California fugitive waives extradition

Justin W. Bennett, 24, formerly of Lancaster, California, currently incarcerated at the Antelope County Jail, appeared before the Honorable Donna Taylor in the Antelope County courtroom Wednesday, June 17, on an extradition request from Los Angeles County, California.

Prior to facing the judge, Bennett informed county attorney Joe Abler he intended to request a hearing, to find out what the California charges are about.

Documents in possession of Antelope County officials listed allegations by code only. Abler said he had not looked up California codes. However, a sizable bond was noted, in the amount of $260,000.

After a short discussion with public defender Melissa Figueroa, Bennett had a change of heart.

“Might as well waive it,” he told Taylor when she asked if he wished to waive his right to a hearing. “Might as well get it started, going to happen one way or another.”

He signed an extradition hearing waiver and Taylor said California authorities would be notified. She said if he is not transported by July 1, the court will consider setting “some kind of reasonable bond.”

“We don’t want to keep you here indefinitely,” she said.

Bennett was remanded to sheriff Bob Moore’s custody, pending transportation to California.

Aluat D. Atem, 41, of Lincoln faced Taylor for arraignment on a charge of driving under the influence of alcohol.

Atem pleaded guilty to the Class W misdemeanor in what Abler said was a plea agreement, “in a way.” Abler said he did not have lab results prior to filing charges in the case, but he agreed not to “aggravate” the offense and to recommend probation at sentencing.

Atem’s blood alcohol test showed a level of .27, more than three times the legal limit, when she was arrested by Moore about 10 miles north of Neligh on Highway 14 the night of May 4.

In 44 years, I have never had a story like this,” her attorney, Forrest Peetz of O’Neill, said before relaying her story to the judge.

He said Atem is a Sudanese immigrant who is now a US citizen. Her father was killed in Sudan in 2000 and her mother and nine children immigrated to Egypt, then her mother and six brothers immigrated to the United States without the three sisters. She followed later, got a green card and subsequently became a citizen of the United States. He said she worked hard at many jobs and eventually earned a degree as a certified nursing assistant. She was employed as a travelling nurse by a company that provided staff for long-term care facilities, including one in Atkinson.

According to Peetz, she was returning to her temporary residence in O’Neill after dealing with a medical emergency involving her daughter, who was under the care of Atem’s mother in Lincoln and had been life-flighted to an Omaha hospital, where she spent several days in intensive care. Under contract with her employer, Atem faced a penalty if she did not arrive for work in Atkinson the following morning. He said the weekend’s events led to her driving while consuming a bottle of Irish whiskey, and she was “in no condition to be driving.”

He said she was later diagnosed with COVID-19, quarantined, and released from her employment. She recovered but is currently unemployed with three children to support. He indicated confidence she would find a job and said she had “discovered the cost of drunk driving.”

Taylor sentenced Atem to a nine-month term of probation, a $500 fine and probation fees totaling $310, in addition to costs of prosecution totaling $422 and revoked her driver’s license for 60 days. Costs included an emergency room charge, due to an injury Moore said he had her treated for prior to an alcohol test. Taylor indicated the ER fee will be credited if it is paid by the defendant’s health insurance. In addition, she received credit for $250 out-of-pocket expense for an alcohol evaluation. Terms of probation include 90 days on the Continuous Alcohol Monitoring Program, 30 days immediately, with the remaining 60 days at the discretion of the probation officer, and attendance at one Alcoholic Anonymous meeting each week.

“You don’t have much of a record,” Taylor told Atem.

“But that was a very high test and I can’t imagine you would have been an effective CNA the next day…Probation terms take that into account.”

Darrick E. Nekuda, 42, of Stuart appeared before Taylor on two counts alleged May 15, Count 1, no proof of financial responsibility, a Class 2 misdemeanor, and Count II, careless driving, an infraction.

Taylor informed him of possible consequences, including up to six months in jail, a $1,000 fine or both for Count I and a $100 fine for Count II, along with assessment by the Department of Motor Vehicles of four points against his license. Nekuda said he had insurance, but no printout in the vehicle. He handed the county attorney a copy of the document. Abler asked why he hadn’t taken it to the sheriff, saying the charge would not have been filed if proof had been provided withing 10 days. Nekuda said he was instructed by Moore to bring it to court with him. Abler then dismissed Count I, with Taylor noting it was dismissed based on evidence, not a plea agreement.

When Taylor asked if he intended to be represented, the defendant was unsure, saying he had a question first.

“Why was I the one charged with careless, when I was the one who could have been killed?” he asked.

He further alleged he was not checked for injuries, was cuffed and accused of drinking.

“I wasn’t,” he said.

Taylor suggested he may need to consult an attorney, although he isn’t eligible for a court-appointed one because incarceration is not among possible sentences. She continued arraignment to July 1.

Jesse J. Tobin, 32, of Grand Island appeared for a hearing to revoke probation due to conviction of a felony, driving under revocation, subsequent offense, committed in Hastings on Jan. 10, as well as a hearing to waive a jail term included in the original probation order.

Tobin was sentenced to a three-year term of probation after a 2017 conviction for driving under the influence, third offense, in Antelope County. His driver’s license was revoked for three years. In June 2019, the probation was extended by one year after he was convicted of driving under suspension in Hall County. He was also sentenced to probation there, and his license was revoked for 15 years. He currently faces revocation of probation proceedings in Hall County, due to the new Adams County charge, as well.

“We also have the issue of a jail sentence that was supposed to start June 1,” Taylor said after studying the file for several minutes.

The waiverable jail time was ordered as part of his original sentence. Tobin’s probation supervisor had recommended waiver, in a document dated May 14, indicating he had complied with all testing and visits with probation officers.

Taylor continued the case until July 15, after July 2 sentencing in Adams County, but she told him to be prepared for a jail sentence.

“We can’t keep putting you on probation,” she said.

Robert Haskin, 38, of Oakdale appeared, accompanied by Figueroa, for further arraignment on a count of driving under suspension, alleged April 29.

He entered a not guilty plea and requested jury trial. The case is set for pretrial hearing July 15. He was remanded to Moore’s custody, pending posting of $50,000, 10% cash bond in a district court case.

Mark Morrison of Oakdale faced Taylor for sentencing on a conviction of violating an Oakdale village public nuisance ordinance. Morrison had failed to appear twice in recent months. He was fined $500 and $50 costs, with payment deferred until Aug. 19. If he shows proof property is cleaned to the satisfaction of the village board, credit of $500 will be applied to fine.

Tom Hockabout of Norfolk, on behalf of his client, Alexander B. Wilder, 22, of Norfolk, requested continuance of arraignment, to give Wilder additional time to have his license reinstated. Hockabout filed documents to appear as counsel June 10. Wilder is accused of driving under suspension, before reinstated, a Class 3 misdemeanor, and no proof of financial responsibility, a Class 2 misdemeanor. Wilder was cited by Neligh Police on April 19 at Laurel Hill Cemetery in Neligh.

Christine L. Larson, 26, of Shelburn, Minnesota, was granted continuance of sentencing for two infractions committed west of Elgin on Oct. 24, 2019, possession of marijuana, one ounce or less, first offense, and careless driving. Larson is represented by public defenders Patrick Carney and Figueroa.

Dennis C. Statler, 50, of Neligh was granted continuance of a pretrial hearing on a Class 1 misdemeanor count of domestic assault alleged March 31 in Neligh. The request was made on Statler’s behalf by his attorney Martin Klein of Neligh, citing the need for additional preparation time. Statler submitted a written not guilty plea last month. Personal recognizance bond in the amount of $10,000, filed April 3, includes conditions that he have no contact with the victim nor be on the property at 510 East 2nd Street in Neligh.

Pamela J. Jean, 54, of Pinewood, Minnesota, pleaded guilty by waiver and was fined on six counts, Count I, overweight on axle(s), infraction, $75; Count II, overweight on axle(s), infraction, $75; Count III, reciprocity-plates overweight, Class 3 misdemeanor, $325; Count IV, reciprocity-no trip permit, Class 3 misdemeanor, $35; Count V, failure to have/carry fuel permit, Class 4 misdemeanor, $100; Count VI, no registration/payment, Class 4 misdemeanor, $100; and $49 costs, for a total $759. The citations were issued Jan. 14, south of the junction of highways 14 and 20, by a Nebraska State Patrol carrier enforcement officer.