By Sandy Schroth
Editor 

Inman man, woman sentenced to years in prison

 

March 31, 2022



An Inman couple will spend the next few years in prison.

Austin T. Thyfault, 32, of Inman was sentenced by the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill on Monday, to imprisonment under the jurisdiction of the Nebraska Department of Corrections for thefts and possession of drugs found at an Inman residence. The sentences include not less than 120 months, nor more than 180 months, for each of two Class 2A felony convictions of theft by receiving stolen property, more than $5,000. The thefts included a 2004 Chevrolet Impala stolen from Spencer and an Indian Scout motorcycle, stolen in Colorado, both discovered at the residence Aug. 20, 2021, during investigation of break-ins at storage units in Stuart.

He was also sentenced to two to three months imprisonment for each of two Class 4 felony convictions of possession of controlled substance (methamphetamine and cocaine, drugs found during execution of a search warrant at the residence). He was given credit for 210 days served in the county jail prior to sentencing. The sentences are ordered concurrent to each other. Provided he loses none of his good time, Thyfault must serve 60 months, less 210 days, before he is eligible for parole and 90 months, less 210 days, before his mandatory release. He was taxed $147 costs of prosecution.

Thyfault was remanded to the custody of Holt County sheriff Ben Matchett, to be transported to the Nebraska Penal and Correctional Complex at Lincoln. He was represented by Holt County public defender Rodney Smith.

Thyfault pleaded no contest to the theft counts and guilty to the drug possession counts Jan. 24, pursuant to a plea agreement with Holt County attorney Brent Kelly. In exchange, Kelly agreed to dismiss a related Boyd County case and recommend the prison sentences be served concurrent to those in a pending Cedar County case. Thyfault is set for sentencing there April 24, on conviction of four counts, a pair of Class 2A felonies - burglary and theft by unlawful taking - both more than $5,000; a Class 1 misdemeanor, theft by unlawful taking, $1,500-$4,999; and a Class 3 misdemeanor, criminal mischief, 0-$500. The crimes were committed Aug. 15, 2021, in Randolph. Items stolen from storage units, including light bars off police cars and a rescue vehicle, were located at the Inman residence during the Holt County investigation.

A co-defendant, Carol S. Padgett, 37, also of Inman, was sentenced by Kozisec to a term of 50 to 80 months in prison, under the jurisdiction of the state department of corrections. She received credit for 210 days served in the county jail prior to sentencing. Padgett, Thyfault’s girlfriend, was convicted Jan. 24 of a Class 2A felony, criminal possession (with intent to defraud) of four or more financial-transaction devices (each issued to a different account holder), after she pleaded no contest pursuant to an agreement with Kelly. In exchange, Kelly dismissed two Class 4 felony counts of possessing controlled substances (cocaine and meth) and recommended jail sentence run concurrent to any ordered in Cedar County, where she is set for sentencing April 24 for aiding and abetting commission of a Class 2 felony.

Padgett was remanded to Matchett’s custody, to be transported to the Nebraska Center for Women at York. If she loses no good time, Padgett will be eligible for parole after serving 25 months, less 210 days, and must serve 40 months, less 210 days, before mandatory release. In considering her sentence, Kozisec cited a lengthy criminal history, noting “the number of IDs and related documents seized was astounding,” she had previous terms of probation revoked, there are “currently outstanding warrants for her arrest” and “she has little contact (with) her dependents and apparently provides no support for them.” She was taxed $147 costs. Padgett was represented by court appointed counsel, Ashley Boettcher of O’Neill.

Evidence found at the Inman residence included driver’s licenses, social security cards and other personal papers, including banking and business papers with security questions and answers to security questions, for several individuals; as well as two totes with multiple file folders and personal and banking information for other individuals. She also had an active warrant and previous convictions for identity theft in Colorado, according to a probable-cause affidavit filed by the investigating officer.

 

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