O'Neill man to spend up to 40 years in prison for death of son
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December 1, 2022
Nebraska Department of Corrections Photo
A 23-year-old O'Neill man was sentenced, Nov. 21, to decades in prison for causing the death of his 13-month-old son in July 2021.
John T. Applegarth was sentenced by the Honorable Mark Kozisec, in the Holt County district courtroom in O'Neill, to not less than 30 years, nor more than 40 years in a facility under the jurisdiction of the Nebraska Department of Correctional Services. He was given credit for 463 days served in jail since his arrest and was taxed $147 costs of prosecution.
Charges were first filed July 20, 2021, in Holt County court, relative to the death of Bryor Weekly, who died July 8, 2021. Applegarth was convicted in the Holt County district court Sept. 12, of a Class 2 felony, attempted child abuse resulting in death, after pleading no contest per terms of a plea bargain.
Kozisec's sentencing considerations included "the crime resulted in the death of the child from blunt force injury to his head, neck and torso, not the type of injuries caused by a fall;" and "the only provocation appeared to be dissatisfaction with being required to watch the child while the mother worked."
The judge noted changes Applegarth had begun to make in his life, focusing on his past drug use and spirituality. While Kozisec encouraged those pursuits, he said they did not happen in a timely manner, only taking place after the child's death and the defendant's incarceration.
Provided he loses none of his good time, Applegarth must serve 15 years before attaining parole eligibility and 20 years before attaining mandatory release.
Applegarth was represented by Matthew McDonald with the Nebraska Commission of Public Advocacy, while attorneys with the Nebraska attorney general's office served as special prosecutors, along with Holt County attorney Brent Kelly.
Applegarth was remanded to the custody of Holt County sheriff Ben Mattchett for transportation to the Nebraska Penal and Correctional Complex near Lincoln.
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