Judge Johnson recuses from hearings to set aside convictions

Ronald E. Frazier, 48, of Neligh faced the Honorable Mark Johnson in the Antelope County district courtroom last Wednesday, Aug. 26, for arraignment on count of making terroristic threats.

Frazier faces a possible penalty, if convicted of the Class 3A felony alleged July 6 at a Neligh bar, of up to three years in prison and up to a $10,000 fine, or both.

Accompanied by public defender Patrick Carney of Norfolk, Frazier entered a not guilty plea.

Pretrial hearing is set Sept. 30, with a jury trial scheduled for Jan. 19, 2021.

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 Antelope County sheriff Bob Moore.

Donald E. Vickers, 54, of Electra, Texas, submitted a written not guilty plea to a felony driving under the influence count (third-offense, refusal), alleged June 25 east of Oakdale on Highway 275. Waiver of personal appearance was allowed for the arraignment hearing only. He is slated for pretrial hearing Oct. 28 and a jury trial Jan. 19. Bond filed June 25, in the amount of $3,000, 10%, remains in effect. He is represented by Martin Klein of Neligh.

A hearing dealing with motions to set aside two convictions was rescheduled and Johnson signed an order or recusal. The motions were filed by Evelyn Torres, 50, of Neligh, relative to her 2012 convictions of attempted aiding and abetting, a Class 4 felony, and negligent child abuse, a Class 1 misdemeanor. Johnson served as Torres’ attorney in the cases.

The hearings are rescheduled for Sept. 11 at the Madison County courthouse, with the Honorable James Kube presiding. Torres is slated to appear electronically via Zoom.

Johnson signed a bench warrant for the arrest of Joe Nash Jr., 25, of Wayne. Nash had twice previously failed to appear to show cause why $167 costs had not been paid, relative to a January conviction of violating post-release supervision.

Johnson noted a defendant’s failure to appear for a show cause hearing and ruled county attorney Joe Abler may file contempt charges against Myles E. Lammers, 32, of Tilden.

Lammers was ordered to show cause for nonpayment of restitution ordered relative to a March 2015 burglary conviction. Clerk of the district court Angela Mortensen advised the court Lammers had left a message that he was not going to appear. She noted a $1,809.96 balance due, with no payment made since last hearing in May.