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James A. Brady, 69, of Neligh faced the Honorable Donna Taylor in the Antelope County courtroom in Neligh on May 1 to be sentenced for third-degree assault.
Antelope County Attorney Joe Smith recommended probation, pursuant to conditions of a plea agreement. He said issues with alcohol and violence had been addressed.
Brady’s attorney, Joel Carlson of Norfolk, told Taylor that his client disagreed with a statement in the presentence investigation report, regarding throwing a phone.
“He didn’t think it hit them,” the attorney said. “The good news – he’s out of the home, he’s doing his job – (he said) he’s done.”
Carlson said Brady wanted a fine, that he had completed alcohol abuse education and was willing to comply with whatever conditions the judge set.
“While this case was pending, you picked up a drunk driving charge in Colorado,” Taylor said before passing sentence.
She fined Brady $300 and ordered a 12-month term of probation, including three days in the county jail, with credit given for three days previously served. He was ordered to pay $390 probation-related fees and $50 costs of prosecution. Conditions of probation also included obtaining mental-health and substance-abuse evaluations. He is to be employed or actively seek employment, making at least five contacts per week or, if he decides to retire, he is required to complete 40 hours of community service per week. He is ordered to have no contact with the victims unless there is express permission from his probation officer.
Brady pleaded no contest to the charge March 20 and was found guilty by Taylor.
He was arrested Nov. 25 after he threw a house phone at his wife and daughter during an argument, telling them to call 9-1-1, according to an arrest affidavit filed by Antelope County sheriff Bob Moore.
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Danial Hohrein, 46, of Oakdale faced Taylor, alongside Antelope County public defender Pat Carney, for pretrial hearing on three counts, Count I, drive under suspension, a Class 3 misdemeanor; Count II, leave scene of property-damage accident, a Class 2 misdemeanor; and Count III, provide false information, a Class 1 misdemeanor.
A plea deal was announced. Smith dismissed Count II and Hohrein pleaded guilty to counts I and III. The agreement also included delayed sentencing to give him time to get his driver’s license reinstated.
Taylor sent sentencing June 5. Bond is continued, in the amount of $4,000, 10% cash.
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