Judge Kube orders probation in July 2018 personal injury accident case

Danial C. Hohrein, 41, of Oakdale faced the Honorable James Kube for sentencing in the Antelope County District Court at Neligh last Wednesday, on a conviction of reckless driving.

Kube was informed that a pre-court urinalysis was positive for THC. When asked by the judge, Hohrein denied smoking marijuana, saying he had used a topical product containing cannabidiol oil, a product derived from marijuana blossoms, for his back.

Hohrein was convicted of the Class 3 misdemeanor July 31, after he pleaded no contest per terms of a plea agreement. In exchange, a felony count of leaving the scene of a personal injury accident, without rendering aid, was dismissed. He maintains, at the time of the accident in July 2018, he was unaware the victim had jumped onto the back of his pickup and subsequently fell off sustaining a head injury.

County prosecutor, Joe Abler, recommended revocation of Hohrein's driver's license, telling Kube the victim and his family had asked him to make the argument, while Hohrein's attorney Patrick Carney of Norfolk asked the judge to consider a 30-day jail sentence, saying Hohrein's actions were not deliberate.

Kube sentenced him to a 12-month term of probation, including 80 hours of community service, ordered an alcohol and drug evaluation, $658 costs and fees and 90 days in the county jail, with credit for 25 days previously served. He initially ordered 30 days be served immediately. However, the judge reconsidered after Hohrein responded, "If I go to jail now, I will lose my job." Kube ordered the entire balance of 65 days jail time may be served prior to the end of probation, subject to waiver.

Kube handed down several other sentences during court proceedings Wednesday.

Thomas E. Hildring, 42, incarcerated at Antelope County Jail, appeared, without counsel, for sentencing on a conviction of possession of a controlled substance, methamphetamine. Hildring had waived his rights to counsel and trial, pleading guilty to the Class 4 felony July 31.

Hildring, in answer to a question from Kube, said arresting officers had not told him he was being arrested on a South Dakota warrant, only telling him they had a phone call from a relative. He said he had since served a jail sentence in South Dakota and remains on probation there until February. Kube sentenced him to six months in the county jail, with credit for 153 days previously served, and $331.13 costs. "As a result of good time, you are done here," the judge said.

Brennon J. Coleman, 26, of Oakdale was sentenced by Kube to 90 days in the county jail for third-degree assault, a Class 1 misdemeanor, with credit given for 16 days previously served; 30 days in jail for disturbing the peace, a Class 3 misdemeanor; the sentences to be served consecutively; and $815.33 costs.

Coleman pleaded guilty to the Dec. 26, 2018, offenses July 31, per terms of a plea agreement. Four additional counts were dismissed, including a felony count of third-degree domestic assault, second offense; a misdemeanor count of criminal mischief; and two infractions, possession of marijuana and possession of drug paraphernalia. On Coleman's behalf, Carney had asked for a probation sentence or 30-60 days in jail. Coleman was remanded to the custody of Sheriff Bob Moore.

A McCook man was sentenced in two cases. Jeff J. Wilson, 42, who resided in Clearwater at the time offenses were committed in the first case, was sentenced to 18 months' probation on convictions of third-degree domestic assault, a Class 1 misdemeanor, and disturbing the peace, a Class 3 misdemeanor; $763 costs and fees; and 90 days in jail, with credit for 18 days served. The remaining 72 days are to be served prior to the end of probation, subject to waiver. The offenses were committed Jan. 27.

A felony count of strangulation was amended to disturbing the peace, per terms of a plea agreement with special prosecutor, Joseph Smith, when Wilson appeared before Kube in the Madison County courtroom June 4.

In the second case, Wilson pleaded guilty to a count of possession of a controlled substance, meth, a Class 4 felony, and was sentenced by Kube to 60 days in jail, with credit given for 28 days served; and costs of $137.

The charge resulted from a positive pre-court test March 27, when he appeared in Antelope County Court in the first case, and the subsequent discovery of a pipe with meth residue in his vehicle at the Antelope County Law Enforcement Center.

Wilson, who was represented by Carney, was remanded to Moore's custody.

Douglas D. Carpenter, 43, of Neligh faced Kube for a hearing on information to revoke probation. He was sentenced, in December 2018, to a one-year term of probation on an assault conviction. Violation of the terms of probation are alleged Sept. 1, when Carpenter was arrested in Neligh on charges of disturbing the peace and resisting arrest. A count of stalking was also filed in Antelope County Court. Kube continued the hearing to Oct. 30 to allow Carpenter time to consult his attorney. Kube reminded Carpenter that he remains on probation and must abide by all terms. "Keep your nose clean," the judge cautioned.

Ronald E. Frazier, 47, of Neligh appeared, with Carney, for a pretrial hearing on four counts alleged in March, Count I, terroristic threats, a Class 3A felony; Count II, third-degree assault, a Class 1 misdemeanor; Count III, resisting arrest, a Class 1 misdemeanor; and intimidation by phone/electronic communication, a Class 3 misdemeanor. Frazier pleaded guilty to counts II and III, per terms of a plea agreement. In return, Abler dismissed counts I and IV. Kube ordered a pre-sentence investigation and set sentencing for Nov. 27, with bond, in the amount of $10,000, 10%, 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 Oct. 30, with trial continued to Dec. 10. Bond of $40,000, 10%, is continued.

Gregory R. Everett, 37, of Creighton was also granted continuance of his pretrial hearing and jury trial, to Nov. 27 and Dec. 10, respectively, on two counts, Count I, possession of a controlled substance, meth, a Class 4 felony, and Count II, possession of drug paraphernalia, an infraction, both alleged July 16. Everett's pre-court drug test was negative. Bond of $10,000, 10%, is continued.