Preliminary hearings set in Antelope County drug, assault cases

The Honorable Donna Taylor sentenced several individuals when she presided over Antelope County Court on Monday, Sept. 9.

Tegan O. McLean, 19, of Creighton was sentenced to 30 days in the Antelope County Jail for a conviction of false reporting, a Class 1 misdemeanor committed in Neligh on March 6. In addition, he was fined $500 for a count of possession of marijuana, one ounce to one pound, a Class 3 misdemeanor. He was given credit for three days previously served and assessed $62 costs. A count of contributing to the delinquency of a minor was dropped.

In a separate case, McLean was sentenced to 30 days in the county jail, with credit for nine days served, on a conviction of intimidation by phone call/electronic device, a Class 3 misdemeanor committed May 1, relative to the March 6 case. A count of making terroristic threats was dropped per terms of a plea agreement. He was also ordered to pay costs of $52. The jail sentences are ordered concurrent to each other. He was represented by public defender, Martin Klein of Neligh.

Kristie J. Koch, 25, of Genoa appeared on two counts, Count I, obstruct government operations, a Class 1 misdemeanor, and Count II, possession of drug paraphernalia, an infraction, both occurring May 5, while she was incarcerated at the county jail for post-release supervision sanctions from Platte County. Per terms of a plea agreement, Abler dismissed Count II with prejudice and Koch pleaded guilty to Count I. Taylor sentenced her to 60 days in the county jail and $50 costs.

Victoriano Valdez Gonzalez, 57, of Norfolk appeared without counsel, on a count of driving under suspension, a Class 3 misdemeanor, committed Aug. 31, when he was arrested at a vehicle check point on Highway 275. Speaking through a Spanish-speaking interpreter via speaker phone, Gonzalez waived his right to counsel and pleaded guilty. Prosecutor Joe Abler advised the court Gonzalez license was suspended in 2016 for having no proof of insurance and he has two prior DUS convictions. Taylor fined him $250 and $50 costs. Bond posted Aug. 31 was exonerated. “In Nebraska you can’t drive unless you have a license that is not suspended,” Taylor said. “Don’t drive anymore.”

Michael L. Ford, 30, of Neligh appeared for arraignment on a DUS charge. Ford had reinstated his license prior to the court appearance. Taylor sentenced him to a $100 fine and $50 costs.

Michaella K. Myers Tvedt, 27, of Wentworth, South Dakota, appeared with her service dog, for arraignment on a Class 3 misdemeanor count of driving under suspension. Her Nebraska license had been suspended in March 2018 for failure to pay child support. She told the judge she was unaware her South Dakota license was invalid in Nebraska due to the Nebraska suspension. She had in the meantime, obtained reinstatement of her Nebraska license. Taylor sentenced her to a $100 fine and $50 costs.

Preliminary hearings were set for several defendants facing felony counts.

Kei'Dron T. King, 32 of Wayne appeared, without counsel, on two felony counts, Count I, possession of marijuana, with intent to deliver or distribute, and Count II, possession of more than one pound of marijuana, both alleged July 28 on Highway 70. King asked for court-appointed counsel until he can hire his own attorney. Taylor appointed Charles Balsiger of Norfolk. King failed to appear Aug. 21 and an arrest warrant was issued and served that day. The defendant alleged he arrived at court, but was late. The warrant included a $50,000 bond, in addition to the $20,000, 10% cash, posted Aug. 7. King requested his original bond be reinstated. Taylor ordered bonds remain as set, citing a “serious bond violation and alleged assault” in Madison County. She said bond may be reviewed at his preliminary hearing Sept. 26. “You have an attorney now,” she said. King was remanded to the custody of the county sheriff, pending posting of bond.

Alexander J. Fitzgerald, 29, of Neligh faced Taylor on two felony counts, Count I, use of a deadly weapon to commit a felony, a Class 2 felony, and Count II, second-degree assault, a Class 2A felony, alleged Aug. 22 at a Tilden convenience store during an altercation with another man. Taylor signed an arrest warrant Aug. 23, setting bond at $50,000, 10%. The warrant was served Aug. 28. Taylor reduced bond to $25,000, 10%, with an order for no contact with Cody Romej, directly or indirectly, advising the defendant to notify his employer of the bond condition. Preliminary hearing is continued to Oct. 16. If found guilty, Fitzgerald faces a penalty of up to 50 years in prison on Count I and up to 20 years on Count II. He is represented by Balsiger.

Kristen R. Bliss, 23, currently incarcerated in the Antelope County Jail, appeared for arraignment on a Class 2 felony count, possession of oxycodone, with intent to deliver or distribute, alleged July 27. Taylor advised Bliss of possible penalties including up to 50 years in a federal prison. She set bond at $50,000, 10%, and appointed Balsiger as counsel. Preliminary hearing is set Sept. 26. It was noted that Bliss also has felony charges pending in Stanton County District Court on allegations of possession of methamphetamine, where bond is set at $5,000, 10%.

Mitchell B. Heine, 25, of Fordyce appeared with his attorney Ryan J. Stover of Norfolk, for arraignment on three Class 3 felony counts of possession of controlled substances. He allegedly possessed cocaine, amphetamine and hydrocodone while a passenger in a vehicle pulled over May 24 for expired tags, near the junction of highways 14 and 20. The case is continued to Oct. 16. Bond posted May 28, in the amount of $10,000, 10%, amended to allow travel to Ohio for work, is continued as well. An extradition waiver is on file. He was advised the penalty for conviction of a Class 3 felony includes a fine and/or up to two years imprisonment.

Garrett A. Fleischman, 26, of Oakland pleaded guilty, per terms of a plea bargain, to Count I, amended to attempted third-degree assault, and Count III, criminal mischief, both committed June 29 in Clearwater, involving actions toward his estranged spouse. In exchange, Abler dismissed a disturbing the peace charge, as well as counts of reckless driving and speeding, 21-35 mph over the limit, alleged June 30. Abler also agreed to make no recommendation regarding sentencing, provided restitution of $425 be made for the apartment door he damaged. Sentencing is set for Oct. 2. Bond posted July 1, in the amount of $4,000, 10%, and an Aug. 28 $1,500 personal recognizance bond posted when he was arrested for failure to appear, are continued.

As the hearing concluded, Abler reminded Taylor that the defendant had never been arraigned, nor a pretrial hearing held (due to Fleischman’s failure to appear on Aug. 7, and a subsequent continuance). “Just a housecleaning matter,” he said. The judge proceeded to arraignment protocol. “We don’t have a very clean house right now,” she said.

Rogelio R. Geronimo, 28, of Royal appeared with attorney, Joel Carlson of Norfolk, for arraignment on two counts, Count I, driving under the influence of alcohol, first offense, a Class W misdemeanor, and Count II, no operator’s license, a Class 3 misdemeanor, both alleged July 21. Geronimo was informed of his rights and possible penalties if found guilty, was read the charges against him and answered questions through a Spanish-speaking interpreter, by speaker phone. He entered pleas of not guilty and requested jury trial. Pretrial hearing is set Oct. 16. Bond posted July 21, in the amount of $1,500, 10%, is continued as well.

Donneceia D. McFarland, 33, of Oakdale faced Taylor on two counts alleged May 1, Count I, drive under suspension, a Class 3 misdemeanor, and Count II, failure to us child passenger restraint, an infraction. She requested a continuance to get her license reinstated, which was granted. McFarland failed to appear Aug. 7 and Aug. 12, and a warrant was subsequently issued for her arrest Aug. 21, with bond set at $2,000, 10% cash, in addition to the original bond posted May 1, in the amount of $1,500, 10%. The defendant said her license was suspended due to owing a fine in Madison County. She said she had since paid the fine, but still owed costs. She also claimed she asked for continuance while on vacation in Chicago, then had no ride or phone when she returned. The case is continued until Sept. 26 and the arrest warrant was withdrawn. “If you fail to appear, we will reinstate the arrest warrant,” the judge said. “Come back prepared…and get this case finally done with.”

Andrew L. Dredge, 33, of Neligh was arraigned on a Class 2 misdemeanor count of no insurance. He pleaded not guilty and requested a jury trial. The case is continued to Oct. 16 for a pretrial hearing.

Janae Descharme, 26, of Carroll faced Taylor for arraignment on three Class 2 misdemeanor bad check counts alleged in March, April and May. A warrant was issued July 12 on the first two counts, with bond set at $3,000, 10% cash. Descharme posted bond Aug. 28. Abler amended the complaint Sept. 6, adding a third count. Abler offered a plea bargain. Provided the defendant pays restitution for all three checks, he agreed to dismiss two of the three counts. The case is continued until Oct. 16.

Denise L. Ramirez, 41, of Royal pleaded guilty by waiver to possession of an open alcohol container committed July 21 near the intersection of 520 Avenue and 859 Road. She was fined $50 and $49 costs for the infraction.

Kasey Swyear, 28, of Neligh failed to appear on six counts of issuing no-account checks, all Class 2 misdemeanors allegedly written to Cubby’s in Neligh, between July 13 and July 19. Taylor ruled Abler may file a motion for an arrest warrant.