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The Honorable Kale Burdick, when he presided from the bench of the Holt County court in O’Neill on April 11, set aside a conviction for Rebecca D. Strong, 48, of Ewing. The action nullifies Strong’s October 2020 conviction of a Class 2 misdemeanor, theft by deception. Burdick ruled that Strong is “unlikely to engage in further criminal activity and it is in her best interest and is consistent with the public interest” to grant the request. In her petition for set aside, Strong said she successfully completed probation, had no further convict...
summerlandadvocate.com A 19-year-old former Orchard woman has been sentenced after reaching plea agreements in six Holt County court cases. Makenzie A. Dow, now of Norfolk, and Holt County public defender Rod Smith, reached agreement with Holt County attorney Brent Kelly on Feb. 14 in the misdemeanor cases. Kelly dismissed two of six counts in a July 29, 2022, case in exchange for Dow’s guilty pleas to remaining charges in all six cases. There was a joint recommendation for probation. The Honorable Kale Burdick handed down sentences for the c...
Dennis C. Cullen, 65, of O'Neill faced the Honorable Kale Burdick in the Holt County courtroom in O'Neill on April 4 for sentencing in a case that has taken a few turns. Cullen was charged with a May 20, 2022, crime, assault in the third degree, in a complaint filed by Holt County attorney Brent Kelly on Nov. 9, 2022. Cullen appeared for arraignment Dec. 6, 2022, accompanied by his attorney at the time, Martin Klein of Neligh. Cullen entered a no contest plea, pursuant to a plea agreement with...
Arrest warrants were issued for three defendants who failed to appear in the Holt County court in O’Neill on April 4. The Honorable Burdick issued a bench warrant for the arrest of Jasmine A. Heck, 35, of Bonesteel, South Dakota, who failed to appear for arraignment on seven counts. The complaint filed by Holt County Attorney Brent Kelly, on March 16 alleges, Count I, no proof of financial responsibility, a Class 2 misdemeanor; four Class 3 misdemeanors - Count II, no valid registration; Count III, no proof of ownership; Count IV, no o...
A resolution regarding perpetual water and conservation easements will go back to the Holt County Planning and Zoning Commission. The directive was given by Holt County Supervisors, Friday, following a public hearing about the 2021 resolution. The easement resolution was sent to planning and zoning for a public hearing, based on a recommendation from county attorney Brent Kelly, who was not in attendance at Friday’s public hearing. During the supervisors’ March 31 hearing, interim planning and...
Neil R. Nemec, 70, of O’Neill faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill last week for sentencing on two charges, Count I, driving under the influence of alcohol, .08, first offense, a Class W misdemeanor and Count II, careless driving, an infraction. On Count I, Burdick ordered a six-month term of probation, a $500 fine and revoked his driver’s license for 60 days. He was fined $100 on Count II and taxed $105 costs of prosecution and $210 probation-related fees. Nemec pleaded guilty Feb. 14, pursuant to a plea agr...
Francis L. Brundle Jr., 35, of Page appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Feb. 21 to face charges in three cases. Brundle changed his plea to guilty, per terms of a plea bargain, on a Class 2 misdemeanor count, no proof of financial responsibility, committed May 7, 2021. In return, Holt County attorney Brent Kelly dismissed two counts, driving during revocation/impound and no proof of ownership. Burdick fined Brundle $250 and taxed him $33 costs. A plea deal was also announced in a case f...
An El Salvador citizen, who was convicted of driving with a totally obscured windshield, DUI, no license and possessing a fake ID for employment was sentenced last week. Pedro Vasquez Cruz, 66, of O’Neill faced the Honorable Mark Kozisec for sentencing in the Holt County district courtroom in O’Neill. Kozisec sentenced Vasquez Cruz to 30 days in the Holt County Jail, with credit for one day previously served, a $500 fine and one-year revocation of his driver’s license for driving under the influence of alcohol (greater than .15), a Class W mis...
Dennis J. Nekolite Jr., 33, of O’Neill appeared in front of the Honorable Mark Kozisec to be sentenced for his conviction of 13 crimes committed between May 26 and July 27, 2022, including five felonies, six misdemeanors and two infractions. Nekolite was sentenced to an institution under the jurisdiction of the Nebraska Department of Correctional Services, with the jail sentences imposed on counts I -III, V-IX and XI-XII to be served concurrently and the sentence on Count X to be served consecutively to the others. The sentences for counts I...
Noah T. Storjohann, 20, of Norfolk appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill last week for sentencing on two counts, third-degree assault, a Class 1 misdemeanor, and disturbing the peace, a Class 3 misdemeanor. Burdick ordered Storjohann to serve a 12-month term of probation for the June 5, 2022, crimes. He was taxed $60 costs and ordered to pay probation fees totaling $390. Probation order includes 24 days incarceration in the Holt County Jail, to be served two days per month unless waived. B...
Travis L. Frickel, 40, of Atkinson faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Jan. 17 for arraignment on nine Class 3A felonies and three Class 1 misdemeanors, alleged between Nov. 13 and Nov. 16, 2022. Frickel waived his right to preliminary hearings on the felony charges and was bound over to Holt County district court on counts I, II and III, third-degree sexual assault of a child, alleged Nov. 13, Nov. 15 and Nov. 16, respectively; counts IV through IX, child abuse, two counts alleged on each Nov. 13, N...
Jericho D. Neal, 24, of Atkinson faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Jan. 10 to be sentenced for several crimes committed last spring - including Count II, a Class 1 misdemeanor, procuring alcohol to a minor; three Class 3 misdemeanors, Count IV, possession/discharge illegal fireworks, Count V, shooting highway signs, Count VI, shooting wildlife from highway; and Count VII, an infraction, possession of less than an ounce of marijuana. Burdick sentenced Neal to a 12-month term of probation, including $...
A 54-year-old O’Neill man was sentenced last week after he was found to be in possession of child pornography in 2021. Mark P. McDermott faced the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill on Jan. 9 for sentencing on two Class 2A felony counts of possessing visual depictions of sexually explicit conduct. Kozisec sentenced McDermott to a three-year term of probation, 60 days in the Holt County Jail, with credit for 14 days previously served and taxed him $147 costs of prosecution. Provided he loses none of his goo...
Noe A. Macias, 34, of O’Neill will spend at least the next three and one-half years in prison. He appeared in front of the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill last week for sentencing on Count I, a Class 1D felony, possession of a firearm by a prohibited person, and two Class 1 misdemeanors, Count II, third-degree domestic assault and Count III, obstructing a peace officer. On Count I, Kozisec sentenced Macias to not less than five nor more than 10 years imprisonment under the jurisdiction of the Neb...
Dustin G. Carman, 29, of Neligh faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Dec. 20, for a change of plea hearing and sentencing on a Class W misdemeanor count of driving under the influence of alcohol, first offense. Carman’s attorney, John Green of Omaha appeared telephonically. Burdick sentenced Carman to a $500 fine, seven days in the Holt County Jail, suspended until Dec. 24, with credit for one day previously served, and revoked his driver’s license for six months. He was taxed $105 costs of prose...
Tyler K. Hanson, 40, of Rapid City, South Dakota (formerly of O’Neill), faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Dec. 13. He pleaded guilty to a Class I misdemeanor, third-degree domestic assault, pursuant to a plea agreement with Holt County attorney Brent Kelly. In return, a felony count of false imprisonment was dismissed and there was a joint recommendation for a probation sentence. Burdick ordered a 24-month term of probation, under terms set forth in a Wheeler County sentence. He was ordered to pay pro...
The Honorable Kale Burdick sentenced four individuals when he presided from the Holt Count court bench in O’Neill on Dec. 6, three of them for driving under the influence of alcohol. Kalah M. Bergmann, 38, of Gretna was sentenced to a $500 fine, 10 days in the county jail, an 18-month term of probation and her driver’s license was revoked for 18 months for DUI (.08), second offense, a Class W misdemeanor. The jail time is deferred until Dec. 27 and she was given credit for one day previously served. Bergmann was taxed $115 costs of prosecution...
A 19-year-old Orchard woman has been given the opportunity to resolve two felony cases through the Northeast Nebraska Problem Solving Court. Makenzie A. Dow appeared in Holt County district court last week, facing the Honorable Mark Kozisec for two cases. A plea deal was announced, which included dismissal of one case by Holt County attorney Brent Kelly. That case included accusations of the June 16 theft of firearms and wallets with several credit cards, a social security card and driver’s license, from vehicles, as well as contributing to the...
A 23-year-old O'Neill man was sentenced, Nov. 21, to decades in prison for causing the death of his 13-month-old son in July 2021. John T. Applegarth was sentenced by the Honorable Mark Kozisec, in the Holt County district courtroom in O'Neill, to not less than 30 years, nor more than 40 years in a facility under the jurisdiction of the Nebraska Department of Correctional Services. He was given credit for 463 days served in jail since his arrest and was taxed $147 costs of prosecution. Charges...
The Honorable Kale Burdick handed down several sentences during recent Holt County court sessions held at the Holt County courthouse in O'Neill. Tyler C. Bain, 40, of Newport was sentenced to concurrent jail sentences in two cases Nov. 15. He was sentenced to 365 days in the Holt County jail for a Class 1 misdemeanor committed April 1, third-degree domestic assault. Credit was given for 17 days previously served. Bain pleaded no contest Sept. 20, pursuant to a plea bargain. In return, Holt...
After sifting line by line through proposed zoning regulations, Holt County Supervisors approved changes for regulations regarding pipelines, carbon pipelines and wind energy. Proposed regulations for solar energy were sent back to the county's planning and zoning board for additional information during the Nov. 16 meeting. Pipeline regulations Proposed regulations update the definition of pipeline to include crude oil, tar sands and affluents. Per regulations, a pipeline will be "any pipe with...
Curtis E. Bolli, 38, of O’Neill was committed to the Holt County Jail after he appeared for sentencing in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Nov. 1. He was sentenced on two counts, Count I, third-degree domestic assault, and Count II, second-degree false imprisonment, both Class 1 misdemeanors committed Aug. 7 in O’Neill. Bolli was sentenced to concurrent 30-day terms of imprisonment, to begin Nov. 7, and he was taxed $60 costs of prosecution. David A. Hespe, 40, of Papillion was also sentenced to tw...
The Honorable Kale Burdick handed fines, license revocations and probation sentences to several defendants who were convicted of driving under the influence of alcohol or drugs, when he presided from the bench of the Holt County court in O’Neill on Nov. 1. Lane F. Ebsen, 20, of O’Neill appeared in front of Burdick for sentencing on two counts, Count I, driving under the influence of drugs, first offense, a Class W misdemeanor, and possession of marijuana, less than one ounce, an infraction. Burdick placed Ebsen on probation for 12 months, inc...
Joshua J. Speth, 39, of O’Neill was sentenced Oct. 24 by the Honorable Mark Kozisec in the Holt County district court in O’Neill on four counts committed July 9, 2021. Kozisec sentenced Speth to 36 months in a facility under the jurisdiction of the Nebraska Department of Correctional Services and 15 years revocation of his driver’s license for a Class 3 felony count of driving under the influence of alcohol, high test, two previous convictions. The charge was reduced from a Class 2 felony (three previous convictions) per terms of a May plea...
Patsy-Kay I. Palmer, 20, of Ainsworth faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Oct. 11, on four counts. She pleaded guilty to three counts, pursuant to a plea agreement, Count I, driving under the influence of alcohol, first offense, a Class W misdemeanor; Count II, driving left of center, a Class 3 misdemeanor; and Count IV, minor in possession of alcohol, a Class 3 misdemeanor. In return, Holt County prosecutor Brent Kelly dismissed a reckless driving charge. Burdick sentenced her to a $500 fine; six m...