Clearwater man sentenced to 12-20 years in prison

A Clearwater man was sentenced to 12-20 years in prison last week.

Michael J. Mueller, 26, of Clearwater received a double sentence of not less than six nor more than 10 years in a facility under the jurisdiction of the Nebraska Department of Corrections when he faced the Honorable James Kube on July 26, in the Antelope County district courtroom in Neligh.

Mueller pleaded guilty in May to charges of first-degree sexual assault in two separate cases involving separate minor victims, a 14-year-old girl on Dec. 26, 2022, and a 15-year-old girl on three occasions last year. The crimes are Class 2 felonies.

The judge accepted letters of support submitted by the defense as addendums to the presentence investigation report, reviewing them before addressing Mueller.

“Obviously these are two troubling cases, both involving sexual assault of minors. being able to buy alcohol for these girls in exchange for sexual favors and at least one was not consensual,” Kube said.

Appearing with his attorneys, Martin Klein of Neligh and Brad Ewalt of Norfolk, Mueller disagreed.

“I never forced her,” he said.

Kube asked, “Do you understand, in our society girls of that age are not able to make consent?”

The defense lawyers said Mueller suffered from fetal alcohol syndrome and a developmental disability.

“He doesn’t think like a normal 27-year-old does,” Klein said.

Ewalt said Mueller had undergone two evaluations, one which showed a low risk to reoffend except in reference to alcohol, while the second showed a moderate risk. They asked for a sentence that would allow him to return to his family as soon as possible.

Antelope County prosecutor Joe Smith opposed probation.

“He’s an adult and he’s doing adult crimes,” he said. “Both of these girls are troubled.”

Smith also recommended Mueller be subject to the Nebraska Sexual Offender Registration Act requirements for 10-25 years.

“We’re not asking for lifetime,” he said.

When questioned by Kube, Mueller said, “I wasn’t thinking when I did it.”

Before passing sentence, the judge said, “(These are) difficult types of cases. I understand your background, lots of support. I also have to take into consideration protection of the public and the victim’s lives.”

Mueller was given credit for a total of five days previously served and was taxed $138 costs of prosecution in each case and ordered to comply with conditions of the sexual offender registry for 25 years after his release from prison.

Mueller was remanded to the custody of Antelope County sheriff Bob Moore for execution of the sentence.