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Matthew R. Thomas, 37, of Neligh appeared in the Antelope County courtroom in Neligh on July 3 to be sentenced for third-degree assault, a Class 3 misdemeanor committed nearly three years ago - in October 2021. Antelope County attorney Joe Smith told the judge that Thomas’ former wife, who was not present at the hearing, had requested he receive some jail time so their children would see he got some punishment. Thomas’ attorney, Michelle Schlecht of Norfolk asked for probation. The Honorable Donna Taylor sentenced Thomas to a 12-month term of...
The Honorable James Kube saw an abbreviated criminal docket when he presided from the bench in the Antelope County district courtroom in Neligh last week. Sentencing for Rider Short, 24, of Oakdale is continued to July 31, on a motion of the prosecution, due to a witness being out of state. Bond posted July 5, 2023, in the amount of $20,000, 10%, is continued. Short was convicted of felony flight to avoid arrest and unauthorized use of a vehicle, stemming from a July 4, 2023, escapade in downtown Neligh following the annual holiday parade....
An Inman man has been sentenced to 12 years in prison for multiple drug delivery and weapon charges in Holt County District Court. Marquis E. Bull, 39, of Inman faced the Honorable Mark Kozisec in the O’Neill district courtroom last week to be sentenced for crimes he committed between Sept. 12, 2022, and March 7, 2023 - counts I, II and III, delivery of controlled substances (methamphetamine, psilocybin and marijuana, Class 2 felonies; Count IV, possession of a deadly weapon (knife) by prohibited person, Class 3 felony, and Class V, a...
Donovan T. Colfack, 24, of Stuart waived his right to preliminary hearing on a Class 4 felony, possession of a controlled substance (methamphetamine) and was bound over to the Holt County District Court on June 18. He is set for district court arraignment July 15. Bond posted April 17, in the amount of $10,000, 10% cash, is continued. Martin Klein of Neligh was appointed to represent Colfack by the Honorable Kale Burdick on June 4, citing a conflict of interest for Holt County Public Defender Rod Smith, who was appointed counsel for a...
The Honorable Kale Burdick, while presiding from the bench in the Holt County courtroom in O’Neill last week, signed a bench warrant for the arrest of an Ainsworth man who failed to appear for arraignment. Burdick signed the warrant calling for the arrest of Brenton K. Mann, 39, who failed to appear for arraignment on a charge of driving under the influence of alcohol, high test, a Class W misdemeanor alleged April 29. He was arrested by a Holt County deputy after he became stuck in a ditch along 478 Avenue, about one mile north of Highway 2...
The Honorable Kale Burdick, presiding from the bench in the Holt County courtroom in O’Neill last week, bound two defendants over to the Holt County District Court. Virgen S. Arellano, 20, of Naper waived his right to preliminary hearing and was bound over June 10 on Count I, first-degree sexual assault, a Class 2 felony alleged Jan. 1, 2019. Jurisdiction of Count II, third-degree sexual assault, a Class 1 misdemeanor, was waived to the district court as well. Arellano is represented by Holt County public defender Rod Smith. He filed a w...
Three defendants recently faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill for driving under the influence of alcohol. Avery A. Dilsaver, 43, of O’Neill faced Burdick June 11 for sentencing on a DUI charge, a Class W misdemeanor committed in the city in December 2023. Burdick placed Dilsaver on probation for nine months, fined him $500 and ordered him to serve two days in the Holt County Jail, with credit given for one day previously served. The jail sentence was suspended until June 21. His driver’s license was revok...
Two defendants recently waived their rights to preliminary hearings on felony charges and were bound over to Holt County District Court by the Honorable Kale Burdick. Torrey T. Peterson, 30, of O’Neill waived his right to a preliminary hearing when he faced Burdick on May 21. Burdick bound Peterson over to the district court on three felony counts, Count I, possession of methamphetamine with intent to deliver (140-plus grams), a Class 1B felony; Count II, possession of a controlled substance (meth), a Class 4 felony; and possession of a c...
Donald M. Santacroce, 66, of Rapid City, South Dakota, appeared in front of the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill on June 3, to be sentenced for his conviction of theft by unlawful taking, $1,500-$4,999. Kozisec sentenced Santacroce to 254-255 days in a facility under the jurisdiction of the Nebraska Department of Correctional Services, with credit given for 135 days previously served. Taking good time into account, Santacroce was entitled to immediate release. He was taxed $275.23 costs of prosecution. S...
Julius Tauber, 22, formerly of Camp Lejune, North Carolina, appeared in front of the Honorable Donna Taylor in the Antelope County courtroom in Neligh last week on two counts of intimidation by phone call, Class 3 misdemeanors alleged in May 2023. If convicted of the charges, he faces up to $500 fines and/or 90 days in jail on each count, which jail terms may be ordered served consecutively. Tauber filed a written not guilty plea in January and acknowledged in writing that multiple continuances granted over the past year do not count against...
An O’Neill man will spend at least five years in prison. Cody L. Kizzire faced the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill last Tuesday, June 3, to be sentenced for three Class 2 felony counts of first-degree sexual assault of a minor. The 39-year-old was sentenced to three concurrent 10-to-20-year prison terms for the sexual assault of a minor, committed between April 1 and June 30, 2022. Kizzire was given credit for 284 days served prior to sentencing. If he loses none of his good time, he must serve five yea...
Several defendants were scheduled for first hearing or preliminary hearing on felony charges in the Antelope County courtroom in Neligh last Wednesday, June 5. Shane R. Farrier, 32, of Genoa appeared for first hearing on a charge of theft by unlawful taking, more than $5,000, a Class 2 felony. Farrier requested court-appointed counsel. As the Honorable Donna Taylor questioned him regarding finances, he indicated he had been incarcerated for the last six months in a different jurisdiction. Taylor found him indigent and appointed Antelope County...
Hector A. Perez, 46, of Orchard appeared in front of the Honorable Donna Taylor in the Antelope County courtroom in Neligh last week for sentencing on a charge of driving under the influence of alcohol, second offense, a Class W misdemeanor committed April 23, one mile west of Royal. Perla Alarcon-Flory appeared as interpreter, via Zoom. An enhancement hearing was held. Taylor found sufficient evidence of a previous DUI conviction, making the crime second offense. Taylor sentenced Perez to a nine-month term of probation, including related fees...
The Honorable James Kube saw a short criminal court agenda when he presided from the bench of the Antelope County District Court last week. Rowdy Burke, 52, of Elgin appeared without counsel for a hearing on the status of his bond. Burke was given a deferred jail sentence by Kube last month, and subsequently failed to show up at the Antelope County Jail on April 28 as ordered for his co.viction of driving under suspension. He was arrested in Lincoln on April 29. Antelope County attorney Joe Smith, who had initiated the hearing “declined to g...
Sentencing is set Aug. 12 for 36-year-old O’Neill man found guilty of committing two counts of first-degree sexual assault (subject another person to sexual penetration, knowing or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct), Class 2 felonies committed between July 1, 2023, and Jan. 18 this year. Michael L. Ford pleaded no contest to charges on an amended complaint May 13, pursuant to a plea deal with prosecutor Brent Kelly. Ford also admitted violating a p...
Two individuals were fined by the Honorable Kale Burdick in the Holt Count courtroom in O’Neill last week. Kaden T. Toth, 19, of Omaha appeared for sentencing on Count I, third-degree assault, a Class 1 misdemeanor, and Count III, criminal mischief, less than $500, a Class 3 misdemeanor, both committed Feb. 11 in O’Neill. Burdick fined Toth $150 and $50, respectively, and ordered him to pay $60 costs of prosecution. Counts II and IV, identical charges with a different victim, were dismissed March 19 by Holt County attorney Brent Kelly as par...
An O’Neill man who faces felony charges in three Holt County court cases now awaits extradition to Iowa. On May 20, the District Court of Fremont County, Iowa, issued a bench warrant for 41-year-old Tyler Bain’s arrest for a violation of his probation. The State of Iowa asked Bain’s return to that state to face the alleged violation. Bain appeared in front of the Honorable Kale Burdick on the Iowa probation violation charge May 21, when he declined to waive extradition. However, Burdick found he had signed a waiver June 3, 2022, when his super...
Christopher Brady, 33, of Oakdale appeared in the Antelope County courtroom for first hearing on a Class 3A felony, third-degree domestic assault, second offense, alleged May 13. If convicted of the felony, Brady faces up to a $10,000 fine and/or up to three years of incarceration. He requested court-appointed counsel. The Honorable Donna Taylor appointed Antelope County public defender Pat Carney and set preliminary hearing for June 5. Bond was set at $10,000, 10% cash, with order for no contact with the alleged victim. “You can’t live wit...
Donovan T. Colfack, 24, of Ainsworth appeared in the Holt County district courtroom in O’Neill on May 13, to be sentenced for four crimes committed in July 2023. Colfack is ordered to serve four years of probation under the supervision of a state probation officer and was taxed $147 costs of prosecution. Terms of probation include payment of $1,710 in probation-related fees; payment of $5,000 restitution to Amanda Braun, jointly and severally with a juvenile codefendant; payment of $100 fine on Count III and $300 on Count IV. He is also o...
Two cases with charges from 2021 and 2023 reached resolution in the Holt County court last week when the Honorable Kale Burdick presided from the bench at the O’Neill courthouse. Mark J. McCrea, 63, of Correctionville, Iowa, pleaded no contest to an amended charge in a nearly three-year-old case, pursuant to a plea agreement with Holt County attorney Brent Kelly. On March 16, 2022, Kelly charged McCrea with criminal impersonation, a Class 4 felony alleged Nov. 22, 2021. He provided an O’Neill police officer with an incorrect name and date of...
Christopher J. Deepe, 49, of Broken Bow was bound over to the Holt County district court on a Class 1 D felony, possession of a firearm by a prohibited person, first offense. Deepe faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on May 14. He waived his right to preliminary hearing and Burdick bound the case over to district court, where he was set for arraignment June 17. Bond is continued at $75,000, 10% cash. Deepe is represented by Frederick Bartell of Norfolk. Deepe, who was employed at the Holt County Locker in S...
A 39-year-old Minnesota man was bound over to Holt County district court last week on six felony charges incurred in an April 6 chase that began in Ewing. Luke E. Rothering of Harmony waived his right to preliminary hearing and was bound over by the Honorable Kale Burdick when he appeared for first hearing in the Holt County courtroom in O’Neill last Monday, May 7. Burdick waived jurisdiction of seven misdemeanor counts to the district court. District court arraignment was set May 13, with bond continued in the amount of $300,000, 10% cash. R...
Jennifer L Nekolite, 47, of O’Neill appeared in front of the Honorable Kale Burdick, at the Holt County Courthouse in O’Neill May 7, to be sentenced on Count I, disturbing the peace, a Class 3 misdemeanor; Count II, obstructing a peace officer, a Class 1 misdemeanor; and Count III, false reporting, a Class 1 misdemeanor, all committed May 2, 2023. Burdick sentenced Nekolite to 30 days in the Holt County Jail on Count I and 45 days each on counts II and III. The sentences are ordered concurrent to each other. She was given credit for one day pre...
Hector A. Perez, 46, of Orchard appeared in front of the Honorable Donna Taylor in the Antelope County courtroom in Neligh last week on a charge of driving under the influence of alcohol, second offense, a Class W misdemeanor committed April 23, one mile west of Royal. Perla Alarcon-Flory appeared as interpreter, via Zoom. Perez waived his right to counsel. His waiver was verified by Taylor, through Alarcon-Flory, numerous times during the hearing. She asked if he had ever been represented by counsel in the past. “Si,” he answered. He also answ...
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 new...