Antelope County Commissioner's court appearance delayed

The Honorable Donna Taylor handed down six sentences, bound two felony cases over to district court and scheduled a jury trial last Thursday morning, Sept. 26.

Eli Jacob, 66, of Clearwater was scheduled for pretrial hearing on a count of theft by unlawful taking, alleged from Antelope County in January. A motion for continuance to Oct. 16 was filed by the defense Sept. 23, “for the reason that the defendant’s wife has a medical appointment.” Jacob is represented by Jason Doele of Norfolk.

Joey Crooker, 37, incarcerated in the Antelope County Jail, faced Taylor on a felony count of first-degree sexual assault, alleged June 29 at a Grove Lake campground. Crooker waived his right to a preliminary hearing and was bound over to Antelope County District Court, where arraignment is set at 9 a.m. Oct. 30.

Crooker is represented by Patrick Carney of Norfolk, public defender, who asked for further reduction of bond. Carney said his client was not a flight risk and doesn’t present a threat to the community, suggesting bond of $40,000 or $50,000. Joe Abler, county prosecutor, said he had the same objection he voiced Sept. 9, when he cited the seriousness of the charge and Crooker’s history and status as a registered sex offender. Taylor denied further reduction of bond, saying the defendant’s record may be old but is significant. Bond was reduced, Sept. 9, to $75,000, 10%. He was remanded to the custody of the Antelope County sheriff.

Kristen R. Bliss, 23, incarcerated at ACJ, waived her right to preliminary hearing as well and was bound over to district court, where she will face arraignment at 9 a.m. Oct. 30. She is charged with a felony count of possession of oxycodone, with intent to deliver or distribute, alleged July 27. Bond of $50,000, 10%, is continued. Bliss, who is represented by Carney, faces up to 50 years in a federal prison if convicted of the Class 2 felony.

Kei'Dron T. King, 32, of Wayne appeared for a preliminary hearing 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. A plea agreement had been reached. King pleaded no contest to an amended Count I, possession of marijuana over one ounce, less than one pound, a Class 3 misdemeanor, and Abler dismissed Count II.

Abler told the court, if the case had gone to trial, he would have presented evidence that numerous prepackaged containers of marijuana, clearly labeled for dispensing, with a dry weight of 448 grams, were found in a search of King’s vehicle by Nebraska State Patrol officer, Tyler Mann, after King gave consent for the search. Abler told the court of a lengthy criminal history in Louisiana between 2004 and 2012, but none during the four years he has resided in Nebraska, other than a pending assault case in Madison County. He recommended a 90-day jail sentence.

Carney advised King has four children and hopes to return to his job at Great Dane Trailers to provide for them. He said times are changing and the charge will be viewed differently in the future. He requested a sentence of time served or “something less than 90 days.”

Taylor sentenced King to 90 days, with credit for 43 days served, a $500 fine and $52 costs and exonerated bond. He was remanded to the custody of the sheriff. Commenting on the plea bargain, she said, “Your attorney did a good job for you.”

Juan P. Valadez, 26, of Clearwater pleaded guilty to reckless driving, a Class 3 misdemeanor committed May 3. The charge was reduced from first offense driving under the influence of alcohol, a Class W misdemeanor, per terms of a plea agreement that included a joint recommendation for a “DUI type” probation sentence. Abler told the court Valadez had been pulled over after he spun out, accelerated and continued speeding. He said Valadez had no criminal history.

Taylor questioned Valadez, “You told the officer you had been arrested for drunk driving in California, when did you live there?” Valadez said four or five years ago. She also questioned the status of his driver’s license. He said he didn’t have one.

The judge asked Abler his reason for offering a plea agreement. The prosecutor said it was an “opportunity for Mr. Valadez not to lose his job,” and that he was a first-time offender.

Taylor ordered an eight-month term of probation, including 90 days on the Continuous Alcohol Monitoring Program, 30 days immediately and 60 at the discretion of probation officer; a $350 fine and $385 costs and fees. “You don’t have a license,” she said. “You can’t drive, it’s against the law.”

Peyton L. Clifton, 20, of Orchard was sentenced to a $500 fine and $50 costs, after she pleaded guilty to a Class 1 misdemeanor count of procuring alcohol. She testified she failed to card an individual and was cited during a Nebraska State Patrol compliance check Aug. 17 at Summerland Golf Course.

Donneceia D. McFarland, 33, of Oakdale faced Taylor on two counts committed May 1, Count I, drive under suspension, a Class 3 misdemeanor, and Count II, failure to us child passenger restraint, an infraction. Her license had been reinstated. However, she did not have possession of an actual license, stating she was waiting to see what she owed for court costs. Taylor fined her $100 on Count I and $25 on Count II, along with $104.90 costs, and warned her not to drive unless she had the license on her person. Bond was exonerated.

Charles B. Timmer,76, of Hoskins pleaded no contest to driving a vehicle with no proof of insurance, a Class 2 misdemeanor committed Aug. 16. He provided proof the vehicle is now insured and said he knew it wasn’t insured, but when his normal vehicle needed repairs, he thought he would get by driving the van just one time. Taylor fined him $100 and $50 costs and told him the Nebraska Department of Motor Vehicles would suspend his license the following day, advising him to provide proof of financial responsibility immediately to have it reinstated. “You know what your luck is now,” she said.

Taylor set a jury trial for 9 a.m. Oct. 31 for Anthony J. Schindler, 40, of Neligh. Schindler is charged with four counts alleged June 29 in Clearwater, Count I, obstruct a peace officer, a Class 1 misdemeanor; Count II, false reporting, also a Class 1 misdemeanor; Count III, failure to obey lawful order, a Class 3 misdemeanor; and Count IV, possession of open alcohol container, an infraction. Schindler is represented by Carney.

Carney requested continuance for his client, Kael R. Prince, who was transported to court from the Platte County Jail. Carney told the court a pending felony case in Platte County may affect the Antelope County case. Pretrial hearing on a Class I misdemeanor count of obstructing a police officers and three infractions, possession of marijuana, possession of drug paraphernalia and speeding, is continued to Nov. 6. He pleaded not guilty to all four counts, alleged in April, on June 12 and requested a jury trial. Bond remains at $4,000, 10%. Prince was remanded to the custody of Moore for transport back to Platte County.

Marcos V. Dos Santos Spohr, 31, of Bartlett appeared with his attorney, Ron Temple of Norfolk, for a pretrial hearing on charges of DUI and driving left of center, alleged June 9. A plea agreement was reached. Alber amended Count I to reckless driving, a Class 3 misdemeanor, and dismissed Count II. Dos Santos Spohr changed his plea to guilty. Sentencing is set Nov. 6. Bond, in the amount of $1,500, 10%, is continued.

Kasey A. Swyear, 28, of Neligh faced Taylor for arraignment in three cases. Swyear failed to appear Sept. 9 in the first case that includes six no-account checks. Taylor signed a warrant for his arrest Sept. 16, which was served the following day. Swyear posted bond in the amount of $3,000, 10%.

The second case includes three counts alleged Aug. 24, Count I, operating a vehicle without an ignition interlock device as ordered, a Class 1 misdemeanor; Count II, careless driving, an infraction; and speeding, 16-20 miles per hour over the limit, also an infraction.

The third case includes two counts, Count I, operating a vehicle without an ignition interlock device as ordered; and Count II, fictitious plates, a Class 3 misdemeanor.

Swyear requested continuance in two of the cases in order to hire an attorney, and asked to take care of the first case that day. The checks, allegedly written to Cubbys in Neligh between July 13 and July 19, totaled $282.02. Swyear said he had grabbed an old checkbook by mistake. Taylor advised he could take care of restitution prior to his next court appearance and continued all three cases to Nov. 6. Bond is continued.

Andrew Schumacher, 40, of Columbus appeared for arraignment on a charge of DUI, second offense, alleged Sept. 5. He was granted a continuance in order to hire an attorney. The case is continued to Oct. 16. Bond in the amount of $3,000, 10%, is continued.

David C. Ames, 26, of Creighton appeared with Temple for a pretrial hearing on a charge of DUI, second offense, alleged June 6 in Orchard. Temple said an offer had been made by Abler, with a possible counteroffer under consideration. The hearing is continued to Oct. 16. Bond in the amount of $3,000, 10%, is continued.

Shawn M. Stenka, 36, of Ewing did not appear for a pretrial hearing on a charge of DUI alleged July 11 in Neligh. Carney filed a request for continuance. The case is continued to Oct. 2, including bond in the amount of $1,500,10%. Stenka pleaded not guilty Aug. 21 and requested a jury trial.

Joshua C. Turner, 35, of Julesburg, Colorado, was sentenced by Taylor the previous week, on Sept. 18, to a $500 fine and $50 costs after he pleaded guilty to a reduced charge, possession of marijuana, between one ounce and one pound, a Class 3 misdemeanor. Turner was originally charged with a felony, possession of more than one pound of marijuana. He was cited Aug. 10, when a Nebraska State Patrol officer recorded the weight at 18.3 ounces.

Steven E. Christensen, 62, of Neligh pleaded guilty by waiver and was fined $100 and $49 costs for a Class 3 misdemeanor, driving a commercial motor vehicle without a CDL. He was cited by an NSP carrier enforcement officer Aug. 8 on the south edge of Neligh.

Daryl G. Johnson, 73, of Columbus pleaded guilty by waiver and was fined $50 and $49 costs for possession of an open alcohol container, a Class 3 misdemeanor committed Sept. 5.