Former Neligh man sentenced to 18 months in prison

The Honorable Mark Johnson presided from the bench in the Antelope County district court Wednesday, June 24, when he sentenced a former Neligh man to 18 months in prison for domestic assault.

Brennon J. Coleman, 36, of Randolph, who was convicted of the Class 3A felony charge of third-degree domestic assault, subsequent offense, March 25, was sentenced to incarceration in a facility under the jurisdiction of the Nebraska Department of Corrections, with credit for 69 days previously served. Assuming he loses none of his good time, Coleman will spend nine months, less the 69 days, before he is eligible for mandatory release. In addition, Johnson ordered a 12-month term of post-release supervision under jurisdiction of the Nebraska Probation office, including a $30 enrollment fee, monthly probation program fees totaling $300 and drug testing fees totaling $60; and Coleman was taxed $148 costs of prosecution. Coleman was also ordered to undergo an alcohol/drug evaluation and a domestic abuse evaluation and follow all treatment recommendations.

Prior to Johnson pronouncing judgement, prosecutor Joseph Abler filed a police report as an addendum to the presentence investigation report, indicating Coleman had been dropped off at the victim’s home, despite a no-contact condition, after he posted bond. He said Coleman’s domestic assault cases in Antelope County all involved the same victim.

“It was a bad relationship for both of them,” Abler said, citing the effect of alcohol consumption leading up to the assaults and the victim’s alleged recanting of some abuse reports. He said Coleman had also been charged with domestic assault in Utah.

Defense counsel, Pat Carney of Norfolk, did not object to the addendum.

Johnson noted Coleman’s four previous Antelope County convictions of domestic assault, including one in 2013 that ended with a stint at the Nebraska Department of Corrections, and said he took into account the reported bond violation.

Coleman was remanded to the custody of the Antelope County sheriff, pending execution of sentence.

Bond, posted April 3, was exonerated, with the $1,652 balance held by the county after payment of court costs, refunded to assignee, Claudette DesMazes of Neligh.

Dennis J. Wilson, 29, of Norfolk appeared before Johnson for sentencing on a Class 4 felony conviction of possessing a controlled substance, methamphetamine, Nov. 15 in Oakdale.

“I’m ready to put it behind me and move on,” Wilson told Johnson before judgement was passed.

He was sentenced to a 24-month term of probation, including fees totaling $750, and 90 days in the Antelope County Jail, to be served prior to the end of probation unless waived by the court. Wilson was ordered to obtain a chemical evaluation, to follow recommendations regarding treatment, attend two Alcoholics Anonymous or Narcotics Anonymous meetings per week and obtain a sponsor for same. He was taxed $147 costs of prosecution.

Wilson was represented by Carney.

Timothy N. Grothe, 57, of Elgin appeared before Johnson, with his attorney Mark Porto of Grand Island, for resentencing in two 2018 cases.

Abler reminded the judge that the charges had been pleaded down. He said Grothe appeared to do well on probation except he continued to test positive or avoid testing.

“I had a couple beers back in December and wasn’t working my steps,” Grothe told Johnson. “I thought I could do it on my own.”

He said he was back at AA and his sponsor accompanied him to court.

Johnson ordered probation extended for an additional six months, with the same terms and conditions as the original probation order. Probation programing fees for the additional time were waived, but Grothe is still responsible for $5 monthly testing fees.

Johnson told Grothe the extended probation was a safeguard, “If your sponsor isn’t available, you have your probation officer.”

Grothe had been sentenced to probation in November 2018 for a pair of convictions of attempted possession of a controlled substance, committed Nov. 26 and Nov. 30, 2017. He pleaded no contest last month to violating probation. Violations included a positive alcohol test in December 2019, admission to consuming alcohol Jan. 19 and failure to appear for testing Jan. 24. Grothe had previous administrative sanctions for positive alcohol and/or drug tests in September, October and November 2019.

Three pretrial hearings were continued to Aug. 4, with jury trials continued to Sept. 9, including:

~ Roger D. Stuckwisch, 78, of Tilden, charged with 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. Johnson sustained motions to endorse witnesses filed by the state. Additional motions will be addressed at the pretrial hearing;

~Wesley D. Hattula, 21, of Oakdale, charged with incest, a Class 2A felony; manufacture of child pornography, a Class 1D felony; and possession of child pornography, a Class 4 felony, all alleged April 21; and

~ Jeremy J. Mathrole, 40, of Crofton, charged with two Class 3A felony counts of violating the Nebraska Sexual Offender Registration Act, alleged in February when he was residing at a Neligh motel.