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Ewing man sentenced to prison

A Ewing man was sentenced to three years in a facility under jurisdiction of the Nebraska Department of Corrections on Monday.

Tyler J. Napier, 21, was sentenced by the Honorable Mark Kozisek in the Holt County district court for three crimes committed in August 2018.

Kozisek sentenced Napier to serve 24 months, less 169 days credit for time previously served, on Count III, criminal attempt of terroristic threats, a Class IV felony; 12 months on Count VIII, third-degree domestic assault, a Class 1 misdemeanor, to be served consecutive to sentences imposed on Count III; and three months on Count IX, criminal mischief, a Class 3 misdemeanor, to be served concurrent to time imposed for Count VIII.

Among Kozisek’s findings for imprisonment: “Crime caused and threatened serious harm, weapons were involved; defendant brutally assaulted (victim) which required medical treatment; character and attitude indicate antisocial attributes, has shown very little respect for the law; defendant has not succeeded on probation in the past, he does not want to be considered for probation now, he did not cooperate with the presentence investigation and there is little likelihood he will respond affirmatively to probation; because of his attitude, he is in need of correctional treatment; and a sentence to probation will promote disrespect for law.”

Provided he loses none of his good time, Napier will serve 18 months, less 169 days, before his mandatory release. He was remanded to the custody of Holt County sheriff Ben Matchett.

Napier pleaded no contest Jan. 3 to the three counts pursuant to a plea agreement reached with Holt County prosecutor Brent Kelly. In return for Napier’s no contest pleas, Kelly reduced Count III from a Class 3A felony, terroristic threats, and dismissed nine counts - second-degree domestic assault, strangulation, terroristic threats, two counts of first-degree false imprisonment, third-degree domestic assault, criminal mischief and two counts of possession of drug paraphernalia. In addition, Kelly dismissed a motion to revoke bond and agreed to file no additional charges arising out of circumstances relative to defendant and victim in June and August 2018 and will not refile charges regarding another victim.

 

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