By Sandy Schroth
Editor 

Holt County judge hands down sentences, orders warrants

 

January 4, 2024



Nathaniel N. Fonseca, 22, of O’Neill faced the Honorable Kale Burdick, in the Holt County courtroom in O’Neill on Dec. 19, 2023, for sentencing on charge of driving under the influence of alcohol, first offense.

Burdick fined Fonseca $500, revoked his driver’s license for 60 days and placed him on probation for six months. The probation order includes fees totaling $210 and he was ordered to pay $105 costs.

Fonseca, who was represented by Brad Montag of Norfolk, pleaded guilty Oct. 17 after reaching a plea agreement with Holt County attorney Brent Kelly. Kelly reduced the charge from DUI, high test, and agreed not to opposed probation.

Fonseca was arrested Aug. 20, 2023, by an O’Neill police officer who observed him driving erratically. A preliminary breath test result was .237 and he blew a .240 when he was booked into the Holt County Jail.

Christopher R. Konicek, 27, of Omaha, faced Burdick on Dec. 12, 2023, for sentencing on a charge of refusal to submit to chemical test, a Class W. misdemeanor.

Burdick placed Konicek on probation for six months, fined him $500 and revoked his driver’s license for 60 days. The probation order includes $210 in fees and he was taxed $50.

Konisek, who was represented by Ronald Temple of Norfolk, pleaded guilty to the charge after reaching a plea deal with Kelly. Kelly dismissed Count I, DUI; Count III, possession of drug paraphernalia; and Count IV, speeding; and agreed to file no additional charges related to the incident. Both parties agreed make a joint sentencing recommendation for probation.

Konisek was arrested Aug. 27, 2023, by a Holt County deputy, who had stopped him for driving 37 miles per hour in a 25 mph zone.

Jeffrey W. Hinkie, 38, of O’Neill faced Burdick for sentencing on two counts included in an amended complaint, Count I, disturbing the peace, a Class 3 misdemeanor, and Count II, third-degree assault, a Class 1 misdemeanor.

Burdick placed Hinkie on probation for 12 months, including $390 in fees and he was taxed $60 costs.

Hinkie pleaded guilty to the charges Oct. 10, 2023, after reaching a plea bargain with Kelly, who amended Count II, from child abuse, also a Class 1 misdemeanor, and agreed to recommend probation.

He was arrested June 9, 2023, after police officers were called twice to an ongoing domestic disturbance at his residence, according to an affidavit filed by an O’Neill police officer.

Hinkie was represented by Holt County public defender Rodney Smith.

Jose A. Trejo Jr., 10, of O’Neill, waived his right to counsel when he appeared Dec. 5, 2023, and pleaded guilty to Count I, possession of marijuana, and Count II, possession of drug paraphernalia.

Burdick fined him $300 and $100, respectively, and taxed him $49 costs for the Oct. 29, 2023, offenses.

Burdick signed warrants for the arrest of two defendants who failed to appear for arraignment Dec. 5.

A warrant was issued for Nathan L. Carlson, 42, of O’Neill, who is charged no proof of financial responsibility, a Class 2 misdemeanor alleged Oct. 28, 2023. Bond is set at $3,000, 10% cash.

Burdick also signed a warrant for the arrest of Dezhanay M. Houston, 27, of Omaha, charged with Count I, no valid registration; Count II, no proof of financial responsibility; and Count III, speeding, six to 10 mph above the posted limit, all alleged Oct. 21, 2023. Bond is set at $3,000, 10%.

James D. Wood, 60, of Clearwater was fined $75 for speeding (70 mph in 55 mph zone) and $25 for no valid registration, offenses committed Oct. 21, 2023. Wood paid the fine and $49 costs by check but did not file a waiver form. Burdick found the payment to be a waiver of the defendant’s rights and a no contest plea. Kelly dismissed a third count, no proof of financial responsibility. He was cited by a Holt County deputy on 508 Avenue, just south of 857 Road.

Four other defendants also recently pleaded guilty to their charges by waiver and paid fines. Each was assessed $49 costs.

Isaiah R. Curtis, 33, of Winner, South Dakota, fined $100 for failure to have or carry fuel permit, a Class 4 misdemeanor. He was cited Oct.31, 2023, north of Atkinson on Highway 11 by a Nebraska State Patrol carrier enforcement officer.

Holden R. Jenkins, 19, of O’Neill was fined $35 for possession of tobacco (vape pens and cigarettes). He was cited Nov. 18, 2023, by an O’Neill police officer.

Alvaro Ramos Rubio, 42, of Cuautemoc, Chihuahua, Mexico, was fined $35 for Count I, a reciprocity violation, no trip report, portable; $100 for Count II, fail to have or carry fuel permit; and $100 for Count III, no unified carrier registration (no registration or payment, company had 2022 UCR). Ramos Rubio was cited Nov. 15, 2023, by an NSP carrier enforcement officer, south of mile marker 167 on Highway 281.

Anthony W. Ryon, 28, of Kennebec, South Dakota, was fined $100 for driving a commercial vehicle without obtaining a CDL, a Class 3 misdemeanor. He was cited near the Inman scale Dec. 11,2023, by a NSP officer.

 

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