By Sandy Schroth
Editor 

Holt County judge deals with drug DUI, possession cases

 


Harrison G. Eagle Hawk, 33, of Kadoka, South Dakota, faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on May 16 for arraignment on a Class 4 felony, possession of a controlled substance (methamphetamine).

Eagle Hawk requested court-appointed counsel. Burdick appointed Michael Sholes of O’Neill. The charge was amended by Holt County attorney Brent Kelly to attempted possession of a controlled substance, a Class 1 misdemeanor, and Eagle Hawk pleaded guilty.

Burdick fined Eagle Hawk $1,000 and taxed him $50 costs of prosecution.

Eagle Hawk, who was a passenger in a vehicle pulled over by a Nebraska State Patrol officer for speeding, was arrested March 25, west of O’Neill on Highway 20.

The driver, Theodore L. Bernard, 23, of Winner, South Dakota, was arrested on six counts, including driving under the influence of drugs, a Class W misdemeanor; possession of a controlled substance (meth), a Class 4 felony; carrying a concealed weapon (brass knuckles), a Class 1 misdemeanor; and three infractions – speeding, possession of marijuana and paraphernalia.

Bernard failed to appear for his first hearing May 2 and Burdick issued a warrant for his arrest. Bond which had been amended to $2,500 personal recognizance at a March 28 hearing, was reset at $25,000, 10% cash. Bernard also signed a waiver of extradition March 27.

Logan A. Possnecker,18, of Atkinson appeared for sentencing on a conviction of driving under the influence of drugs (marijuana), a Class W misdemeanor. Burdick fined him $500; ordered a six-month term of probation, including $210 in related fees; and revoked his driver’s license for 60 days. He was assessed $55 costs.

Possnecker pleaded no contest to the charge April 4, pursuant to a plea agreement. In exchange, Kelly dismissed four counts, possession of marijuana, possession of paraphernalia, fictitious display of plates and no valid registration.

He was arrested Nov. 19, 2022, by a NSP trooper. He was represented by Holt County public defender Rod Smith.

Edwin D. Burival II, 20, of O’Neill faced Burdick for sentencing on a conviction of criminal attempt of possession of a controlled substance (concentrated THC), a Class 1 misdemeanor committed Jan. 15

Burdick fined Burival $500 and ordered a 12-month term of probation, including $390 in fees. As part of his probation, Burdick ordered Burival to obtain a chemical dependency evaluation and follow all resulting recommendations; if eligible, enroll in the Nebraska Department of Labor’s Workforce Innovation and Opportunity Act youth employment/training program; and attend at least one “pro-social” event per week.

Burival waived his right to counsel and pleaded guilty March 21.

Ashley M. Kilcoin, 37, of Ewing appeared for arraignment on two infractions, possession of marijuana and possession of drug paraphernalia. She waived her right to counsel and pleaded guilty to both counts. Burdick fined her $300 and $100, respectively, and taxed her $49 costs. Kilcoin was cited by a NSP trooper March 29 on Highway 275, northwest of Ewing.

Lonnie J. Dwinell, 77, of Chambers recently pleaded guilty, by waiver, to violating an open burning ban on April 13. He was fined $100 and $49 costs.

An O’Neill juvenile pleaded guilty, by waiver, to possession of tobacco and was fined $35 and $49 costs.

 

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