By Sandy Schroth

O'Neill residents sentenced to probation


August 24, 2023

Shaley F. Kohl, 30, of O’Neill faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill Aug. 8, for arraignment on two Class 2 misdemeanor counts of leaving the scene of a property-damage collision.

Pursuant to a plea deal with Holt County attorney Brent Kelly, Kohl entered a guilty plea to one count with stipulation for $250 restitution to Gifford Tomkins. Kelly dismissed the second count. The agreement included a joint recommendation for probation.

Burdick sentenced Kohl to an 11-month term of probation for the March 29 offense, including $360 in related fees and he taxed her $50 costs. Terms of probation include 22 days in jail (two days the last weekend of each month, if not waived). Additional terms of probation are the same as those imposed in probation ordered Jan. 10, in another case.

Kohl was represented by Holt County public defender Rod Smith.

Diego B. Burival, 19, of O’Neill appeared to be sentenced on two counts, Count I, minor in possession of alcohol, a Class 3 misdemeanor; Count III, attempted possession of a controlled substance, concentrated THC, a Class 1 misdemeanor, and Count IV, possession of marijuana, first offense, an infraction. Burdick fined Burival $300, $500 and $300, respectively, and taxed him $60 costs for the Jan. 15 crimes. In addition, Burival was ordered to serve a 12-month term of probation and pay probation fees totaling $390. Terms of probation include orders to obtain an operator’s license within 30 days; enroll in Nebraska Department of Labor’s Workforce and Opportunity Act youth employment and training program within 30 days, if eligible; obtain full-time employment or complete 30 hours of community service per week for the duration of probation; and obtain a chemical dependency evaluation within 45 days.

Burival pleaded guilty to the three counts June 20, per terms of a plea agreement. In exchange, Kelly dismissed an open container violation and three counts of possession of drug paraphernalia. Burival was represented by Smith.

In other sentencings, Burdick fined three out-of-state defendants.

Alicia A. Waln, 50, of Lake Andes, South Dakota, appeared for sentencing on a Class 3 misdemeanor, operating a motor vehicle during time of suspension. Burdick fined her $100 and assessed $50 costs for the April 7 offense. Waln pleaded guilty May 9 per terms of a plea agreement. She requested and was granted a three-month continuance for sentencing. Waln was self-represented.

Melvin J. Vosika, 38, of Gregory, South Dakota, pleaded guilty, by waiver, to driving a commercial vehicle without having a commercial driver’s license. His license was inactive due to lack of medical card, according to the citation issued by a Nebraska State Patrol carrier enforcement officer July 20, in Stuart. He was fined $100 and $49 costs.

Ivan Radis, 70, of Bothell, Washington, pleaded guilty, by waiver, to an amended complaint charging him with careless driving, an infraction. He was fined $100 and $49 costs for the May 16 offense. Radis, who was represented by Ashley Boettcher of O’Neill, was originally charged with willful reckless driving. The charge was reduced by Kelly on Aug. 1.


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