By Sandy Schroth
Editor 

Holt County judge orders bond forfeited in 2018 case

 

March 31, 2022



The Honorable Mark Kozisec ruled on a motion to forfeit bond, when he presided from the bench in the Holt County courtroom district courtroom in O’Neill on Monday, March 28. The motion was filed by Holt County attorney Brent Kelly in a 2018 case. Adan M. Lopez, 46, posted 10% of $5,000 bond Feb. 5, 2018, after he was arrested on allegations of strangulation and third-degree domestic assault. Lopez was bound over to district court after a preliminary hearing was held in the county court. Lopez failed to appear for arraignment in the district court June 11, 2018, and a warrant was issued for his arrest. The warrant was renewed in 2019, 2020 and one reissued March 14, remains active. Kozisec granted Kelly’s motion, finding recognizance posted by Lopez to be forfeited. Lopez was represented by Holt County public defender Rodney Smith.


John T. Applegarth, 22, of O’Neill appeared on a charge of committing child abuse intentionally, resulting in death, a Class 1B felony alleged in the death of his 13-month-old son, Bryor Weekly, who died July 8, 2021. A joint motion for continuance was granted. Pretrial hearing is continued to June 6. Special prosecutor Mike Guynan from the Nebraska Attorney General’s office, and Holt County attorney Brent Kelly appeared for the prosecution and Sarah Newell, from the Nebraska Commission on Public Advocacy, appeared with the defendant. Applegarth was remanded back into the custody of Holt County sheriff Ben Matchett, pending posting 10% of a $1 million bond.

 

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