Man asks to spend year in jail

Last Wednesday was not a typical day in the Antelope County courtroom in Neligh.

The Honorable Donna Taylor heard from a man who requested a year in jail and a woman who cited religion as a reason not to appear.

Billy Russell, 29, of Elgin had spent the previous 96 days in the county jail on charges of driving under the influence, third offense, and resisting arrest, as his case proceeded to the point of sentencing.

He nearly begged Taylor to keep him there.

Russell’s mother sent a letter to the judge, asking her to keep him “as long as you can,” because he was doing so well.

County attorney Joseph Abler told the judge he spoke to the county sheriff who reported Russell was a “model inmate,” doing work in the community and attending Alcoholics Anonymous meetings. Abler also said there was no serious injury to the officers.

“I like the path I’m on,” Russell told Taylor. “I really need to stay in jail a little longer, maybe one-year incarceration on one charge. I would really appreciate it.”

His attorney, public defender Melissa Figueroa, said she planned to ask for probation, but he was doing well at jail and was encouraged by the opportunity to change his life around.

Taylor told Russell she didn’t want to set him up for failure.

“Just because you are on probation doesn’t mean you can’t visit with Sheriff Moore if you don’t think you can make it on your own,” she said.

She questioned him on the status of his parole, which he said was revoked and confirmed he would be sent back to the Department of Corrections when the county court case was done to complete his sentence for possession of a firearm by a prohibited person.

“It is really an overcrowded system,” he said. “Nowhere near the help I get here, just sit in a cell all day.”

Taylor obliged his request, sentencing Russell to a $600 fine, 60 days in the county jail and revoked his driver’s license for five years on Count II; along with a one-year jail term, to be served concurrent to the 60 days, on Count III, with credit for 96 days previously served. Count I had been dismissed as part of a plea agreement.

In addition he was sentenced to two years’ probation, including fees totaling $760, and conditions to attend AA meetings, obtain a chemical dependency evaluation and follow all recommendations, with credit allowed if paid for personally, 60 days on the continuous alcohol monitoring program immediately after release from jail and 60 days after six months of probation. He was also ordered to pay $401 costs of prosecution.

“I truly wish you good luck,” Taylor told him before remanding him to Moore’s custody. “It sounds like you are doing very well in jail, but sometimes it gets too comfortable. You need to be out in the community, with supervision…need a plan for where you will live, where you are going to work.”

The charges stemmed from a stop by a deputy near the junction of 844 Road and Highway 14 on May 1, when officers reported he became agitated and refused to cooperate with personnel attempting to administer a blood test, resisted transportation to the county jail, tripped a deputy and acted in an aggressive manner, causing injury to officers.

As Taylor called a roll of defendants scheduled for arraignment Wednesday morning, she was informed one of the accused had called claiming a religious exemption from appearing. The woman had been instructed to appear before noon or face an arrest warrant.

As the case played out in the courtroom, it was discovered she had recently appeared in Cumming and Dodge county courts.

Arriving late, Laura B. Buckingham, 31, of Scribner appeared before Taylor on a Class 2 misdemeanor count of third-degree assault, by mutual consent, alleged June 22 in Orchard.

Buckingham requested court appointed counsel. Taylor found her indigent, appointed Figueroa and, at the request of Abler, set bond at $4,000, personal recognizance. Buckingham objected, citing a need to travel to Illinois for medical reasons. She said she had not been required to post bond nor restricted from leaving the state in cases pending in other counties, a statement that is contradicted by court documents filed in Dodge County, where she posted 10% cash surety bonds July 7 and July 27, in separate cases.

“This one will keep you here until your hearing,” Taylor said. “Then, talk to your attorney.”

Further arraignment is set Aug. 19. Buckingham told Taylor she had a court appearance in another county that day. Taylor checked the online court calendar which indicated the defendant had court appearances scheduled Aug. 25 and Aug. 26 in Dodge and Cumming counties, but none on Aug. 19.

Hope M. Petite, 27, of Orchard pleaded not guilty and requested jury trial on a charge of third-degree assault, by mutual consent, also alleged June 22 in Orchard. Pretrial hearing is set Sept. 29. She is represented by Martin Klein of Neligh.

Jametrich L. Lovelace, 46, of Tyler, Texas, faced Taylor on a fugitive of justice allegation. He waived his right to an extradition hearing and was remanded to Moore’s custody pending pickup by Texas authorities for bond violations in a Smith County burglary of habitation case.

Angelica M. Volquardsen, 18, of Neligh pleaded no contest to a Class 3 misdemeanor, minor in possession of alcohol. Taylor judged her guilty and sentenced her to a $250 fine, $50 costs and impounded her driver’s license for 30 days. She was cited July 5 southeast of Neligh.

Robert J. Haskin, 38, of Oakdale changed his plea from not guilty to guilty on a charge of driving under suspension, committed April 29. Taylor found factual basis for his plea, fined him $100 and $50 costs, which were ordered to be sat out forthwith, in the Antelope County Jail, at a rate of $150 per day. He was remanded to Moore’s custody.

Toni McMillon, 33, of Neligh faced Taylor for sentencing 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 July 15.

Taylor fined her $500 on Count IV, and $10 on each of the other four counts, along with $50 costs and $62.35 restitution to the City of Neligh.

“No names were mentioned,” McMillon said regarding a social media post she had made. “I should be capable to voice my feelings. I did go to (victim)’s house to see if she was okay.”

She then said friends of the victim had threatened her.

“Facebook posts get people in more trouble than they know,” Taylor replied. “You are all adults and have to live together in this community.”

Rebecca L. Preister, 32, of Oakdale appeared for sentencing on a conviction of resisting arrest, a Class 3 misdemeanor.

Abler recommended probation.

“The officers weren’t really hurt,” he said. “Probation may help with substance abuse problems.”

Taylor sentenced her to one year of probation, including three days in jail, with credit for three days previously served, a $250 fine, 90 days of continuous alcohol monitoring, 30 days immediately and 60 days at the discretion and direction of the probation officer, $390 probation fees and $60 costs of prosecution. She was ordered to obtain a co-occurring evaluation within 30 days and follow recommendations regarding substance abuse and mental health issues.

“You have the benefit of a very favorable plea agreement when a felony was dismissed,” Taylor told Preister. “Hopefully, looking back at events the day you were arrested, you are embarrassed.”

Presiter pleaded guilty to the charge that was reduced from third-degree assault on an officer in the plea agreement.

The case stemmed from a May 15 incident when officers were dispatched to a domestic disturbance in Oakdale. Preister asked to be arrested because she needed help, but when questioned, failed to clarify what kind of help. She was informed there was no reason for arrest and officers advised her to go inside and go to bed. She then threatened to damage a vehicle or assault an officer to give them reason for her arrest. She struck a police vehicle mirror and pushed an officer and, while being detained, kicked and scratched two officers.

She was represented by Figueroa.

Ronald E. Frazier, 48, of Neligh waived his right to a preliminary hearing and was bound over to Antelope County district court on a Class 3A felony, terroristic threats, alleged July 6 at a Neligh bar. Bond, in the amount of $10,000, 10%, with condition for no contact with Sly’s Family Bar and Grill nor Thomas Stepp, is continued. Frazier was remanded to the custody of Moore. He is represented by Figueroa.

Donald E. Vickers, 54, of Electra, Texas, appeared on a felony driving under the influence count (third-offense, refusal), alleged June 25 east of Oakdale on Highway 275. Vickers waived his right to a preliminary hearing and was bound over to district court, where he is slated to appear Aug. 26. He is represented by Klein.

Jacob P. Schmit, 26, of Oakdale faced Taylor on a count of terroristic threats, alleged July 25 through social media. He requested court-appointed counsel. Taylor found him indigent and appointed Figueroa. Further arraignment is set Aug. 19. Bond of $10,000, 10%, filed July 27, is continued.

Robert Carnes Jr., 43, of Elgin entered a not guilty plea to a Class 1 misdemeanor DUI (second offense) count, alleged July 3 one mile east of Oakdale on Highway 275. A pretrial hearing is slated Sept. 2. Bond filed July 4, in the amount of $3,000, 10%, is continued. Carnes is represented by Figueroa.

Jonathan R. McConnell, 29, entered a written not guilty plea and waived his right to appear in person, to a Class W DUI count (first offense), alleged May 31 on Neligh’s Main Street. Pretrial hearing is set Sept. 2. Bond filed June 1, in the amount of $1,500, 10%, is continued. McConnell is represented by Klein.

McKayla E. Nienaber, 25, of Albion appeared on a count of issuing a bad check in 2019. She requested court-appointed counsel. Taylor found her indigent and appointed Figueroa. Further arraignment is set Aug. 19. Bond filed July 28, when an arrest warrant was served in Lincoln County, is continued in the amount of $3,000, 10%. The warrant was signed by Taylor Nov. 20, 2019, after Nienaber failed to appear.

Hugo Estrada, 28, of Grand Island, faced Taylor on a count of third-degree assault, by mutual consent, a Class 3 misdemeanor alleged May 3 in Neligh. Klein told the judge an agreement was pending, with an issue to be worked out yet and requested continuance. The case will continue Aug. 19. A co-defendant, Smokey Pike, was sentenced to three days in jail July 15 for her part in the incident.

Kurt C. Bromley, 55, of Tilden failed to appear for the second time on counts of writing bad checks totaling $161 to JB Mart in Tilden on April 12. Taylor ruled arrest warrant may be issued if request is filed by county attorney.

Scott A. Wesemann, 38, of Fremont failed to appear on a Class 3 misdemeanor count of driving under suspension, alleged June 3. Taylor ordered a warrant may be issued after motion and affidavit are filed by Abler.