Oakdale man judged guilty of felony child abuse

Christofer N. Carstens, 21, of Oakdale was found guilty of felony child abuse last Wednesday when he appeared before the Honorable Mark Johnson in the Antelope County district court in Neligh.

A plea agreement was reached, resulting in Carstens pleading no contest to the crime in exchange for prosecutor, Joe Abler’s agreement to file no further charges in the case and to recommend no more than 20 years imprisonment at sentencing, which is set April 29. Johnson ordered a presentence investigation report.

Accused of injuring his infant daughter in May 2019, Carstens has been held at the Antelope County Jail since his arrest June 5, 2019.

According to Abler, had the case gone to trial, testimony would have shown fractures to the six-week-old baby’s ribs, clavicle, arm and skull were not of an accidental nature. Abler also said testimony would have indicated lasting effects from the “very serious injury.” The prosecutor said Carstens was the sole caregiver of the infant the night of May 24 and morning of May 25 when the injuries were sustained. Abler said, while trying to quiet the crying infant, Carstens had tossed her in the air, hitting her head on the bedroom ceiling, and had shaken her. He is represented by Antelope County public defender Patrick Carney of Norfolk.

Johnson sentenced Cody Randall, 30, of Elgin to serve 18 months in a facility under the jurisdiction of the Nebraska Department of Corrections for a 2018 crime of possessing methamphetamine. He was also assessed $142 costs of prosecution. Provided he loses no good time, Randall will be eligible for mandatory release in nine months, less 37 days previously served. The sentence was ordered consecutive to any other sentences he may be serving.

Randall failed to appear for sentencing in August 2018 and a warrant for his arrest was subsequently issued Sept. 13, 2018. The warrant was served at the Nebraska State Penitentiary on Jan. 29, this year, according to the warrant return filed by Antelope County sheriff Bob Moore. Randall was sentenced to the pen for two years on Douglas County felony convictions May 31, 2019. He was represented by Carney.

Gregory R. Everett, 38, of Smith Center, Kansas was fined $1,000 and $100, respectively, on a Class 1 misdemeanor, attempted possession of methamphetamine, and an infraction, possession of drug paraphernalia. Everett was taxed costs of $162. Everett requested time to pay fine and costs, indicating the person who bonded him out of jail wanted the bond money back.

“If you don’t pay by April 29, you will be sitting it out,” Johnson told him. “Assure yourself that is what will happen.” Everett was represented by Carney.

Travis Mace, 34, of Sioux City, Iowa, faced Johnson for resentencing on the original conviction, after his probation was revoked last month.

His court-appointed counsel, Martin Klein indicated restitution of $1,807 had been paid. Abler testified the defendant “basically did not engage in probation.”

“I learned my lesson, I have six kids out there, they lost trust in me” Mace told the judge. “They’re not happy with me.” When asked by Johnson, he said his children ranged from seven months to 21 years old.

He was sentenced to 245 days in the Antelope County Jail, with credit for 131 days served, and taxed $361.63 costs of prosecution. After figuring good time, Mace was given credit on his fine and costs for one extra day served, at the daily rate of $150. He asked for extra time to pay the balance. Johnson allowed two months, ordering him to appear to show cause if not paid.

“Pack your toothbrush if you do,” the judge said.

Mace was convicted of criminal attempt, theft by deception, a Class 1 misdemeanor, that had been reduced from a Class 4 felony, per terms of a plea agreement last year. He was sentenced to 18 months’ probation in February 2019. He was represented by Martin Klein of Neligh.

Roger D. Stuckwisch, 78, of Tilden faced Johnson for arraignment on 12 counts of sexual assault of a child, five first degree and seven third degree. The alleged crimes were committed between Jan. 1, 2005, and Dec. 31, 2016, involving seven victims under the age of 14, according to an amended complaint filed by Antelope County prosecutor Joe Abler on Feb. 5. Convictions would result in up to life in prison, with a mandatory minimum of 15-years, hard (no parole during first 15 years) on the first-degree sexual assault of a child charges and up to three years, $10,000 and 18 months post-release supervision on each of the third-degree charges. Stuckwisch entered not guilty pleas to all 12 counts. Pretrial hearing is set March 25 and a jury trial May 18. He was remanded to the custody of Antelope County sheriff Bob Moore. Bond is set at $5 million, 10% cash, which must be posted during open court. Bond conditions include no direct or indirect contact with victims or their families. He is represented by Carney.

Brennon J. Coleman, 36, of Neligh appeared for arraignment on two Class 3A felony counts, third-degree domestic assault, subsequent offense, and first-degree false imprisonment; and a Class 3 misdemeanor count of disturbing the peace. If convicted, Coleman faces up to three years incarceration and/or up to $10,000 fines for each felony count and three months and/or a $500 fine for the misdemeanor.

He pleaded not guilty to all three counts. Pretrial hearing is set March 25, with jury trial May 18. He was remanded to Moore’s custody. Bond, in the amount of $20,000, 10%, with a condition for no contact, direct or indirect, with the victim, is continued. He is represented by Carney.

Dennis J. Wilson, 28, of Tilden also appeared for arraignment, on a Class 4 felony charge of possessing a controlled substance, methamphetamine, alleged Nov. 15 in Oakdale. If convicted, Wilson faces a maximum sentence of two years and/or $10,000 fine. He is also set for pretrial March 25, with a jury trial May 18. Bond posted Nov. 19, in the amount of $2,500, 10%, is continued. He is represented by Carney.

Christopher M. Lopez, 33, of Petersburg appeared for a revocation of probation hearing. Lopez denied the allegation and the case was set for an evidentiary hearing March 25. He reminded Lopez he is still bound by terms of probation.

Lopez was sentenced to 18 months’ probation July 31, 2019, for convictions of two counts, third-degree domestic assault, amended per terms of a plea agreement, from a felony count of strangulation; and disturbing the peace, lowered from domestic assault, intentional injury to intimate partner. The motion for revocation alleges four Boone County felony charges committed against the same victim as the Antelope County convictions.

Boone County charges include first-degree assault, strangulation, terroristic threats, false imprisonment and an infraction count of possession of marijuana, all alleged Dec. 10. A jury trial is set May 12 in Boone County district court. Lopez was remanded to Moore’s custody, pending posting of bond. Antelope County bond was set at $1,000, 10%, and Boone County bond is $15,000, 10%. He is represented by Carney.

Matthew C. Waters, 34, a South Dakota man currently held in the Antelope County Jail, faced Johnson with his attorney, Timothy Noerrlinger of Lincoln, for pretrial hearing on two counts related to a multi-county pursuit that ended near Royal last November. Waters is charged with two Class 4 felonies, attempted assault on a law enforcement officer with a motor vehicle and operating a motor vehicle to avoid arrest, both alleged Nov. 18.

Noerrlinger requested continuance. He said a companion case was expected to be bound over to district court in Pierce County that afternoon and indicated intentions to resolve both cases. Johnson sustained the motion to continue and a motion to endorse witnesses filed by Abler. Pretrial is continued to April 29, with jury trial set May 19. Bond in the amount of $100,000, 10%, is continued as well. He was remanded Moore’s custody, pending posting of bond.

Waters faces 12 counts of attempted assault in the first degree, Class 3A felonies, in Pierce County. The charges involve allegations that he deliberately swerved into 12 oncoming vehicles during the Nov. 18 pursuit. He is scheduled for arraignment in Pierce County district court March 26. Bond in Pierce County is $250,000, 10%.

Jennifer Capps and Robert Wagle were both granted continuances of pretrial hearings on charges alleged Dec. 5, 2019, to April 29. Jury trials for both defendants were moved to the May 19 docket.

Wagle, 35, of Summerville, South Carolina, appeared on two charges, Count I, theft by unlawful taking, more than $5,000, a Class 2A felony that carries a maximum sentence of 20 years of incarceration; and Count II, operating a motor vehicle to avoid arrest, a Class 4 felony, that has a maximum sentence of two years in jail and/or a $10,000 fine. A count of first-degree false imprisonment was dismissed by Abler, without prejudice, in county court. He was remanded to the custody of Moore, pending posting of bond of $200,000, 10%. Wagle is represented by Carney.

Wagle also faces related charges in Pierce County district court, where he pleaded not guilty to four felony and four misdemeanor charges related to a pursuit that ensued after he allegedly eluded officials in Antelope County on Dec. 5. He is set for pretrial conference March 4, and jury trial April 21. Bond for the Wayne County charges is set at $750,000, 10%. Kathleen Jorgensen is his court-appointed counsel on the Wayne County allegations.

Capps, 37, appeared with her attorney, Klein, on three counts, Count I, theft by receiving stolen property, more than $5,000; and two Class 1 misdemeanors, false reporting and obstruction of a police officer. The felony charge has a maximum sentence of 20 years imprisonment, while the Class 1 misdemeanors carry maximums of one year and/or fines of $1,000. She was also remanded to Moore’s custody, pending posing bond in the amount of $25,000, 10%.

Kristen R. Bliss, 24, incarcerated at the Antelope County Law Enforcement Center on Stanton County charges, appeared to answer allegations she violated her Antelope County probation. She requested court-appointed counsel and Carney, who had represented her previously, was appointed. The case was continued to March 25. Bliss was sentenced to 18 months substance abuse supervised probation in December 2019. Allegations of violation were filed by her probation officer Jan. 27 and amended Feb. 3. The January document noted Bliss had absconded as of Jan. 24. She was arrested Jan. 30 in Stanton County on charges of felony possession of a controlled substance and felony tampering with evidence (aiding and abetting). Bliss also has pending possession charges in Pierce County district court, related to an accident in May 2019.

Timothy N. Grothe, 57, of Elgin appeared before Johnson, without counsel, for revocation of probation hearings in two 2018 cases. Grothe indicated he was in the process of retaining an attorney. Johnson continued the hearings to March 25 and reminded Grothe he remained on probation and is obligated to follow the terms included in the November 2018 order. Alleged violations include a positive alcohol test in December 2019, admission to consuming alcohol Jan. 19 and failure to appear for testing Jan. 24. He had previous administrative sanctions for positive alcohol and/or drug tests in September October and November 2019.

Douglas D. Carpenter, 43, of Neligh, scheduled for a pretrial hearing on information to revoke probation, saw his case continued once again. Carpenter’s attorney Ryan Stover of Norfolk, requested the continuance, citing Carpenter’s upcoming March 23 county court trial. Violation of the terms of probation were 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.

Lynnette R. Boutwell, 44, of Oakdale appeared for a show-cause hearing on the balance of costs related to a March 27, 2019, conviction of attempted possession of meth. After hearing her husband was incarcerated and she received only $60 per month to feed three dogs and herself, Johnson waived the balance of $158 costs.

Her husband, Jacob L. Boutwell, 41, also appeared to show cause for nonpayment of $792 probation fees and costs related to a March 27, 2019 conviction for possession of meth. Boutwell asked for “a little more time” to pay. He told the judge he expected to be released from jail in a few days and could get his old job back. In answer to Johnson’s question, he said he was serving time for “smoking weed.”

“You can afford to buy weed, but you can’t afford to pay my costs?” the judge asked before allowing more time.

Boutwell answered, “I wouldn’t say can afford it, just around people.”

Jeremy Jones, 29, of Neligh failed to appear to show cause for nonpayment of fines and costs in two 2017 cases. Johnson ordered a warrant be filed.

Johnson also presided in a Knox County case in the Antelope County courtroom. Nicholes T. Stewart, 31, of Plainview, was scheduled for a pretrial hearing on two felony counts in Center the previous day, possession of meth and possession of a defaced firearm. Stewart’s court-appointed attorney, Klein, appeared. However, an order had not been filed to transport Stewart from the Pierce County Jail to the Knox County courtroom.

The parties stipulated the alternate location for the hearing Wednesday. Amanda Holocek, Knox County deputy county attorney appeared as prosecutor and Stewart, transported by Knox County sheriff Don Henery, appeared with Klein. Pursuant to a plea agreement, Stewart pleaded no contest to Count I and Holocek dismissed Count I. The defendant was judged guilty by Johnson. Johnson ordered an update to a recent Stanton County PSI report and set sentencing March 31. Stewart faces up to four years incarceration and/or up to a $25,000 fine for the Class 3 felony. There is no minimum sentence.

Stewart was arrested Aug. 22, 2019, by Henery in Creighton.