Two men sentenced to 10 years in state penal complex

Budd D. Sholes, 40, of Norfolk was sentenced last week in Holt County district court for December 2018 and January 2019 crimes committed in Holt County.

The Honorable Mark Kozicek ordered Sholes to serve four terms in a facility under jurisdiction of the Nebraska Department of Correctional Services. If he loses none of his good time, Sholes must serve 15 months, less five days credited for time served in the county jail, before becoming eligible for parole, and 60 months (five years), less five days, before mandatory release.

Sholes pleaded guilty and was convicted of four counts Nov. 4, 2019, pursuant to a plea agreement. In return Holt County attorney Brent Kelly dismissed a felony burglary count and agreed to file no other charges as a result of a search warrant served Feb. 8, 2019, or any further information gathered as a result of interviews with an O’Neill police officer, except for possible financial transaction crimes. Items stolen from Country Lane Retirement Home in O’Neill, Agriliance Agronomy Center near Ewing and an O’Neill residence were recovered during execution of the search warrant at Sholes’ O’Neill residence. Other suspected stolen items were photographed but left at the residence due to no report of their theft.

According to Kozicek, Sholes’ “substance abuse problems are well chronicled by his prior criminal history.” He started in juvenile court and has been charged three times, as an adult, with felonies. The judge noted he continued to use illegal chemical substances and has been to treatment several times. He participated in the problem-solving court and graduated. Within a few months after graduation, according to Kozisek, he was again using and committing additional criminal acts.

“He was caught and has again gone through treatment,” the judge said. “Treatment is not the get-out-of-jail-free card. He should not expect the court to look the other way. His transgression goes beyond the harm he causes himself.”

Sentences include: two to four months on Count II, theft by unlawful taking, a Class 2 misdemeanor; 30 months to 10 years on Count III, burglary, a Class 2A felony; four to eight months on Count IV, theft by unlawful taking, a Cass 1 misdemeanor; and two to four months on Count V. theft by receiving stolen property, a Class 2 misdemeanor. The terms are to be served concurrently.

He was also ordered to pay $147 costs of prosecution. He was remanded to the custody of Holt County sheriff Ben Marchett, to be transported to the Nebraska Penal and Correctional Complex at Lincoln. Sholes was represented by Holt County public defender Rod Smith of O’Neill.

Kozicek sentenced another man who was arrested after he traveled to O’Neill for treatment at Valley Hope.

The judge sentenced Irvin C. Martinez, 31, of Columbus for crimes committed in November 2018, including four that resulted in imprisonment. Martinez was convicted Dec. 9, 2019, after reaching a plea deal with Kelly. He pleaded guilty to five counts, Count I, possession of a controlled substance, with intent to deliver (methamphetamine), a Class 1D felony; Count II, possession of a controlled substance with intent to deliver (marijuana), a Class 2A felony; counts III and IV, possession of controlled substances (alprazolam and THC edibles), Class 4 felonies; and Count VI, possession of drug paraphernalia, an infraction. In return, Kelly dismissed Count V, a Class 4 felony, no drug stamp tax. There was no sentencing recommendation.

Martinez was sentenced to three to 10 years on Count I; five to eight years on Count II; one to two years on each Count III and Count IV; a $100 fine on Count VI; and $147 costs. The prison sentences are ordered concurrently, with credit for 51 days served previously in the county jail. If he loses none of his good time, Martinez must serve three years less 51 days before becoming eligible for parole; and five years, less 51 days, before his mandatory release date. He was remanded to the sheriff’s custody for transport to the Lincoln penal complex.

Martinez was arrested after O’Neill police officer observed him “nodding off” inside a running vehicle parked next an O’Neill business. According to the probable-cause affidavit filed in the case, the officer investigated further after the vehicle remained at the location after the business closed. The officer learned Martinez had a recent arrest in Omaha and a subsequent court order to submit to Valley Hope in O’Neill the previous day. As he exited the vehicle, a pair of tweezers fell onto the ground. Martinez was disoriented, fumbled for documents, confused about the vehicle he had operated, and the officer observed larger than normal pupils. He also removed a bottle of urine from his pants, according to the probable cause affidavit filed in the case.

Martinez was represented by Smith.

Jacob F. Dickau. 24, of O’Neill was sentenced to a one-year term of probation for a conviction of a reduced charge of third-degree sexual assault, committed Nov. 26, 2018, in O’Neill. He was ordered to comply with all provisions of the Nebraska Sex Offender Registration Act; pay $224.46 costs of prosecution; probation fees totaling $330. Probation terms also included an order to obtain, at his own expense, an assessment for adults who sexually harm, withing 45 days.

The Class 1 misdemeanor charge was reduced from felony sexual assault per terms of a plea deal reached with Kelly. In return for Dickau’s no contest plea, Kelly also dismissed a felony burglary count. There was no recommendation in regard to sentencing. Dickau was represented by Smith.

Conrad A, Lurz, 19, of Ellington, Missouri, formerly of O’Neill, faced Kozisek for sentencing on five counts. His sentence includes 60 days in the county jail, with credit for one day previously served, and a two-year revocation of his driver’s license on Count I, driving during revocation, fourth/subsequent offense, a Class 1 misdemeanor; a $300 fine on Count II, possession of marijuana, one ounce or less, an infraction; a $100 fine on Count III, possession of drug paraphernalia, an infraction; a $25 fine on Count IV, speeding 6-10 miles per hour over the limit, an infraction; 60 days in jail on Count V, possession of a controlled substance (meth), a Class 4 felony; and $137 costs of prosecution.

Lurz pleaded guilty to all five counts, as well as two counts in a Holt County court case. In return, Kelly dismissed a third count in county court.

According to a probable-cause affidavit filed in the case, Lurz was placed under arrest by a Nebraska State Patrol trooper Sept. 24, 2018, after he drove through the weigh-station drive near highways 275 and 20. Lurz has previous driving under suspension convictions in Holt, Cherry, Boyd, Brown, Wheeler, Madison and Douglas counties, starting in 2011.

Lurz was remanded to the Matchett’s custody. He was represented by Smith.