Defendants fined in Antelope County court

The Honorable Donna Taylor sentenced several defendants when she presided over Antelope County Court Wednesday, Nov. 6.

Falisha A. Dewey, 31, of Afton, Missouri, appeared for arraignment on a Class 1 misdemeanor charge of third-degree assault, related to an incident at the Riverside Park campground in Neligh on July 31. Dewey, represented by Patrick Carney, Antelope County public defender, pleaded no contest to a charge of third-degree assault, fight by mutual consent, reduced pursuant to terms of a plea agreement with Joe Abler, Antelope County Attorney. Abler also agreed to recommend a fine only. The prosecutor said, had the case gone to trial, he would have provided evidence of an argument between Dewey and her sister, including video recorded by the women’s mother, Rebecca Dewey, that “clearly shows” a verbal argument, Dewey pulling her sister’s hair and punches being thrown, a “family scuffle that went wrong.” Taylor fined Dewey $250 and $50 costs.

Curtis D. Beckmann, 34, of Bloomfield, accompanied by his attorney, Frederick Bartell of Norfolk, faced Taylor on two counts, a Class W count of driving under the influence of alcohol, second offense, and operating an unregistered vehicle, a Class 3 misdemeanor. He pleaded guilty to a reduced count, DUI, first offense, per terms of a plea agreement, still a Class W misdemeanor. In return, Abler dismissed the second count. Taylor sentenced Beckmann to one-year probation, including a $500 fine, costs and fees totaling $505, with credit for $160 paid for an alcohol evaluation, and revoked his driver’s license for 60 days. Beckmann had already obtained an ignition interlock device and permit. In addition, he was ordered to attend one AA meeting a week throughout probation and 90 days on the continuous alcohol monitoring program, 30 days immediately, and the balance at the discretion of his probation officer.

Kasey Swyear, 27, of Neligh faced the judge in three cases. He requested the first case, that included five counts of writing bad checks in July, to proceed. Abler told Taylor restitution had been paid and dismissed Counts III, IV and V. Swyear pleaded guilty to the remaining two counts, telling Taylor he had grabbed an old checkbook, for a closed account, from his pickup and had written checks in several counties. He was sentenced $100 on each count and $52 costs.

Arraignment in the other two cases is set Nov. 27, continued for the second time to allow him to retain counsel. 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; and 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, both alleged Sept. 23.

Tyler J. Masat, 20, of Brunswick pleaded guilty to a count of minor in possession of alcohol committed Sept. 29. Taylor sentenced Masat to a $300 fine and $50 costs.

Michael Gustman, 74, of Plainview pleaded no contest to violation of a stop/yield sign. In answer to a question from Taylor, Gustman indicated the citation was related to an accident and his insurance carrier is covering costs incurred by the other party. Taylor adjudged him guilty and fined him $75 and $49 costs.

Carter Chinell, 31, of Tilden pleaded guilty by waiver to violation of a Nebraska game regulation, failure to tag a deer, permit purchased after harvest, a Class 2 misdemeanor committed near Tilden on Oct. 8. He was fined $100 and $49 costs.

Donald Breaker of Oakdale appeared without counsel on four violations of Oakdale village dog ordinances, Count I, dog running at large; Count II, dangerous or potentially dangerous dog; Count III, unlicensed dog; and Count IV, dog with no rabies vaccination. Breaker pleaded guilty to all four infraction counts, telling Taylor the pit bull-cross dog belonged to his 17-year-old daughter and he didn’t feel it was his responsibility to have it vaccinated.

Taylor fined him $500 on Count II, $100 on Count IV and $25 each on counts I and III, along with $50 costs. She suspended the fines until Dec. 4. If he provides proof the dog has been removed from the village by then, he will be given credit for $600. The village was represented by Luke Henderson of Norfolk.

Joseph Travisano, of Oakdale was arraigned on two Oakdale village public nuisance ordinance violations, on May 28 and Oct. 14. Henderson said both counts were for the same property. Travisano pleaded guilty to both, telling the judge he owned the property and there was junk and trash. He said he allowed a couple to live in a trailer on the property, also owned by the defendant, in exchange for their cleaning up the property. He said he now lives in Tilden and does not have a car, so had not seen if progress had been made.

Henderson entered photos of the property as evidence and asked for a significant fine, indicating the issue dated back to 2016 and the defendant had been given multiple chance to clear the property. Taylor continued sentencing to Dec. 4.

“People are starting to take advantage of you, tell the Boutwells if they want to continue to live there without paying rent, they have to get it cleaned or you will throw them off,” Taylor told the defendant. “It’s embarrassing for you and…a huge expense.”

Richard Peters of Oakdale failed to appear on an Oakdale village violation. Taylor advised Henderson to issue a citation demanding a court appearance or file a motion for a warrant.

Jennifer Hines of Neligh appeared without counsel on a Neligh city public nuisance violation. Hines pleaded no contest. On behalf of the city, James McNally presented photos, showing unlicensed vehicles and weeds he said were taller than 12 inches, on the property located south of Casey’s General Store. He said it was the second complaint filed for the same situation. Hines testified the vehicles had been sold and removed from the property and she just had a little weeding left to do next to the house, which she planned to do the following weekend. Taylor continued sentencing to Dec. 4.

Jeremy Jones, 29, of Neligh appeared for arraignment on three counts alleged in Neligh on Oct. 22, Count I, third-degree assault, a Class 1 misdemeanor; Count II, criminal mischief, more than $1,500, also a Class 1 misdemeanor; and Count III, theft by unlawful taking, less than $500, a Class 2 misdemeanor. Jones requested court-appointed counsel. Taylor appointed Carney. Jones asked to be heard on bond, which was set at $10,000, 10%, and included a no-contact order with his father, either direct or indirect. The defendant asked for PR or a lower surety bond.

“If I were to amend bond, I would raise it,” Taylor said after reviewing his file. “You have an attorney and can discuss it.”

Arraignment is continued to Nov. 20. Jones was remanded to Moore’s custody pending posting of bond, which he did later in the day.

Addison S. Woodard Junior, 46, of Elgin faced Taylor for arraignment on a Class 1 misdemeanor count of third-degree domestic assault, alleged Oct. 20 in Clearwater. He requested court-appointed counsel. Taylor appointed Martin Klein of Neligh and set further arraignment Nov. 20. Bond in the amount of $4,000, 10%, is continued, with conditions including no contact with Sarah Woodard.

Thomas R. Miller, 50, of Petersburg, appeared for further 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. He had been granted a continuance Oct. 16, to allow time to hire counsel. He again asked for continuance, telling the judge he hadn’t found time to contact an attorney, due to things being crazy with his work. Taylor continued arraignment to Nov. 20, telling Miller to be prepared to move forward.

Andrew C. Schumacher, 40, of Columbus faced Taylor with his attorney, Ron Temple of Norfolk, for arraignment on a count of driving under the influence of alcohol, second offense, alleged Sept. 5. Schumacher pleaded not guilty and requested jury trial. Pretrial is set Dec. 4. Bond in the amount of $3,000, 10%, is continued.

Alisa S. Ganz, 28, of Norfolk pleaded not guilty and requested a jury trial 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. Pretrial is set Nov. 20. She is represented by Brad Montag of Norfolk.

Jessica L. Hassett, incarcerated at the Antelope County Law Enforcement Center for Thurston County, faced Taylor for a pretrial hearing on a charge of false reporting, a Class 1 misdemeanor alleged after an accident in Orchard Sept. 29. Her court-appointed attorney, Jeff Doerr of Neligh, asked for continuance until after completion of a 30-45-day drug and alcohol treatment program scheduled to commence Nov. 12 at Sunrise Place in Norfolk. Taylor continued pretrial to Jan. 15, 2020. PR bond in the amount of $3,000, is continued.

Douglas D. Carpenter, 43, of Neligh was granted a continuance of his pretrial hearing due to a schedule conflict for his attorney, Ryon Stover of Norfolk.

Carpenter faces three counts, Count I, stalking, a Class 1 misdemeanor; Count II, disturbing the peace, a Class 3 misdemeanor; and Count III, resisting arrest, a Class 1 misdemeanor. Pretrial hearing is continued to Nov. 27. Bond is continued in the amount of $10,000, 10%, with terms including no contact with the alleged victim and GPS monitoring.

David C. Ames, 26, of Creighton faced Taylor, for pretrial hearing on a charge of DUI, second offense, alleged June 6 in Orchard. He pleaded not guilty. He is represented by Temple, who said an agreement is pending and requested continuance until Dec. 4. Taylor so ordered. Bond in the amount of $3,000, 10%, is continued.

Zachary S. Coon, 37, of Neligh faced Taylor for pretrial hearing on a Class 3 misdemeanor charge of disturbing the peace, alleged Aug. 30. Coon is represented by Carney, who requested additional time to complete a plea agreement. Taylor continued the case to Dec. 4.

Two individuals, Stacy Kaup, 40, of Bancroft and Luke Swanson, 40, of Newman Grove, were each granted waivers of 30-days jail terms set to begin Dec. 1, as part of 2018 probation sentences.