By Sandy Schroth
Editor 

District court arraignments delayed

 

April 14, 2022



Arraignment procedures were continued in two Antelope County district court cases, March 30.

Steven H. Habegger, 18, Antelope County Jail, appeared, alongside Antelope County public defender Pat Carney, in the Neligh courtroom March 30. He is charged with a Class 3A felony count of child abuse, alleged Feb. 10 at a Neligh motel, along with three Class 1 misdemeanors, contributing to delinquency of a child, debauching a minor and cruel mistreatment of an animal. The Honorable Mark Johnson advised Habegger of his rights and discussed potential penalties if he is convicted, including up to three years in prison and/or up to a $10,000 fine on the felony child abuse count and up to one year/$1,000 on each of the misdemeanors. Johnson then asked Habegger how he wished to plead. The defendant said, “no contest,” after which Carney asked for a delay so he could confer with his client.


After they returned to the courtroom, Carney requested a continuance. Further arraignment is scheduled April 27. Habegger was remanded to the custody of Antelope County sheriff Bob Moore, pending posting of bond in the amount of $100,000 10% cash.

Sammie M. Diaz, 43, of Clovis, New Mexico, appeared for arraignment for a felony theft charge alleged in 2014. Diaz was also advised of his rights. When Johnson asked if he would request court-appointed counsel, Diaz said if he was able to post bond, he would check on hiring an attorney. Johnson set bond at $10,000, 10%, with conditions he not leave the states of Nebraska, New Mexico, nor Texas, where he is on parole, and contingent on signing a waiver of extradition. He is required to provide addresses in all three states to Moore.

Diaz was arrested by Moore, Oct. 29, 2014, for the alleged theft of a trailer from Lazy T Tire in Orchard. The trailer, valued at $9,800, was recovered in Holt County.

He was bound over to district court in January 2015, scheduled to appear for arraignment in February 2015. He did not appear. Arraignment was continued on an oral motion by his attorney at the time, Alan Jensen. He again failed to appear in March 2015 and a warrant was issued, with bond subsequently forfeited.

Diaz told Johnson, last week, that he was incarcerated in another state at the time he failed to appear and that Jensen is now deceased. District court clerk, Angela Mortensen, confirmed the attorney’s name was not in her current registry.

Further arraignment is set April 27. Diaz was remanded to Moore’s custody, pending posting bond. He did so the same day.

 

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