By Sandy Schroth
Editor 

East, west coast residents charged with drug possession

 


A California woman and a Massachusetts woman, who had been traveling across the United States together, were sentenced to time served when they faced the Honorable Donna Taylor in the Antelope County courtroom in Neligh on June 7.

Mandy L. Oliver, 40, of Pittsfield, Massachusetts, appeared on a charge of possession of psilocybin, a Class 4 felony, while Anabel L. Valenzuela, 35, of Clovis, California, appeared for possession of tramadol, also a Class 4 felony.

Taylor appointed Antelope County public defender Pat Carney to represent Oliver and Martin Klein of Neligh for Valenzuela. After consultations between attorneys and clients, as well as the attorneys with Antelope County Attorney Joe Smith, plea bargains were announced.

Smith reduced both women’s charges to attempted possession of controlled substances, Class 1 misdemeanors, and recommended sentences of time served. Both defendants entered no contest pleas.

Smith said the women had one pill each, both had medical issues and they didn’t have money for bond, “hardly have enough money to get home.”

Klein, on behalf of Valenzuela, requested a sentence of time served. He said she had severe health issues and had a 16-year-old son waiting at home.

Valenzuela told Taylor that she carried just one pill “in case of an emergency” and that the prescription had expired approximately 10 years prior. She said she had been addicted to methamphetamine 12 years ago but had never been charged with a crime. She said she is now a drug and alcohol counselor.

Carney also asked the judge for a sentence of time served for Oliver. Oliver had just a small amount of psilocybin mushrooms and told Taylor that Valenzuela had “found her and was taking her home.”

Taylor adjudged both women guilty, sentenced each of them to three days in the county jail and gave them credit for the three days they had already served. She gave them the option to pay $50 costs each and be released immediately or to stay in jail a few more hours to take care of the costs.

According to a probable-cause affidavit filed by Nebraska State Patrol officer Seth Miller, the women were arrested June 3, after a traffic stop, north of Neligh on Highway 14. The trooper stopped the vehicle due to a broken headlight and detected the odor of marijuana during contact with Oliver, who was driving. Oliver admitted she had marijuana for medical use. During a search of the vehicle, the trooper found psilocybin mushrooms, a marijuana shake and marijuana paraphernalia belonging to Oliver. He also found a defaced pill bottle with one tramadol tablet, belonging to Valenzuela.

Doug E. Lewis, 57, of Norfolk appeared, alongside his attorney, Ron Temple of Norfolk, for pretrial hearing on Count I, third-degree assault, a Class 1 misdemeanor, and Count II, disturbing the peace, a Class 3 misdemeanor. A plea agreement was announced. Lewis entered a no contest plea to an amended Count I and agreed to pay restitution. Smith amended Count I to assault by mutual consent, a Class 2 misdemeanor, dismissed Count II and agreed to file no additional charges from the incident. The amended charge had a potential penalty of up to $1,000 and/or up to six months incarceration.

Smith submitted the police report as factual basis, after which Temple told Taylor there was substantial disparity as to what happened. He said Lewis was “stone sober,” that he hadn’t consumed alcohol for many years; that he had been “attacked from behind;” and had offered to take a polygraph test.

“He does regret not handling it better,” Temple said, before recommending a fine, costs and restitution.

Taylor adjudged Lewis guilty, fined him $600, ordered he pay $1,600 restitution to Amanda Stone and assessed $50 costs

Earlene F. Jensen, 81, of Royal changed her plea on a misdemeanor Village of Orchard ordinance violation when she appeared before the Honorable Donna Taylor in the Antelope County courtroom in Neligh on June 7.

Despite having been granted a continuance in order to hire an attorney at an earlier court appearance, Jensen appeared without counsel and waived her right to one. She changed her not guilty plea to no contest to the charge of maintaining a dangerous building (105 North Windom Street in Orchard), a November 2022 offense. Taylor adjudged her guilty and set sentencing Aug. 16. Village attorney James McNally appeared as prosecutor.

Four defendants recently chose to plead guilty by waiver and pay fines for misdemeanor and infraction charges, including:

• Kristine A. Tabbert, 51, of Orchard; fined $50 and $49 costs for having insufficient life jackets (allow child to use kayak without any life jacket on vessel); cited May 28 at Grove Lake.

• Jonathyn M. Gunderson, 34, of Neligh; fined $100 and $49 costs for driving under suspension; cited by a Neligh police officer May 6.

• Dawson M. Miller, 21, of Sioux Falls, South Dakota; fined $300 for possession of marijuana (edibles), $100 for possession of drug paraphernalia (THC vape pen). and $49 costs; cited April 23 by a NSP trooper west of Elgin on Highway 70;

• Bya Reh, 49, of Omaha, fined $100 and assessed $25 liquidated damages for fishing without a permit (using a cast net on crappie and a red horse sucker); $100 for using a net in a closed portion of Verdigre Creek, $100 for illegal use of a cast net and $49 costs; cited April 29 below the Grove Lake spillway, on Verdigre Creek.

 

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