Oakdale man pleads not guilty to felony child abuse

Christofer N. Carstens, 21, of Oakdale pleaded not guilty to a Class 2 felony count, intentional child abuse resulting in serious bodily harm, last Wednesday, July 31, in Antelope County District Court in Neligh.

The Honorable James Kube accepted the plea, setting a pretrial hearing for 9 a.m. Aug. 28. Trial is set Oct. 15.

Antelope County Attorney Joe Abler said Carstens knowingly caused his minor child injury that endangered the infant’s life May 24 and May 25.

A report filed by Antelope County Sheriff Robert Moore in June alleged Carstens admitted to becoming frustrated with his daughter and tossed her up in the air, with her head contacting the ceiling. According to the report, he also advised he became frustrated because child would not stop crying and he “held her with his hands under her armpits and shook her.”

Bond of $500,000, 10% cash, is continued. Bond includes a no- contact order with the child and the child’s mother, who Abler said is a “vital state witness.” Kube allowed an exception, “only for the purpose of juvenile court,” where a related case will be heard. According to Abler, the defendant had allegedly attempted to contact the victim’s mother while he was incarcerated at Madison, despite a no-contact order.

Carstens is represented by Patrick Carney of Norfolk, Antelope County public defender.

Kube sentenced two individuals during court proceedings last week.

Christopher M. Lopez, 32, incarcerated in the Antelope County Jail, appeared for sentencing on two counts, third degree domestic assault, a Class I misdemeanor, and disturbing the peace, a Class 3 misdemeanor.

Kube allowed four letters, submitted by the defense, as addendums to a pre-sentence investigation report, and heard Carney testify that after a plea deal was reached, the parties had discussed a sentence recommendation of six months in jail. With credit for time served, Lopez would have been eligible for release in about two months, but indicated Lopez was requesting probation, because he wanted the structure it would provide after he is released from jail.

“I don’t know what recommendation I’m making,” Abler said. “All parties were … the victim recanted her testimony.”

Lopez told the judge he “was in a bad place,” using heroin when he lived in Massachusetts, where his 13-year-old daughter still lives. “So I came to Nebraska.”

He said that since coming to Nebraska 13 months ago he has been “100% free.”

“But I came here and didn’t seek recovery,” he said. “I didn’t put forth the right action.”

He said after he was arrested in March, he began attending AA and NA meetings at the jail, obtained a sponsor. He went on to outline a number of programs he had engaged to turn his life around and his goals, post release. He said he has secured employment and housing, beginning the day after release, and plans to volunteer with a recovery learning center in the future.

“(I am) a different person who sits before you versus who got arrested on March 28,” he told the judge.

Kube worked through the remaining criminal cases on the docket before taking a short recess to review the case.

“I changed my mind on what I was going to do,” he said.

When he returned, he ordered 18 months probation, along with 90 days of continuous alcohol monitoring and ordered Lopez maintain a sponsor and sign a release to allow the sponsor to discuss his case with a probation officer. In addition Lopez was assessed $147 court costs and ordered to pay probation-related fees totaling $480.

“I was going to give you standard jail sentence,” the judge said. “I like the fact you have taken things into your own hands while sitting in jail. But it will be a lot different when you are out…things come up…probation provides structure, tools to address stress.”

Kube also granted Lopez’ request for original letters attached to the PSI, to include with his employment resume. Lopez was remanded to the custody of Moore to be processed out of the jail.

Catherine Hancock, 54, of Lebanon, Kan., appeared for sentencing on a conviction of attempted theft by unlawful taking, $500 to $1,500. She was originally charged with a Class 4 felony for the theft of two Cadillacs from a garage in Elgin in December 2017, while the registered owner was hospitalized. The defendant had claimed she had permission to take the vehicles by the now deceased man.

A plea deal was reached last month, resulting in a conviction on the reduced charge.

The cars were recovered; one in Nebraska and the other in Kansas, after each ran out of gas, was abandoned and subsequently impounded. Abler asked the judge to include restitution in the sentence, in the amount of $807.75, the cost incurred by the Elgin man’s widow to retrieve the vehicles from impound.

“This is a strange situation,” Kube said. “I don’t run into cases like this very often.”

He asked the defendant if she was “still homeless,” where she now resides, what her income is and if she is disabled.

Hancock answered she now lives in her sister’s house in Kansas, is disabled, receives about $750 a month in SSI benefits and has no savings.

When asked by Kube if she had mental health issues, she replied, “no.”

The judge said the PSI report indicated she was taking no responsibility for the theft of the cars.

Abler asked that the Elgin man’s widow, the Rev. Lyndelle Linde, be allowed to read a letter to the court prior to sentencing. Kube allowed the county attorney to call Linde as a witness and allowed her to read the letter which had been submitted to the court in June. In addition, he allowed two letters from the defense be added to the PSI report.

“I struggle with what to ask,” Carney said. “Miss Hancock is not some hardcore criminal. What’s the appropriate amount of punishment?”

Kube sentenced Hancock to 30 days in the Antelope County Jail, with credit for two days previously served, restitution as requested by the prosecutor and court costs of $148. He exonerated Hancock’s personal recognizance bond and remanded her to the custody of Moore.

Jacob Boutwell, 41, of Oakdale faced Kube, without counsel, for a revocation of probation hearing, accused of violating terms of probation. Kube had sentenced Boutwell to 18 months probation May 22, after he was convicted of possession of methamphetamine, a Class 4 felony committed last October in Oakdale.

The motion for revocation, filed Tuesday, July 30, showed Boutwell was arrested July 7 for driving during revocation of his license, driving under the influence of alcoholic liquor, second offense, and leaving the scene of a property damage accident.

Waiving his right to court-appointed counsel, Boutwell admitted the violations.

Kube accepted the admission, ordered an updated PSI report and set resentencing for Aug. 28.

Brennon Coleman, 35, of Neligh appeared for a pretrial hearing on five counts - Count I, third degree domestic assault, a Class 3A felony; Count II, third degree assault, a Class 1 misdemeanor; Count III, criminal mischief, a Class 2 misdemeanor; Count IV, possession of marijuana, less than one ounce, first offense, an infraction; and Count V, possession of drug paraphernalia, also an infraction.

The court was informed a plea agreement had been reached. Per terms of the agreement, Coleman pleaded guilty to two amended counts, Count I, amended to third degree assault, a Class 1 misdemeanor; and Count II, amended to disturbing the peace, a Class 3 misdemeanor; for the offenses committed Dec. 28, 2018, in Neligh.

Kube ordered a PSI, set sentencing for Sept. 25 and continued bond in the amount of $25,000, 10% cash. Coleman asked for revision of bond, to remove a condition he have no contact with Claudette Des Mazes, which provision was removed by the judge.

“Just be careful,” Kube warned.

Danial C. Hohrein, 41, of Oakdale faced Kube for a pretrial hearing on a pair of charges related to an incident in Oakdale on July 7 that resulted in personal injury. Hohrein changed his plea from not guilty to no contest to Count II, a Class 3 misdemeanor charge of reckless driving, per terms of a plea agreement. In return, Abler dismissed Count I, leaving the scene of a personal injury accident. No sentencing recommendation was made.

Kube accepted Hohrein’s no contest plea and found him guilty beyond a reasonable doubt. He ordered PSI and set sentencing for Sept. 25.

Bond in the amount of $10,000, 10% cash, was continued. Hohrein is represented by Carney.

Thomas E. Hildring, 42, of Neligh faced Kube for arraignment on a Class 4 felony count, possession of a controlled substance, methamphetamine. Hildring waived his right to counsel and pleaded guilty.

Hildring was questioned by Kube regarding his choice to waive his right to counsel and a jury trial, and Abler suggested the judge appoint a standby attorney.

However, after the defendant twice repeated, “I just want to plead guilty,” Kube accepted his guilty plea.

“The charge sticks,” Hildring said. “I’m not going to waste the state’s time and money.”

Kube ordered a PSI and set sentencing for Sept. 25. Bond in the amount of $10,000, 10% is continued.

Matthew G. Cameron, 48, of Running Water, S.D., was granted a continuance of his pretrial hearing on a charge of possession of a controlled substance, meth, a Class 4 felony alleged May 5, on Highway 14, near the Antelope/Knox county line. The hearing is continued to Aug. 28. Bond in the amount of $25,000, 10% cash, is continued as well.