By Sandy Schroth
Editor 

Felony charge dropped in plea deal Burglary plan interrupted by 16-year-old resident

 

November 16, 2023



Gerald C. Strackbein, 32, of O’Neill appeared in front of the Honorable Kale Burdick on Nov. 7, in the Holt County courtroom in O’Neill, for sentencing on a count of first-degree criminal trespassing.

Burdick sentenced Strackbein to a 12-month term of probation, including $390 in fees, and taxed him $62 costs for the July 17 crime.

Strackbein pleaded no contest Sept. 19, pursuant to a plea agreement with Holt County attorney Brent Kelly. In return Kelly dismissed a count of attempted burglary.

According to an arrest affidavit filed by an O’Neill police officer, police were called to an apartment by a 16-year-old resident who reported two men had entered the apartment without permission. While he was in a bedroom, he overheard the men enter the living room and discuss plans to steal a PlayStation and a television. When confronted, Strackbein claimed he had been asked by the victim’s mother to feed a cat. The mother later denied giving permission for anyone to enter the apartment.


Following an investigation, arrest warrants were served on Strackbein, who lived in the same building, and co-defendant Dwayne K. Butler, 29. Butler pleaded guilty Oct. 10 to first-degree criminal trespassing and is awaiting sentencing Nov. 20.

Strackbein was represented by Michael Sholes and Butler, by Holt County public defender Rod Smith.

Scott E. Bowman, 55, of Benedict faced Burdick for sentencing on a Class W count, refusal to submit to chemical test, first offense.

Burdick fined Bowman $500, revoked his driver’s license for 60 days and ordered a six-month term of probation, including payment of $210 in fees. He was assessed $50 costs.

Bowman pleaded guilty to the crime Oct. 10, as part of a plea agreement with Kelly. In return, Kelly dismissed Count I, driving under the influence of alcohol, high test and agreed not to object to probation.

Bowman was represented by Forrest Peetz of O’Neill.

Thomas W. Saunders, 64, of Casper, Wyoming, appeared for arraignment on two counts alleged Oct.9, leaving the scene of a property-damage accident, a Class 2 misdemeanor, and false reporting, a Class 1 misdemeanor.

Saunders pleaded guilty to Count 1, pursuant to a plea agreement with Kelly, who dismissed Count II. Burdick fined Saunders $100 and taxed him $50 costs.

Saunders was represented by Peetz.

Steven J. Summers, 60, of O’Neill pleaded guilty, by waiver, to violation of four commercial motor vehicle regulations. He was fined $200 for having no valid registration/ truck, more than 51 days; $100 for having no CDL; $50 for a tire violation; $25 for defective vehicle lighting; and was taxed $49 costs. Summers was cited Oct. 26 by a Nebraska State Patrol carrier enforcement officer one-half mile east of Highway 281, on 873 Road.

Matthew H. Kellum, 47, of Page recently pleaded guilty, by waiver, to Count III, allowing a dog to run at large, a Class 4 misdemeanor. In return, Page village attorney Joe McNally dismissed counts I and II, both for failure to obtain animal permits. Kellum was fined $25 and $49 costs.

 

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