Two arraigned on felony charges
November 4, 2021
Two defendants were arraigned by the Honorable Mark Johnson in the Antelope County district courtroom in Neligh on Oct. 27.
Brian G. Tibbens, 50, of Elgin was arraigned on two counts alleged Sept. 26 at a rural Elgin home, first-degree assault, a Class 2 felony, and terroristic threats, a Class 3A felony. If convicted, Tibbens faces potential sentences of a minimum of one year, up to 50 years in prison on Count I and up to three years and/or a $10,000 fine on Count II. Bond continues at $100,000, 10% cash.
Pretrial is set Nov. 24, with jury trial on the Jan 11, 2022, docket.
Tibben’s attorney, public defender Pat Carney, asked for a reduction in Tibben’s $100,000, 10% bond. Johnson continued bond as originally set.
Johnson interrupted arraignment procedures to admonish the defendant.
“You want to laugh again? I can raise it…If you think this is a laughing matter,” he said to Tibbens. “This is serious business. This is an attempt to treat your constitutional rights. The court will entertain an apology.”
Tibbens apologized. He was remanded to Antelope County sheriff Robert Moore’s custody, pending posting of bond.
Anthony P. Lehman, 36, of Carrollton, Texas, was also arraigned. He is charged with four counts alleged Aug. 20, Count I, theft by receiving stolen property, more than $5,000, a Class 2A felony; Count II, possession of heroin, a Class IV felony; Count III, possession of marijuana, an infraction; and Count IV, possession of drug paraphernalia, also an infraction.
Pretrial is set Nov. 24, with jury trial on counts I and II set Jan 11, 2022. A trial to the court is set to follow immediately on counts III and IV. Bond, in the amount of $50,000, 10%, is continued.
Lehman was remanded to Moore’s custody, pending posting of bond. He is represented by Carney.
Lehman’s co-defendant, Samantha F, Lowder, 33, incarcerated at the Antelope County Jail in Neligh, appeared in front of Johnson to request bond modification. She was accompanied by her court-appointed attorney, Martin Klein of Neligh, who asked for a personal recognizance bond, to allow her to enter a treatment program at Sunrise House in Norfolk. She is charged with three counts, alleged Aug. 20, Count I, theft by receiving stolen property, more than $5,000, a Class 2A felony; Count II, possession of methamphetamine, a Class 4 felony; and Count III, criminal impersonation, also a Class IV felony. She pleaded not guilty to all three counts in September.
Johnson amended bond to $10,000 PR, effective when Moore is notified of her admission to the treatment facility.
Pretrial conference is set Nov. 24, with jury trial Jan. 11, 2022.