By Sandy Schroth
Editor 

Newport man sentenced to one year in Holt County Jail

 

December 1, 2022

Kale Burdick

The Honorable Kale Burdick handed down several sentences during recent Holt County court sessions held at the Holt County courthouse in O'Neill.

Tyler C. Bain, 40, of Newport was sentenced to concurrent jail sentences in two cases Nov. 15. He was sentenced to 365 days in the Holt County jail for a Class 1 misdemeanor committed April 1, third-degree domestic assault. Credit was given for 17 days previously served. Bain pleaded no contest Sept. 20, pursuant to a plea bargain. In return, Holt County attorney Brent Kelly dismissed a Class 3A felony count of terroristic threats in that case. The second jail sentence is also for 365 days in the county jail for a conviction of violating a protection order, a Class 1 misdemeanor committed April 19. Bain pleaded no contest to the charge as part of the Sept. 20 plea deal. Bain was taxed $61 costs. He was represented by Michael Sholes of O'Neill.

Amanda L. Imel, 30, of O'Neill appeared for sentencing on three counts. Burdick fined her $1,000; committed her to the county jail for 60 days, beginning Nov. 28, with credit for one day previously served; ordered a 24-month term of probation, including $750 in fees; and revoked her driver's license for five years for driving under the influence of alcohol, third offense. She was sentenced to 14 days in jail, to be served concurrently to the other jail sentence, for a Class 2 misdemeanor, no proof of financial responsibility, and fined $25 for failure to maintain her lane, an infraction. She was taxed $115 costs of prosecution. Imel was represented by Holt County public defender Rod Smith.

Imel pleaded guilty Sept. 20 to the three counts, per terms of a plea agreement. In return, Kelly dismissed a count of driving during revocation. He had filed an amended complaint Sept. 12, reducing the DUI charge from a Class 3A felony to a Class W misdemeanor.

Imel, who had two April 2021 DUI convictions in Madison County, was arrested June 8 by a state trooper who observed her crossing the "fog line" on Highway 20. In a probable-cause for arrest document, he reported she claimed to be unable to complete walk and turn and one-leg stand tests because her shoes were too big; failed a preliminary breath test and a subsequent Datamaster chemical test result was .219.

Johnathan S. Larkowski, 29, of O'Neill entered guilty pleas to two of three counts when he appeared before Burdick. Burdick fined him $25 for no valid registration, $100 for driving under suspension/before reinstated and taxed him $50 costs. The pleas were made pursuant to an agreement with Kelly, who dropped a count of no proof of financial responsibility. Larkowski was cited by an O'Neill officer April 3. He was represented by Smith.

Kourtney M. Pierce, 21, of Papillion faced Burdick on Nov. 22, for sentencing on a DUI charge. Taylor fined her $500, ordered a six-month term of probation, revoked her driver's license for 60 days and taxed her $105 costs of prosecution. Terms of probation include completion of MADD victim impact panel and an alcohol education class, at her own expense, and payment of $210 in probation fees. She was represented by Bergan Schumacher of Kearney.

Pierce, who was 20 years old when she was arrested by a Holt County deputy July 17 in O'Neill, pleaded guilty Oct. 11, pursuant to a plea agreement. In exchange for the plea, Kelly dismissed three counts, minor in possession of alcohol and no valid registration, both Class 3 misdemeanors, and speeding, an infraction.

Peter P. Matthews, 54, of O'Neill was sentenced by Burdick, on Nov. 8, for willful reckless driving, first offense. He was fined $500 and his driver's license was revoked for 30 days. He was assessed $105 costs. Matthews, who was represented by Ron Temple of Norfolk, pleaded guilty to the charge that was reduced from DUI by Kelly. He also dismissed two infractions, a stop sign violation and failing to signal. Matthews was arrested April 24, in O'Neill, with a preliminary breath test result of .156 and a subsequent Datamaster test result of 130, according to an affidavit filed by the arresting officer.

Several defendants pleaded guilty to various offenses via waiver recently.

Kraig L. Fahrenholz, 26, of Chambers was fined $100 and assessed $49 costs for duplicating an electronically generated (deer) permit. He was cited by a Nebraska Game and Parks officer Nov. 6, near 848 Road and 493 Avenue.

Gary Wostrel of O'Neill was fined $100 and taxed $49 costs for violating open burning ban Oct. 3.

Dakota J. Larsen, 21, of Omaha was fined $300 and assessed $50 costs for MIP committed May 27, prior to his 21st birthday. He was cited by a Nebraska State Patrol trooper on Highway 20, about two miles west of O'Neill. He was represented by Jerrod Jaeger of Fremont.

Holly A. Kloppenborg, 39, of O'Neill was fined $75 for failing to correct a city nuisance violation, including inoperable vehicles, auto parts and sheet metal. She was cited Oct. 4.

Darwyn G. Dye, 61, of O'Neill was fined $75 for failing to correct a city nuisance violation, including several unlicensed trailers, a semi-tractor, motorcycles, a boat and an inoperable motorhome. He was cited Aug. 31.

An O'Neill minor was fined $50 and $49 costs for an O'Neill city violation, possession of tobacco, second offense, an infraction committed Oct. 30. The 15-year-old was convicted, in Holt County court, of the same offense July 6.

 

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