assessed $50 costs by Burdick on Aug. 17. She waived her right to counsel and pleaded guilty to a Class 3 misdemeanor count, no valid registration, pursuant to a plea agreement with Holt County attorney Brent Kelly. In return, Kelly dismissed counts of no proof of financial responsibility and operating vehicle during time of suspension and agreed to recommend a fine only for the July 16 offense committed in O’Neill.

 

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