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Sydney M. Abbott, 29, of O’Neill appeared in front of the Honorable Kale Burdick on Tuesday, March 8, in the Holt County courtroom in O’Neill, for an entry of plea hearing. Abbott pleaded no contest to a Class 2 misdemeanor charge of assault by mutual consent. Burdick found the defendant guilty and sentenced her to nine days in the Holt County Jail, with credit given for nine days previously served. She was assessed $50 costs of prosecution. The original Class 1 misdemeanor, third-degree domestic assault, was reduced by Holt County prosecutor B...
Karsen L. Peterson, 19, of Chambers appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill, on Tuesday, Feb. 8, for a hearing on 13 counts included in a complaint filed Aug. 3. Peterson changed his plea to guilty on seven of the charges, a Class W misdemeanor and six infractions. Holt County prosecutor Brent Kelly dismissed the remaining six. Burdick fined Peterson $500, placed him on probation for six months, with $210 probation fees, and revoked his driver’s license for 60 days on Count I, driving under the...
SANDY SCHROTH sschroth@ summerlandadvocate.com A 53-year-old O’Neill man is accused of five Class 2A felony counts of possessing child pornography, following a months-long investigation by the Nebraska State Patrol, according to an affidavit filed by a patrol investigator. Mark P. McDermott was arrested Dec. 14, 2021, and held on bond of $30,000, 10% cash. A bond review hearing was held Jan. 31, with the Honorable Kale Burdick reducing bond to $10,000, 10%, with conditions. McDermott remained in custody Feb. 8, when he appeared before B...
Miriam I. Frausto, 35, of O’Neill faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Feb. 1 on two counts. Per terms of a plea agreement with Holt County prosecutor Brent Kelly, Frausto pleaded guilty to operating a motor vehicle during time of revocation, a Class 3 misdemeanor. In return, Kelly dismissed a count of driving with improper/defective vehicle lighting. There was a joint recommendation for a fine only. Burdick fined Frausto $250 and taxed her $50 costs of prosecution for the Oct. 27, 2021 offense. Fra...
Marilyn M. Picotte, 67, of Chambers appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Tuesday, Jan. 11, to be sentenced for three counts, Count I, driving under the influence of drugs, first offense, a Class W misdemeanor; Count II, possession of drug paraphernalia, an infraction; and possession of marijuana, one ounce or less, first offense, an infraction. On Count I, Burdick sentenced Picotte to seven days in the Holt County Jail, to commence at 9 a.m. Jan. 14, with credit given for one day p...
Jorge I. Hernandez Romo (aka Jorge I. Hernandez/aka Jorge I. Roma Hernandez/aka Jorge I. Romo), 28, of O’Neill appeared before the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Tuesday, Jan. 4, for sentencing on a count of second-degree false imprisonment, a Class 1 misdemeanor. Burdick sentenced the defendant to a nine-month term of probation for the July 7, 2021, crime, including probation fees totaling $255. He was taxed $60 costs of prosecution. Originally charged with Count I, first-degree false imprisonment, a Cla...
Gerardo Jimenez-Jimenez, 25, of O’Neill was sentenced by the Honorable Mark Kozisek, in the Holt County district courtroom in O’Neill, on Monday for his conviction of two Class 3A felony counts of intentional child abuse. He was sentenced to 30 months in a facility under the jurisdiction of the Nebraska Department of Correctional Services, on each count, with credit given for 48 days served previously. The prison terms are ordered to be served concurrently. Provided he loses none of his good time, Jimenez-Jimenez must serve 15 months, less 48...
An 18-year-old O’Neill woman, who appeared in the Holt County court Dec. 7 on eight counts, will be tried in juvenile court. A motion to transfer the case was made by Holt County attorney Brent Kelly, who amended the complaint, dropping four counts – zero tolerance violation, possession of open alcohol container, possession of marijuana and obstructing government operations. Counts approved for transfer by the Honorable Kale Burdick include false reporting, littering, tampering with evidence and speeding, all alleged June 19. Kelly asked tha...
A South Dakota man was given probation for his angry behavior at two Atkinson businesses in August. Joseph W. Reiser, 20, of Gregory faced the Honorable Kale Burdick for sentencing in the Holt County courtroom in O’Neill on Tuesday, Nov. 16. Burdick sentenced Resier to a six-month term of probation for three Class 3 misdemeanors committed Aug. 25, Count I, reckless driving and counts II and III, criminal mischief, 0 to $500. Reiser’s probation includes probation fees of $210 and he was assessed $60 costs of prosecution. According to a pro...
Trey A. German, 21, of O’Neill appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill last Tuesday, Nov. 9, for sentencing on a conviction of writing a bad check, $500-$1,500. Burdick sentenced German to 30 days in the Holt County Jail and assessed $50 costs of prosecution. He was ordered to stand committed until costs were paid. The jail sentence was ordered to be served consecutive to the sentence in a Holt County district court case. He is projected to be released April 13, 2022, in the district court cas...
Danial R. Frickel, 26, of Atkinson appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Sept. 21 on a charge of driving under the influence, first offense, a Class W misdemeanor. Two motions in limine had been filed by his attorney, Ronald Temple of Norfolk, asking that results of a breath test not be allowed, alleging “defendant requested a blood test and was not afforded the same” and “arresting officer failed to read the defendant the Post-Arrest Chemical Test Advisement.” A plea deal was announced...
Jose Ponce, 21, of O’Neill appeared in front of the Honorable Kale Burdick in the Holt County courtroom last week on an infraction count committed May 10, possession of drug paraphernalia, and a Class 3 misdemeanor count that resulted from his failure to appear in court July 7. He was fined $100 and $50, respectively, and assessed $52 costs of prosecution. Ponce was self-represented. Tyler K. Hanson, 39, of O’Neill faced Burdick for further arraignment on two counts, Count I, speeding, an infraction, and Count II, amended to a Class 3 mis...
The Honorable Kale Burdick signed an arrest warrant for an out-of-state man who failed to appear in Holt County court for arraignment on two felony counts last Tuesday, Aug. 24. Michael W. Hilton, 36, was arrested by a Holt County deputy June 14, in O’Neill, on allegations of a Class 2A felony, fourth-offense driving under the influence of alcohol, and a Class 4 felony, driving without a court-ordered ignition interlock device. In a probable-cause affidavit, the deputy indicated he was dispatched to investigate a reported reckless driver on H...
Amy M. Jackson, 30, of Norfolk faced the Honorable Kale Burdick, in the Holt County courtroom for arraignment on several complaints. Jackson pleaded guilty to four of five counts, pursuant to a plea bargain with Holt County attorney Brent Kelly. In return for guilty pleas to counts I, II and III, each assault in the third degree, and Count V, resisting arrest, Kelly dismissed Count IV, felony abuse of a vulnerable adult. Burdick sentenced her to 30 days in the Holt County Jail on each of the four counts, consecutive to each other, with credit...
John T. Applegarth, 22, of O’Neill waived his right to a preliminary hearing when he faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill last Tuesday, Aug. 10. Applegarth is charged with a Class 1B felony, intentional child abuse which allegedly resulted in the death of his 13-month-old son, Bryor Weekley. A probable-cause affidavit filed by Kerry Crosby, a special deputy state sheriff, working as an investigator for the Nebraska attorney general’s office, indicated he began assisting the O’Neill Police Department with th...
Attorneys with the Nebraska attorney general’s office will serve as special Holt County attorneys, to prosecute a case involving the death of a 13-month-old child. Bryor Weekley, born May 14, 2020, died July 8, allegedly as a result of child abuse at the hands of his biological father, John T. Applegarth, 22, of O’Neill. A Class 1B felony charge of intentional child abuse which resulted in the child’s death was filed against Applegarth on July 19, by Holt County attorney Brent Kelly. A warrant for Applegarth’s arrest, including bond set at...
Nathan L. Carlson, 40, of Inman appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Tuesday, July 20, to be sentenced on three counts. He was sentenced to 65 days in the Holt County Jail for criminal attempt of possession of a controlled substance, a Class 1 misdemeanor, with credit given for one day previously served. The jail sentence was suspended until 8 a.m. Sept. 6. He was fined $300 for possession of marijuana, $100 for possession of drug paraphernalia and was taxed $60 costs of prosecution. C...
The Honorable Kale Burdick, presiding from the bench in the Holt County courtroom in O’Neill last Tuesday, July 6, sentenced an O’Neill woman to probation for not sending a 7-yearold child to school regularly. Kylli Latzel, 32, was ordered by Burdick to serve a one-year term of probation for a violation of compulsory education attendance requirement - failing to cause the child to attend school regularly between Sept. 28, 2020, and Feb.15 this year. She was ordered to pay the $30 probation enrollment fee and $60 in drug testing fees and was...
Trey A. German, 21, of O’Neill faced the Honorable Kale Burdick for sentencing last Tuesday, June 22, on a Class 1 misdemeanor count of theft by deception, $501 - $1,499. Burdick sentenced him to 95 days in the Holt County Jail, with credit for five days previously served. He was taxed $62 costs of prosecution. German was ordered to stand committed to the HCJ until costs are paid in full. The crime, committed Feb. 15, was not reported until Feb. 23, when the victim received a monthly billing. German made two separate purchases at Bomgaars in O...
A 2018 drug case was deposed in the Holt County district courtroom in O’Neill last Monday, June 14, with the Honorable Mark Kozisek presiding. Mark A. Harrison, 54, of O’Neill was fined $1,000 and taxed $181.25 costs of prosecution. Harrison was arrested Dec. 7, 2018, and charged in Holt County court Jan. 7, 2019, with three counts, possession of a controlled substance (methamphetamine) with intent to deliver, a Class 2 felony, and two Class 4 felony counts of possessing controlled substances (meth and anabolic steroids). The pro...
Hebbie R. Snyder, 37, of Ewing faced the Honorable Kale Burdick last Tuesday in the Holt County courtroom in O’Neill, for sentencing on a Class 1 misdemeanor, criminal attempt of a Class 4 felony, possession of a controlled substance (methamphetamine). Burdick placed Snyder on probation for 18 months, including payment of fees totaling $570 and $60 costs of prosecution. Probation terms also include 36 days in the Holt County Jail, two days per month, beginning at 6 p.m. the last Friday of each month unless waived by the court; attend two AA m...
Two 19-year-old O’Neill men were sentenced last Wednesday, May 26, in the Holt County courtroom in O’Neill by the Honorable Tami Schendt. Judge Kale Burdick recused himself from sentencing the men after accepting their guilty pleas March 23. Nathaniel N. Fonseca appeared before Schendt to be sentenced on a conviction of minor in possession of alcohol, ages 19/20, a Class 3 misdemeanor committed Feb. 21. He was fined $300 and assessed $50 costs of prosecution. Roger R. Hauf was fined $300 as well as two days in the Holt County Jail for a con...
Pamela K. Barelman, 55, of Chambers faced the Honorable Kale Burdick in the Holt County courtroom Tuesday, May 11, for sentencing on two counts, driving under the influence of alcohol, .08 or more, but less than .15, first offense, and driving on shoulder. Burdick sentenced Barelman to fines of $500 and $25, respectively, a six-month term of probation, including fees totaling $210; revoked her driver’s license for 60 days and taxed her $105 costs of prosecution. Barelman’s probation terms also included attending two AA meetings per week and an...
Mackenzie G. Sisson, 24, of O’Neill appeared in front of the Honorable Kale Burdick in the Holt County court last Tuesday, May 28, on a Class 1 misdemeanor charge of theft by unlawful taking, $501 to $1,499. Sisson pleaded guilty, as charged, pursuant to a plea agreement with Holt County attorney Brent Kelly. In return Kelly agreed not to oppose probation. There was joint recommendation for restitution in the amount of $600, payable at a rate of $30 per month. In addition, Sisson’s public defender, Rod Smith, requested waiver of probation fee...
Toddrick Nez, alias Nez Toddrick, 25, of Blue Gap, Arizona, pleaded guilty last week, by waiver, to an amended Holt County complaint. Nez was fined $100 and taxed costs of $50 for disturbing the peace, a Class 3 misdemeanor committed March 15 at an O’Neill motel. Bond filed March 15 in the amount of $3,000, 10% cash, was released. Nez was arrested by O’Neill officers, accused of banging on walls and hitting cars. San Oo, 20, of Omaha appeared in front of the Honorable Kale Burdick in the Holt County courtroom last Tuesday, May 4. Oo faced Bur...