By Sandy Schroth
Editor 

New Mexico resident fined for 2014 crime

 

November 3, 2022



Sammie M. Diaz, 43, of Clovis, New Mexico, appeared in front of the Honorable Mark Johnson in the Antelope County district courtroom in Neligh on Oct. 26, for sentencing on a 2014 theft charge.

Antelope County prosecutor Joe Abler joined a probation recommendation made in a presentence investigative report prepared by the probation office.

Diaz’ attorney, Martin Klein of Neligh, told the judge his client would ask for a fine but the presentence investigative report recommended probation. He said Diaz was an appropriate candidate for probation, that he worked 70 to 80 hours a week as a federal contractor for a company working in Nebraska.

“I committed the crime, it’s my responsibility,” Diaz said. “I was in prison for five years (when he failed to appear in Antelope County district court in 2015), it isn’t that I don’t want to take care of it.”

Johnson fined him $2,500 and taxed him $164.50 costs.

“I don’t know what probation can do to tell someone not to steal. This is an older case, no permanent damage done,” the judge said. “You have significant criminal history, and this isn’t going to help…You are working and that is what the court cares about.”

Diaz had been arrested by Antelope County sheriff Robert Moore, Oct. 29, 2014, for the theft of a trailer from Lazy T Tire in Orchard. The trailer, valued at $9,800, was recovered in Holt County and was returned to the owner.

Diaz was bound over to district court and 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.

A Colorado woman, who was placed on probation this past spring, failed to appear for a probation revocation hearing. Johnson issued a bench warrant, setting bond at $10,000, 10% cash.

Casandra L. Howell, 38, of Trinidad, Colorado, was sentenced May 25 to an 18-month term of probation for possession of a controlled substance, methamphetamine. Howell’s probation supervision was transferred to Colorado.

She allegedly violated terms of probation when she was arrested less than one month later, by Trinidad officers, on several charges, including third-degree assault, domestic violence and criminal mischief. She was arrested again, by a Logan County, Colorado, sheriff’s officer Sept. 15, for an allegation that she violated a protection order.

Collin L. Willert, 22, of Albion did not appear to show cause for not paying costs assessed in a 2019 case. Willert, on April 24, 2019, was committed to the Nebraska Department of Correctional Services for his conviction of three crimes, theft, trespassing and contributing to the delinquency of a minor. He was taxed $138 costs, payable after his release from prison. Johnson sustained a motion to forfeit $135 bond posted Aug. 19, when Willert was arrested after he previously failed to appear on the same issue. The funds were applied to costs owed. Johnson waived the $3 balance owed by the defendant.

Isaac W. Anderson, 37, of Brunswick appeared for arraignment on a Class 3A felony allegation that he failed to register with the county sheriff, per terms of the Nebraska Sex Offender RegistrationAct. Anderson, accompanied by Klein, his court-appointed attorney, pleaded not guilty. Johnson set pretrial conference Jan. 25, 2023, with a Feb. 14 jury trial. Bond, in the amount of $5,000, 10%, posted July 8, is continued.

According to a probable-cause affidavit, Anderson was arrested July 7 at his Brunswick home, as authorities were serving a search warrant in a different case. According to the affidavit, Anderson was convicted in 1992 of first-degree sexual assault in McDonald County, Missouri, and as a “lifetime offender” is required to register each September, December, March and June. According to the affidavit, Anderson registered May 31, after he moved to Brunswick from Knox County but not in June as required.

Gregory W. Mott, 55, of Tilden appeared to request early release from an 18-month term of probation ordered July 28, 2021, for his conviction of third-degree domestic assault. Johnson granted Mott’s request and released him from probation satisfactorily. A 90-day jail sentence, set to commence Oct. 30, was waived, on the recommendation of Mott’s probation officer.

 

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