Antelope County courtroom sees variety of cases in loaded docket

The Honorable Donna Taylor presided over an array of cases last Wednesday, stemming from fights, traffic crashes, driving while intoxicated or under suspension, to dog attacks.

In a rare move, Taylor chose not to follow a sentencing recommendation county attorney Joseph Abler offered as part of a plea deal. Abler recommended a fine only for Smokie J. Pike, 24, of Kearney, in exchange for Pike's no contest plea to third-degree assault, fight by mutual consent, a Class 2 misdemeanor.

After questioning Pike regarding her ability to pay a fine and noting previous fines for the same offense in another jurisdiction remained unpaid, Taylor sentenced her to three days in the Antelope County Jail. She further ordered $50 costs be paid or satisfied by extra jail time prior to release. Pike was remanded to the custody of sheriff Bob Moore to serve her sentence.

Sobbing, she asked to get her phone from a car in the parking lot to make a call first.

Taylor told her the sheriff would take her to the phone before Pike rushed from the courtroom, with Moore on her heels.

"You are not to leave," Taylor ordered.

Pike was represented by public defender Melissa Figueroa, from Carney Law Office in Norfolk.

A co-defendant, Hugo Estrada, 28, of Grand Island, was scheduled for further arraignment on similar charges Wednesday. He did not appear and his court-appointed attorney, Martin Klein of Neligh, requested a continuance. Abler did not object, stating the case had been resolved. Estrada's case is set to be heard Aug. 5.

The couple resided in Neligh at the time of the May 3 altercation.

Three of four individuals charged with third-degree assault, fight by mutual consent, in a separate incident that occurred May 22 outside a Neligh restaurant, were sentenced after reaching plea deals with Abler. Pursuant to the agreements, Ross Shabram and Ashton Shabram, both of Neligh, and Hector Gilbert Moreno Resendez, 23, of Guymon, Oklahoma, were each sentenced to pay a $300 fine and $50 costs for counts reduced to disturbing the peace, Class 3 misdemeanors. A co-defendant of Resendez, Steven T. Kampbell, 24, of Boulder, Montana, was granted continuance to Aug. 5, and was offered the same plea deal, according to Abler.

Ross Shabram was represented by Frederick Bartell of Norfolk, and Resendez, by Brad Montag of Norfolk. Ashton Shabram appeared without counsel.

Christine L. Larson, 26, of Sanborn, Iowa, faced Taylor for sentencing and a restitution hearing. Larson was found guilty of two infraction counts, careless driving, and possession of marijuana, one ounce or less, first offense; and not guilty of a count of no proof of insurance, in a May 20 bench trial. The charges stemmed from an accident that occurred about eight miles west of Elgin on Oct. 24, 2019, when Larson's Chevy Malibu struck a truck and flipped on it's top. Larson's insurance has lapsed.

Abler called Frederick Weible, owner of the truck damaged in the accident, to testify regarding restitution. Weible testified repair costs totaled $18,652.61, which included estimated costs of parts stocked in his trucking company's shop, and labor, in addition to $2,500 for his deductible on the trailer. In answer to questions from the judge, he indicated the 2001 International truck was worth about the same amount as the repair estimate.

The defendant was also questioned by Taylor regarding her financial status.

"Your allowing insurance to lapse put a lot of financial grief on a lot of people. This financial loss is going to affect everybody for a long time," Taylor told Larson.

She sentenced Larson to fines of $300 and $100, respectively, $167.07 costs and $6,000 restitution, at least $100 a month for five years. If she has paid at least $400 by Oct. 21, she will be given $400 credit toward the fines. All restitution will go to Wieble. No one was present from the Nebraska Department of Roads to testify regarding the value of state property damaged in the crash.

"I can't order her to pay more than the value," Taylor explained. "The most important thing is I can't order restitution if defendant has no ability to pay. She can pay some."

Larson was represented by Figueroa.

Jonathan P. Arnold, 26, of Bald Knob, Arizona, the driver of a truck that was captured on security video as it flipped on its side at 2nd and L streets, near the entrance to Riverside Park in Neligh, on May 7, appeared before Taylor on a Class 3 misdemeanor count of reckless driving, relative to the crash.

Represented by Martin Klein of Neligh, he pleaded guilty, pursuant to an agreement with Abler, who agreed to file no additional charges related to the crash in exchange for the guilty plea.

Arnold, who told Taylor he no longer drives truck, was fined $500 and $50 costs of prosecution.

Jeffrey Scholl, 45, of Elgin pleaded guilty to a stop sign violation and careless driving. Both infractions were committed April 5, with charges filed June 30 by Abler. Taylor sentenced him to fines of $75 and $100, respectively, and $49 costs. A charge of false reporting was dismissed, with prejudice.

Before dismissing charge, Abler said Scholl had told an officer he stopped, but video later showed he had not. Scholl, who said he thought he had stopped, presented photos he said showed the intersection was obstructed, to "keep someone else from having an accident."

Taylor thanked him for the photos that she said, "explain the situation."

Abler said he would send the photos to the Nebraska Department of Roads.

"I know I was at fault. I never got a ticket," Scholl said. "If I had, I would have paid the fine right away."

Dannielle L. Headlee, 52, of Oakdale pleaded guilty to driving under suspension, a Class 3 misdemeanor committed June 18. She was fined $100 and $50 costs.

Toni McMillon, 33, of Neligh faced Taylor on five city of Neligh charges, three counts of unlicensed dogs, one for a dog running at large and one for a dog having no rabies vaccination. McMillon pleaded guilty to all five counts and Taylor set sentencing for Aug. 5.

When asked if she intended to be represented by an attorney, McMillon answered, "I can't afford one and you just said I can't get county appointed one, so I guess not."

She pleaded guilty to all five counts.

Abler stated a six-year-old girl received "serious injury" and was required to go to the hospital. He asked sentencing be continued so he could look into potential restitution.

"I didn't 'allow' the dog to run at large," McMillon said. "He jumped the fence, I had no control, we do have a fenced yard."

She told the judge two animals that remain in her home, one belonging to her and one to her brother, have both been licensed and vaccinated. She said one of the animals involved in the incident, her therapy dog, was killed before she "even had a court date" and the other is not allowed back in the city.

Taylor advised her to notify her homeowner's insurance company.

McMillon said after the animals were contained, she checked on the child and informed the mother she had insurance to cover medical expenses, but no bill had been received.

Jesse J. Tobin, 32, of Grand Island appeared on a violation of probation charge. He was convicted of driving under revocation Jan 10 in Adams County district court, where he was sentenced earlier this month to another probation term. He is also serving probation in Hall County, where he faces violation of probation proceedings as well.

Taylor said. "Probation on this is just terminated. If you violate probation in the (Adams County) district court, the judge can sentence you to jail."

However, she reconsidered after the court clerk pointed out Tobin had outstanding fines and costs due in excess of $1,000. Taylor then ruled probation will continue until all fees are paid.

Per a plea deal with Abler, Dennis C. Statler, 50, of Neligh entered a no contest plea to a Class 1 misdemeanor, domestic assault, committed March 31 in Neligh. Taylor found him guilty and ordered a presentence investigation, with sentencing set Sept. 2. Klein, on behalf of his client asked to be heard on bond, which had conditions for no contact with the victim and not to be on the property at 510 East 2nd Street in Neligh. Statler said he is now living with his girlfriend's grandmother. Taylor ordered bond remain as set "for the time being."

Pursuant to a plea agreement, Shane Sleister, 46, of Oakdale pleaded no contest to a Class 3 misdemeanor count of disturbing the peace, stemming from a May 25 incident at a Neligh residence. In return, Abler agreed to make no recommendation at sentencing. Taylor found him guilty and set sentencing at 3 p.m. Aug. 5. Abler told the judge it will take some time as he may call a victim to testify.

Darrick E. Nekuda, 42, of Stuart appeared before Taylor on a count of careless driving, an infraction alleged May 15. He pleaded not guilty. After Taylor set a bench trial for Aug. 19, Nekuda asked for court-appointed counsel. Taylor said the maximum penalty is a $100 fine, so he is not eligible.

Patrick L. Linthicum, 32, of Oakdale, charged with driving under the influence, first offense, +.15, alleged June 26, was granted a continuance until Aug. 19, to consult with an attorney. Bond in the amount of $10,000, 10% cash, filed June 28, is continued.

Nicholas B. Planansky, 19, of Chadron appeared on a charge of third-degree assault, a Class 1 misdemeanor alleged May 16. He was uncertain if he wanted to be represented by an attorney. Taylor advised the possible penalties if he is convicted include up to a $1,000 fine, up to one-year imprisonment, or both.

"Maybe I should get an attorney," he said. "How much does it cost?"

The judge told him it does cost money and asked if he wanted a few minutes to think about it.

He then asked, "Are you going to give me jail time?"

"I can't tell you that," she replied.

He then indicated he would plead no contest, saying he had talked to the victim who just wanted to get it over with too.

Taylor appointed the public defender to represent him and continued arraignment to Aug. 19, saying, "I don't think you understand."

Two additional defendants were granted court-appointed defense.

Robert Carnes Jr., 43, of Elgin, is charged with DUI, second offense, +.15, alleged July 3. Bond of $3,000, 10%, filed July 4, is continued. Further arraignment is set Aug. 5.

Raymond F. Poli, 43, of Neligh is charged with disturbing the peace and no operator's license, both Class 3 misdemeanors alleged May 20. Further arraignment is set Aug. 19.

Taylor ruled warrants may be issued, pursuant to motions and affidavits being filed by prosecutors, for three defendants who failed to appear in court Wednesday. Kurt C. Bromley and Jon Grothe both face bad check allegations filed by Abler; and Ray M. Connot, a city of Neligh nuisance ordinance allegation, prosecuted by Joe McNally.

Although Abler said he would dismiss cases of three out-of-state defendants who failed to appear, they were continued to Aug. 5. When asked by Taylor, Abler said he would dismiss the infraction counts filed against Eric D. Wilson, 38, of Minnesota Lake, Minnesota, charged with possession of drug paraphernalia and possession of marijuana, alleged March 3; Lauriann G. Cecil, 34, of Waseca, Minnesota, charged with possession of marijuana, alleged March 3, and Dominic Bratcher, 26, of Olivia, Minnesota, charged with possession of marijuana, alleged May 29.

"These are just marijuana citations," Abler said. "I am not going to extradite for that offense."

Thomas G. Peed, 19, of Page pleaded guilty by waiver to fishing without a permit and was fined $100 and $49 costs. He was cited by a Nebraska Game and Parks officer June 13 at Grove Lake's middle dock. Despite his failure to supply proof of purchase of a fishing permit, as required, Taylor closed the case Wednesday, saying the court will remember if Peed appears on any future matter.

Cody D. Romej Jr., 18, of Elgin pleaded guilty by waiver and fined $100 and $49 costs on a Class 3 misdemeanor charge of second-degree trespassing. He was fined $100 and $49 costs. Romej was cited by an Antelope County deputy June 13 in Elgin.

Kenneth K. Foley 3rd, 48, of Colorado Springs, Colorado, pleaded guilty by waiver and was fined $300 and $49 costs for possession of marijuana, one ounce or less, first offense. He was cited June 17 by a Nebraska State Patrol trooper on Highway 70.