By Sandy Schroth
Editor 

Orchard man receives probation for terroristic threats

 


An Orchard man, who has spent most of 2023 in the county jail, was sentenced to specialized probation by a district court judge last week - along with time already served and restitution.

Michael D. Fox, 37, appeared before the Honorable James Kube in the Antelope County district courtroom in Neligh on April 26 for sentencing on two counts, terroristic threats, a Class 3A felony, and criminal mischief, a Class 3 misdemeanor. Fox was accompanied by his court-appointed attorney, Martin Klein of Neligh.

Kube reviewed a presentence investigation report with Fox as well as an addendum, a letter from a victim in the case.


“It looks like you have a bad attitude more than anything,” the judge said.

Fox said he had “trust” issues, attributing them to the suicides of family members. “Everyone else knew before I did,” he said. “I am a bitter person.”

Kube also commented on his drug use, “meth and marijuana are a big issue, you first tried them at 13.”

“And alcohol is a big issue in my life,” Fox added.

Kube asked about his indication to the probation officer who conducted the PSI that he was not interested in probation and his desire to leave Nebraska.

“I have mixed emotions,” Fox said. “I think probation might be better than just time served…I would like a chance at probation, I won’t let you down.”


The judge agreed.

“I tend to think you do need probation, special SSAS probation,” he said. “It deals with addiction…it’s not easy but it can change you, help you get your life back.”

Kube ordered Fox serve concurrent two-year terms in the specialized substance abuse supervision program administered by the Nebraska District 7 probation office, including administration, programing and testing fees totaling $750. In addition, the judge ordered 90 days in the Antelope County Jail, with credit for 86 days served.

“So you are done with jail,” Kube said.

He ordered Fox to pay $170 restitution to Jill Anson for a slashed tire, ordered him to obtain a sponsor, obtain an alcohol/drug evaluation and complete any recommend treatment. He was taxed $147 costs of prosecution.

Fox pleaded guilty Feb. 22, pursuant to a plea agreement with Antelope County Attorney Joe Smith and agreed to pay restitution.

He was arrested Jan. 30 in Orchard by an Antelope County deputy, who was assisted by sheriff Bob Moore and a Neligh police officer, according to a probable-cause affidavit filed by deputy Trent Howard. In addition to alleged threats on the lives of four individuals, Fox allegedly slashed a tire on one victim’s vehicle and damaged some of her belongings. He claimed he had been held against his will in a garage.

Kube also arraigned one defendant and sustained requests for several continuances.

Brennon J. Coleman, 39, of Randolph appeared for arraignment, alongside Klein, his court-appointed counsel. Coleman is charged with third-degree domestic assault, second offense, alleged March 12 in Neligh. Kube informed Coleman of the possible penalties for conviction of the Class 3A felony - up to three years imprisonment and/or up to $10,000 fine. Coleman pleaded not guilty. Pretrial hearing is set May 31 with a trial date of Aug. 21. Bond posted March 27 is continued at $20,000, 10% cash, with conditions including no contact with the alleged victim.

The remaining cases on the criminal docket all saw pretrial hearings continued, including:

• Michael J. Mueller, 26, of Clearwater, represented by Klein and Brad Ewalt of Norfolk; charged with first-degree sexual assault, Class 2 felonies alleged in two separate cases involving separate minor victims, pretrial hearings and hearings on other motions that may be necessary all continued to May 31, jury trials continued to Aug. 21; bonds of $250,000 and $100,000, 10%, posted Jan. 4 and Jan 24, respectively, continued;

Ryan Brummels, 22, of Ewing, represented by Frederick Bartell of Norfolk; charged with first-degree sexual assault of a minor, a Class 2 felony alleged Dec. 26, 2022; pretrial hearing and possible hearings on other motions continued to May 31, with jury trial continued to Aug. 21; $50,000, 10%, bond continued;

• Morgan K. Anson, 25, of Orchard, represented by Antelope County public defender Pat Carney, charged with theft by receiving stolen property valued at more than $5,000, a Class 2A felony, possession of methamphetamine, a Class 4 felony, use of motor vehicle to avoid arrest, a Class 4 felony, possession of burglar tools, a Class 4 felony and obstruction of a police officer, a Class 1 misdemeanor, all alleged Dec. 9, 2022, in Orchard; pretrial hearing continued to May 31 with jury trial remaining on June 20 docket; $50,000, 10%, bond continued;

• Koda K. Fernau, 19, of Clearwater, represented by Ryan Stover of Norfolk, charged with a Class 3A felony, making terroristic threat, alleged in September 2022; pretrial hearing continued to May 31, with jury trial Aug. 21; $25,000, 10%, bond continued;

• Jake R. Short, 22, of Oakdale, represented by Carney on a Class 4 felony, possession of cocaine; pretrial hearing continued to May 31, jury trial remains on June 20 docket; remanded back to Antelope County sheriff Bob Moore’s custody, pending posting of $20,000, 10%, bond;

• Reva J. Talton, 44, Antelope County Jail, represented by Carney on charge of possession of methamphetamine, alleged Feb. 14, in Oakdale; pretrial conference continued to May 31, with jury trial remaining on June 20 docket; remanded back to Moore’s custody, pending posting of $7,500, 10%, bond; and

• Matthew P. Williams, 51, Neligh, represented by Carney, charged with two felonies and a misdemeanor, Count I, use of a deadly weapon (firearm) to commit a felony, a Class 1C felony, Count II, making terroristic threats, a Class 3A felony, Count III, third-degree assault, a Class 1 misdemeanor, all alleged June 21, 2022, in Neligh; pretrial continued to May 31, with jury trial remaining on June 20 docket; $50,000, 10%, bond continued.

 

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