Driver in Orchard accident sentenced to time already served

Jesse J. White, 27, of Creighton faced the Honorable Donna Taylor last Wednesday, Oct. 16.

Originally charged with a felony count of leaving the scene of a personal injury accident, White was scheduled for a preliminary hearing. However, after a review of the charge revealed the statute cited had been removed from state law, Antelope County Attorney Joe Abler amended the complaint, charging White with two misdemeanor counts, false reporting, a Class 1 misdemeanor; and leaving the scene of a property-damage accident, a Class 2 misdemeanor. White entered not guilty pleas to both counts and again asked for amendment of bond to personal recognizance.

Taylor denied amendment of bond and remanded the defendant to the custody of Antelope County Sheriff Bob Moore.

After further review of the case, a plea agreement was reached, in which White changed both pleas to guilty in exchange for Abler recommending a sentence of the time White had already served.

Taylor sentenced him to concurrent 16-day terms in the Antelope County Jail and gave him credit for 17 days previously served. The extra day served was credited toward costs. The case stemmed from a one-vehicle accident reported in Orchard on Sept. 29. He was represented by Patrick Carney of Norfolk.

A second defendant allegedly involved in the accident, Jessica L. Hassett, 38, Madison, faced Taylor for further arraignment on a Class 1 misdemeanor count of false reporting. On her behalf, Hassett’s court-appointed attorney, Jeff Doerr of Neligh, requested amendment of bond to personal recognizance, citing his client’s completion of a drug and alcohol evaluation and her intention to obtain treatment when a bed opened up at one of two specific locations.

Abler said a warrant issued in Thurston County for a probation violation will be put on hold. Taylor amended bond to PR, with conditions the defendant reside with her mother in Madison, where her three children are staying. She was further ordered to be at the Madison address between 8 p.m. and 6 a.m. daily and to accept treatment when available.

“If you decline, bond will be revoked,” Taylor said. Hassett was remanded to Moore’s custody, pending release on PR bond.

Anthony J. Schindler, 40, of Neligh, who was scheduled for an Oct. 31 jury trial, entered no contest pleas to a pair of charges after reaching a plea agreement in Antelope County Court last Wednesday.

Schindler was originally charged with four counts: 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. As a result of the agreement with Abler, counts I and II were dismissed. Abler testified, that had the case gone to trial, a Nebraska State Patrol trooper would have been called to testify that Schindler and a companion were seen near 2nd and Main streets in Clearwater on June 29, walking away from officers. When instructed to return, the defendant continued to walk away, “chugged” a beverage and tossed the can.

Taylor found Schindler guilty and sentenced him to fines of $100 and $300, respectively on counts III and IV, and costs of $68.61. The judge told the defendant if he would have complied with the officer’s instructions, he may not have been charged at all. Schindler was represented by Carney. Bond was exonerated.

Rogelio R. Geronimo, 28, of Royal appeared with attorney, Joel Carlson of Norfolk, for a pretrial hearing on two counts, Count I, driving under the influence of alcohol, first offense, a Class W misdemeanor committed July 21, and Count II, no operator’s license, a Class 3 misdemeanor. Through an interpreter on speaker phone, Geronimo changed his plea to guilty on Count I, per terms of a plea agreement. In return, Abler dismissed Count II and agreed not to object to a sentence of probation. Taylor sentenced Geronimo to six months’ probation, a $500 fine and $270 in costs and fees and revoked his driver’s license/ability to obtain one for 60 days. He was given credit for $190 paid for an alcohol evaluation. Bond was exonerated.

Alexander J. Fitzgerald, 29, of Neligh waived his right to a preliminary hearing and was bound over to Antelope County district court, on two felony counts, Count I, use of a deadly weapon to commit a felony, and Count II, second-degree assault, both alleged Aug. 22 in Tilden.

District court arraignment is set for Oct. 30. Bond, in the amount of $25,000, 10%, is continued, with an order for no contact with Cody Romej, directly or indirectly. Fitzgerald faces a possible penalty of up to 50 years in prison on Count I and up to 20 years on Count II. He is represented by Carney.

Twila Guggenmos, 59, of Oakdale appeared before Taylor regarding a motion to suppress in a DUI case. Per terms of a plea agreement, the motion was dropped and Guggenmos pleaded guilty to an amended charge of reckless driving, a Class 3 misdemeanor. When asked about circumstances related to reckless driving, Guggenmos told Taylor, “On April 15 I left the hospital, I take tramadol, was having trouble breathing so I drove to the hospital and drove home while on that medication.”

According to a probable cause affidavit filed in the case, a call was received at the Antelope County Law Enforcement Center on April 22, from personnel at Antelope Memorial Hospital, alleging the defendant was intoxicated, refused to wait for a ride and left the hospital driving a vehicle. She was subsequently interviewed and failed field sobriety tests at her residence.

Abler testified one of the officers involved in the investigation, who is currently in basic training, if subpoenaed to court, would have to start the training over.

“I am not inclined to sentence today, also not inclined to order fine only. If Ms. Guggenmos doesn’t want to spend time in jail, she needs to get an alcohol evaluation,” Taylor said before she scheduled sentencing for Nov. 6. Bond in the amount of $1,500, 10% cash, is continued. She is represented by Carney.

Shawn M. Stenka, 36, of Ewing faced Taylor for a pretrial hearing on a charge of DUI, a Class W misdemeanor committed July 11 in Neligh. He changed his plea to guilty, per terms of a plea agreement. In exchange, Abler agreed to file no additional charges related to the incident and to recommend probation. On Stenka’s behalf, Carney requested a discharge summary from a recent 10-day “refresher” alcohol treatment session be used in lieu of an alcohol evaluation. Taylor agreed. Sentencing is set Nov. 20. $1,500, 10%, bond is continued as well.

Rochelle A. Dixon, 73, of Clearwater faced Taylor for arraignment on three counts committed July 8 near Clearwater, Count I, DUI, first offense, a Class W misdemeanor; Count II, driving left of center, an infraction; and Count III, speeding, 16-20 miles per hour over the limit, also an infraction. Dixon, represented by Frederick Bartell of Norfolk, reached a plea agreement with Abler. Abler amended Count I to reckless driving, a Class 3 misdemeanor, and Dixon pleaded guilty to all three counts. The judge ordered an alcohol evaluation and set sentencing for Nov. 20.

Original charges, filed by Abler July 22, were withdrawn Aug. 21, with Taylor’s approval, to allow the defendant to travel internationally, and were refiled this month.

Zachary S. Coon, of Neligh faced Taylor for further arraignment on a Class 3 misdemeanor charge of disturbing the peace, alleged Aug. 30. Coon pleaded not guilty and requested a jury trial. Pretrial hearing is set Nov. 6. Coon is represented by Carney.

Colleen Murphey, 59, of Orchard affirmed a written not guilty plea and jury trial request previously filed on her behalf by her attorney, Rodney Smith of O’Neill. She faces two counts, DUI, a Class W misdemeanor, and reckless driving, a Class 3 misdemeanor. Pretrial is set for Nov. 6. Bond in the amount of $1,500, 10%, filed Aug. 29, is continued.

Taylor found Falisha Dewey, 31, of Afton Missouri, indigent and appointed Carney to represent her. Dewey faces a Class I misdemeanor charge of third-degree assault, alleged July 31 in Neligh. Arraignment is set for Nov. 6.

Janae Descharme, 26, of Carroll, appeared before Taylor on three Class 2 misdemeanor bad check counts. Terms of a plea agreement entered Sept. 9, included dismissal of two counts, provided the defendant pay restitution prior to her court appearance. When asked by Taylor if she was prepared to pay, she said yes. She did not have the cash on her, but agreed pay later in the week.

Alisa S. Ganz, 28, of Norfolk faced Taylor on two infractions, Count I, possession of marijuana, less than one ounce, first offense; and Count II, possession of drug paraphernalia, both alleged Aug. 31. She requested a continuance to hire an attorney. The case is continued to Nov. 6.

Thomas R. Miller, 50, of Petersburg, appeared for arraignment on three counts alleged Sept. 18, Count I, no proof of financial responsibility, a Class 2 misdemeanor; Count II, no proof of ownership, a Class 3 misdemeanor; and Count III, no valid registration, also a Class 3 misdemeanor. Miller requested continuance. Arraignment is continued to Nov. 6.

Kenneth L. Kallhoff, 61, of Neligh pleaded guilty by waiver to a Class 3 misdemeanor count of no valid registration and a Class 4 misdemeanor violation of farm registration use (farm plates, hauling gravel for county road). He was fined $200 and $100, respectively, and $49 costs.

Todd A. Diekmann, 45, of Lincoln pleaded guilty by waiver to a Class 5 misdemeanor count of misuse of public property/abandoned vehicle, at Grove Lake on May 1, and a warrant for his arrest, signed by Taylor Aug. 27, was recalled. He paid a fine of $25 and costs of $49. In a second case, Diekmann was cited July 22 for violation of the 14-day camping limit and disorderly conduct - intoxication, both Class 2 misdemeanors. He pleaded guilty by waiver to those offenses as well, and paid fines of $50, $50 and $49 costs. A warrant signed Aug. 27 was recalled as well.

Angel Sanchez, 24, of Columbus failed to appear for arraignment on a Class 2 misdemeanor count, issuing a no-account check, alleged Aug. 20, to Hi-Way Mart in Clearwater. Taylor ordered a warrant may be issued after affidavit and motion are filed.

A bench warrant was signed by Taylor for the arrest of Ryan Cussans, of O’Neill on a 2009 bad check allegation. Bond is set in the amount of $3,000, 10%.