Felony cases bound over to Holt County district court
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October 26, 2023
Presiding from the bench in the Holt County courtroom in O’Neill on Oct. 10, the Honorable Kale Burdick bound two individuals over to the Holt County district court on felony charges.
Cody L. Kizzire, 38, of O’Neill waived his right to preliminary hearing on three Class 1D felony counts of sexual assault of a child, alleged during a period beginning April 1, 2022, and ending June 30, 2022.
Kizzire entered a written not guilty plea and waived a personal arraignment appearance. His next appearance in the district court is set for Jan. 22. Bond, in the amount of $150,000, 10% cash, is continued. Kizzire is represented by Holt County public defender Rod Smith.
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Donovan T. Colfack, 23, of Newport waived his right to a preliminary hearing and was bound over to district court on four felonies, Count I, burglary, and Count II, theft by unlawful taking, more than $5,000, both Class 2A felonies; Count III, possession of a controlled substance, and Count IV, possession of a controlled substance, both Class 4 felonies. Burdick waived jurisdiction to the district court on Counts V, VI and VII, remove or possess signs, a Class 3 misdemeanor; possession of drug paraphernalia and possession of marijuana, both infractions.
Colfack is set for arraignment in the district courtroom Oct. 30. Bond posted July 24, in the amount of $50,000, 10% cash, is continued.
He is represented by court-appointed attorney, Michael Sholes of O’Neill.
Colfack was arrested July 19 after an investigation, by Holt County sheriff’s officers, into a burglary at an Atkinson residence while the owner was on vacation. During execution of a July 18 search warrant at Colfack’s residence, officers allegedly discovered canisters containing THC wax residue, glass pipes containing a white substance believed to be methamphetamine, marijuana pipes, $720 cash, a handgun, two county road signs and a black digital scale.
A 17-year-old juvenile, who has also been charged in the burglary, has a hearing scheduled Nov. 7, on a motion to transfer his case to county court.
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