2011 case resolved in Antelope County courtroom

Matthew D. Kershaw, 39, formerly of Ewing, currently an inmate in the Colorado Department of Corrections facility in Golden, appeared in front of the Honorable Donna Taylor in the Antelope County courtroom, electronically, to enter pleas to 2011 Nebraska charges.

Kershaw’s attorney, Frederick Bartell of Norfolk, appeared in person. A plea deal was announced, resulting in Kershaw pleading guilty to one misdemeanor count, criminal mischief, $500 to $1,500, and agreeing to pay restitution. Two felony counts, possession of a firearm by a prohibited person and terroristic threats were dropped by Antelope County prosecutor Joe Abler, who recommended a fine at an amount equal to the balance of bond held by the county.

After some mathematical calculations by Abler and Taylor, the judge sentenced Kershaw to pay restitution of $1,001.38 to Ron Thiele of Clearwater, who owned a vehicle damaged in the 2011 incident; a fine of $299.68 and costs of $49.

Bond of $15,000, 10% cash had been filed Aug. 6, and was exonerated, with the balance held, $1,350, applied, resulting in a zero balance.

Kershaw said he appreciated Abler’s time in resolving the case.

“Your lawyer and the county attorney worked hard to make this work for you,” Taylor said. “I appreciate their effort.”

Jeffrey C. Voborny, 58, of Neligh appeared for arraignment on three counts alleged Sept. 3, stemming from a hit-and-run accident at the intersection of 5th and L streets in Neligh: Count I, driving under the influence of alcohol, second offense, a Class W misdemeanor; Count II, leaving the scene of a property damage accident, a Class 2 misdemeanor; and Count III, failure to yield right of way on left turn, an infraction.

Voborny requested court-appointed counsel. Taylor held an indigency hearing, found him indigent and appointed Melissa Figueroa of Norfolk. Further arraignment is set Sept. 29.

Addison S. Woodard Jr., 47, of Clearwater, appeared without counsel, to request early release from probation, citing potential out-of-state work.

Woodard had been sentenced to nine months supervision under the Nebraska probation office for a conviction of assault by mutual consent, a charge that was reduced from third-degree domestic assault pursuant to a plea agreement. The term of probation was set to be completed Dec. 3.

Woodard presented a letter from his employer confirming work requirements in Texas, beginning Sept. 25. In addition, the court received letter from his probation officer, confirming competition of recommendations and payment of all fees.

There was no objection to release. Taylor found good cause for his release, deeming probation successfully completed.

William H. Birkel, 72, of David City appeared, without counsel, for a trial to contest a speeding charge alleged July 21, in Neligh. He was cited by a Neligh police officer for driving 39 miles per hour in a 30-mph zone near 3rd and L streets.

Birkel appeared despite a motion to continue filed the previous day by Abler, who said the Neligh police officer involved in the case was ill and unable to talk.

Communication of the motion to continue had not reached Birkel and he objected. Taylor found good cause existed and sustained the motion.

Birkel then made a motion to dismiss the case.

“Considering how trivial this was, 39 in 30, you would be better off to dismiss,” he said.

Taylor indicated if she dismissed the case, Abler could refile.

“Do you really want to go there?” Birkel asked Abler. “We are going to find a lot of illegal stuff here.”

Abler subsequently offered Birkel the opportunity to avoid prosecution by completing a Safety Training Option Program or STOP class, which Birkel agreed to.

Taylor continued the case to Nov. 4, to provide sufficient time for completion of the class.

Darrick E. Nekuda, 42, of Stuart pleaded guilty, by waiver, to an infraction count of careless driving. Nekuda, who had pleaded not guilty July 15, in the county courtroom, was fined $100 and $49 costs for the May 15 offense.