Atkinson man sentenced for assault of elderly woman

Robert M. Gotschall, 35, of Atkinson was sentenced to an 18-month term of probation by the Honorable Mark Kozisek, in the Holt County district court at O'Neill on Monday.

Gotschall was originally charged in county court with a Class 3A felony count of abusing a vulnerable adult. He pleaded guilty to a Class 1 misdemeanor, third-degree assault when he appeared for arraignment in district court Aug. 31, pursuant to a plea deal with Holt County prosecutor Brent Kelly. The offense was committed May 4 in Atkinson, when Gotschall struck an elderly female while he was allegedly intoxicated.

As part of the terms of probation, Gotschall was ordered to initiate and complete residential alcoholism treatment within 45 days; wear a continuous alcohol monitor until admission to treatment facility; attend three Alcoholics Anonymous meetings per week and obtain a sponsor.

Gotschall's driver's license was impounded for 60 days and he was assessed probation-related fees totaling $570 and $147 costs of prosecution.

Gotschall was represented by Rodney Palmer of Ainsworth.

Phelan L. Schwager, 33, of Laurel faced Kozisek on Oct. 5.

Schwager, who was sentenced to a two-year term of probation in June 2019, admitted violating terms of his probation when he was cited in Madison County on Nov. 27, 2019, for possession of less than one ounce of marijuana.

The June conviction included four counts, criminal attempt possession of a controlled substance with intent to deliver, possession of drug paraphernalia and possession of marijuana, both infractions.

After reviewing a probation report with the defendant and administering a verbal admonishment, Kozisek ordered him to pay $500 to be applied toward the fee of his court-appointed attorney, with all terms of probation to otherwise remain in full force and effect.

Schwager had requested court-appointed counsel for the revocation of probation proceedings and Kozisek appointed Mark Albin of Norfolk.