Burdick hands out sentences in Holt County court

Cindy K. Hauf, 58, of O’Neill faced the Honorable Kale Burdick last Tuesday, Sept. 8, for further arraignment on two Class 1 misdemeanor counts of third-degree assault. Hauf reached agreement with Holt County prosecutor, Brent Kelly, resulting in an amended complaint for a single count, a Class 2 misdemeanor, assault by mutual consent. She pleaded guilty and Burdick sentenced her to a $200 fine and assessed her $50 costs of prosecution.

Tommy J. Nelson, 23, of Lyons, faced Burdick for arraignment on an amended count of driving under the influence of alcohol, second offense, a Class W misdemeanor committed June 26, and speeding, six to 10 miles per hour over the limit, an infraction. An enhancement hearing was held, with Burdick finding evidence existed for the second-offense classification.

Burdick sentenced Nelson to 30 days in the Holt County Jail, with credit given for one day previously served, a $500 fine and revoked his drivers’ license for 18 months on Count I; a $25 fine on Count II; and $105 cost of prosecution. Bond was exonerated, with a portion of the balance held by the county applied to fine and costs.

Nelson was represented by Brad Montag of Norfolk.

Steven M. Otto, 58, of O’Neill appeared in front of Burdick for sentencing on three counts committed March 28, Count II, willful reckless driving, first offense, a Class 3 misdemeanor; Count III, impeding traffic, an infraction; and Count IV, driving left of center, also an infraction.

After reviewing a presentence investigative report, Burdick sentenced Otto to a $500 fine; a six-month term of probation, including $210 in probation-related fees, on Count II; fines of $25 each on counts III and IV; and $60 cost of prosecution. Bond was exonerated with $730 held by the county applied to fines and fees.

In addition to standard terms of probation, Otto was ordered to serve seven days in the county jail, commencing March 1, 2021, if not waived by the court; attend an Alcoholics Anonymous meeting each week and obtain an AA sponsor; and obtain a chemical dependency evaluation by an accredited agency and follow any treatment recommendations.

Count I, driving under the influence of alcohol, second offense, a Class 1 misdemeanor, was dismissed by Kelly on July 14, pursuant to a plea agreement.

Otto was represented by Montag.

Hebbie R. Snyder, 36, of Ewing changed her plea to guilty on a charge of no proof of financial responsibility, a Class 2 misdemeanor, pursuant to a plea agreement with Kelly. In return, Kelly recommended a fine only at sentencing. Burdick sentenced Snyder to a $150 fine and taxed her $50 costs.

David L. Behnk, 68, of Clearwater pleaded guilty, via waiver submitted to the Holt County clerk magistrate, for failure to stop and weigh, a Class 3 misdemeanor, and violating farm registration use, a Class 4 misdemeanor, both committed Aug. 28 near the 275/20 scale site. He was fined $50 and $100, respectively and assessed $49 costs. Behnk was cited for using farm plates to pull a construction trailer, after a Nebraska State Patrol carrier enforcement officer noted he turned around at the site of the weigh station sign.

William J. Deane, 54, of Page pleaded guilty, by waiver, to a Sept. 8 misdemeanor citation for violating a village abandoned-vehicle ordinance. He was fined $50 and taxed $49 costs.

Homer R. McPherson, 71, of O’Neill pleaded guilty, by waiver, to an O’Neill city ordinance violation, dog running at large. He was fined $20 and assessed $49 costs for the Aug. 18 offense.