By Sandy Schroth

Holt County court case transferred to juvenille court


December 16, 2021

An 18-year-old O’Neill woman, who appeared in the Holt County court Dec. 7 on eight counts, will be tried in juvenile court. A motion to transfer the case was made by Holt County attorney Brent Kelly, who amended the complaint, dropping four counts – zero tolerance violation, possession of open alcohol container, possession of marijuana and obstructing government operations. Counts approved for transfer by the Honorable Kale Burdick include false reporting, littering, tampering with evidence and speeding, all alleged June 19. Kelly asked that the amended complaint serve as the juvenile petition. The defendant is represented by Michael Sholes of O’Neill, who did not oppose the transfer.

Matthew N. Kilmurry, 33, of Atkinson faced Burdick on six counts and waived his right to counsel. A plea agreement was announced. Kilmurry pleaded guilty to five counts, driving under suspension/before reinstated, a Class 3 misdemeanor, and four infractions, three counts of possessing drug paraphernalia and a stop/yield sign violation. In return Kelly dismissed an open alcohol count. Burdick fined Kilmurry $100 each on the first four counts and $75 on the traffic violation. He was taxed $50 costs of prosecution. Kilmurry was arrested by an O’Neill police officer Oct. 19.

Spencer W. Strope, 27, of Orchard waived his right to counsel and pleaded guilty to two counts committed Nov. 3 in O’Neill, no proof of financial responsibility, a Class 2 misdemeanor, and no valid registration, a Class 3 misdemeanor. Burdick fined Strope $150 and $25, respectively, and assessed $50 costs.

Varian P. Jackson, 42, of O’Neill pleaded guilty, by waiver, to possession of drug paraphernalia, committed Oct. 8 in O’Neill. He was fined $100 and assessed $49 costs.

Keith P. Mayer, 55, of Naper pleaded guilty, by waiver, to a Class 4 misdemeanor, failure to carry fuel permit. He was fined $100 and $49 costs. He was cited by a Nebraska State Patrol carrier enforcement officer Oct. 11, in Atkinson.

Wyatt J. Volmer, 36, of Wall, South Dakota, pleaded guilty, by waiver, to four counts committed Dec. 1. He was fined $50 for a CMV marking violation, a Class 3 misdemeanor; $100 for UCR – no registration/payment, a Class 4 misdemeanor; and $75 for an overweight infraction, along with $49 costs. He was cited on the east edge of O’Neill by a NSP carrier enforcement officer.


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