Former student sentenced for 2022 Summerland bus incident
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April 3, 2024
Koda Fernau, 20, of Neligh was an 18-year-old Summerland High School student when he made comments on a school bus and at a Neligh workplace in September 2022, comments that resulted in his arrest on a felony terroristic threat charge.
According to arrest affidavits, while riding on a Summerland bus Sept. 2, 2022, Fernau commented about purchasing a firearm and, while at work on Sept. 9, threatened to “shoot up” a Summerland bus.
Fernau pleaded guilty early this year to a Class 1 misdemeanor charge of third-degree assault (threaten another in a menacing manner), as part of a plea deal with Antelope County Attorney Joe Smith.
On March 27, in the Antelope County district courtroom in Neligh, the Honorable James Kube sentenced Fernau to a 12-month term of probation. Probation terms included, among other things, 90 days incarceration, with credit given for 90 days previously served, and payment of $390 in probation fees and $147 costs.
Kube specifically forbid use of any THC/CBD products unless approved by a healthcare provider.
When questioned by Kube, Fernau admitted use of “legal stuff like CBD, not THC,” for medicinal purposes. He also told the judge about mental health diagnoses, prescribed treatment, and effects of the treatment. The judge cautioned him about self-medication.
“I’m concerned with THC/CDB use,” Kube said. “It’s so easy to get.”
Fernau told the judge he had no memory of the incident on the bus. “I don’t remember because with my anger, I get so mad I black out,” he said.
Fernau’s appointed attorney, Ryan Stover of Norfolk, noted his client’s “unstable upbringing, sometimes with mom, sometimes with dad,” along with the number of schools he had attended.
The judge acknowledged Fernau’s difficult childhood.
Stover said no threats were made directly to kids on the school bus but that comments made later at his workplace were interpreted as threatening.
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Two others were also sentenced to probation by Kube on March 27.
Max Kerkman, 35, of Oakdale appeared alongside his attorney, Brad Montag of Norfolk, for sentencing on a Class 4 felony, possession of oxycodone.
Smith, citing a note in Kerkman’s file alleging possession of a “fake urine bottle,” requested a drug test. Kube said it was “not unreasonable” and ordered the test. Kerkman tested clean.
Kerkman told the judge he has not used drugs since June 2023 and had successfully completed both inpatient and outpatient treatment in August 2023.
“For the first time in my life, I feel like I am going in the right direction,” Kerkman told Kube.
Kube ordered Kerkman to serve a 24-month probation term, including payment of $750 in probation fees and $137 costs. He was ordered to serve 90 days in the county jail before probation ends, unless waived, with credit given for 21 days previously served.
Kerkman was arrested following a June 6, 2023, federal post-release supervision search at his Oakdale residence.
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Matthew P. Williams, 52, of Omaha, was sentenced to concurrent 18-month terms of probation for a Class 3A felony, terroristic threats and a Class 1 misdemeanor, third-degree assault, both committed June 21, 2022, in Neligh.
Probation conditions include payment of $570 probation fees and $137 costs.
He was also ordered to serve 90 days in the Antelope County Jail prior to end of probation, unless waived, with credit for 57 days previously served, and 90 days of continuous alcohol monitoring.
Williams maintained firearms in his possession were not loaded and that he had not pointed a weapon at anyone.
He said he pleaded no contest in January, “just to get case over.”
“He hasn’t had any kind of violent history at all,” Antelope County public defender Pat Carney said. “He received a pretty good beating...was hospitalized and transferred to Omaha.”
Smith said a presentence report was “generally favorable to (Williams).”
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