Two felony cases bound over to Holt County district court

Two defendants were bound over to Holt County district court by the Honorable Kale Burdick when he presided over Holt County court last Tuesday, Oct. 13.

Andrew F. Clark, 53, of O’Neill appeared before Burdick in two separate cases. The first case included two counts alleged June 16 in rural Holt County, second-degree trespassing, a Class 2 misdemeanor; and criminal mischief, less than $500, a Class 3 misdemeanor. He pleaded not guilty to both counts and pretrial is set Nov. 17.

The second case includes two felony counts alleged July 16, possession of a firearm by a prohibited person and possession of a controlled substance, along with an infraction count of possessing drug paraphernalia. He waived his right to preliminary hearing on the two felonies and was bound over to district court, where he is scheduled to appear Nov. 9. Jurisdiction of the infraction count was waived to the district court. Bond, in the amount of $10,000, personal recognizance, is continued.

Clark is represented by Brad Montag of Norfolk.

Katelyn Hurlbert, 22, of O’Neill waived her right to preliminary hearing and was bound over by Burdick on a Class 4 felony count, possession of a controlled substance, alleged July 27 in O’Neill. Her district court arraignment was set for Oct. 26. Hurbert was also charged with two infractions, possession of marijuana, less than one ounce, and possession of drug paraphernalia, with jurisdiction waived to the district court.

Hurlbert is represented by Holt County public defender Rodney Smith.

Juan Acuna DeLeon, 29, of O’Neill faced Burdick on three counts, Count I, driving under the influence, first offense, a Class W misdemeanor; Count II, possession open alcohol container, an infraction; and Count III, no operator’s license, a Class 3 misdemeanor.

He pleaded guilty to Count I, pursuant to a plea agreement with Holt County attorney Brent Kelly. In return, Kelly dropped counts II and III and there was a joint recommendation for the minimum statutory sentence.

Burdick sentenced Acuna DeLeon to seven days in the county jail, with credit given for one day previously served; a $500 fine; and revoked his driver’s license for six months.

DeLeon was arrested Aug. 30, after he was observed consuming alcohol in the parking lot of an O’Neill business. He was represented by Smith, while Maria Chavez served as interpreter.

Aiden M. Terry, 18, of Norfolk pleaded guilty to a Class 2 misdemeanor count, no proof of financial responsibility. Terry, who waived his right to counsel, was fined $100 and assessed $50 costs for the Sept. 4 offense.

Shane E. Sanger, 46, of Vidor, Texas, failed to appear for arraignment on a Class 2 misdemeanor count of driving during revocation. Burdick ordered a bench warrant be issued, setting bond at $5,000, 10% cash.

Sanger was arrested Sept. 6 near the Boyd County line on Highway 281, after he was observed driving erratically. He was released on an initial bond of $5,000, 10%, Sept. 7.

Charles E. Krysl, 44, of O’Neill pleaded guilty, by waiver, to a total of six counts, including five Class 3 misdemeanor commercial motor vehicle violations - no CDL, CMV marking, CMV tire steer, CMV brake general and CMV suspension general. He was fined $100, $50, $75, $50 and $25, respectively, in addition to $200 for a speeding infraction, 21-35 miles per hour over the posted limit (84 in 55 mph zone). He was assessed $49 costs for a total of $549. Krysl was cited Oct. 2 by a Nebraska State Patrol carrier enforcement officer on a county road.

Thomas T. Hintz, 56, of Norfolk pleaded guilty, by waiver, to two counts, violate farm registration use, a Class 4 misdemeanor; and a CMV violation, inoperable lights, a Class 3 misdemeanor. He was fined $100 and $25, respectively and assessed $49 costs. Hintz was cited by an NSP carrier enforcement officer at the Inman scale site Aug. 17.