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Antelope County court proceedings got off to a late start last Wednesday, Oct. 21, due to the county prosecutor being involved in a Nebraska Tax Equalization and Review hearing, remotely, with other county officials.
Once county attorney Joe Abler arrived in the courtroom, the Honorable Donna Taylor and the court staff worked through a lengthy docket in short order, finishing with criminal cases by about 11 a.m.
Fernando J. Hernandez, 36, of Fremont faced Taylor with his attorney, Dennis Morland of Norfolk, for further arraignment of a Class W misdemeanor count of driving under the influence of alcohol, first offense. The charge was amended Oct. 20, by Abler, to reckless driving, a Class 3 misdemeanor. Pursuant to a plea agreement, Hernandez pleaded no contest and Abler recommended a $500 fine.
Taylor found him guilty and honored the plea deal, sentencing the defendant to the $500 fine and $50 costs of prosecution, to be paid immediately.
“You are very lucky,” Taylor told him before handing down the sentence. “Not only are you lucky, you had good representation.”
“I am very grateful it turned out like it did,” Hernandez replied.
Morland appeared with another client, Alexander B. Widler, 23, of Norfolk. Wilder faces two counts alleged April 19 near Laurel Hill Cemetery in Neligh, Count I, driving under suspension, a Class 3 misdemeanor; and count II, no proof of financial responsibility, a Class 2 misdemeanor. Widler pleaded not guilty to both counts and requested a jury trial. Pretrial hearing is set Nov. 18.
Douglas J. Jacobs, 28, of Neligh pleaded guilty to a Class 2 misdemeanor charge of leaving the scene of a property-damage accident.
Jacobs admitted to consuming “a couple beers” while driving around with a co-worker prior to the Sept. 11 accident which damaged his vehicle and some standing corn, valued at $100.
Taylor noted Jacobs had previously served 18 months of probation in 2017, completing it successfully. She ordered Jacobs to obtain an alcohol evaluation prior to sentencing, which is set Dec. 2.
“I assume you left because you were drinking,” she said.
Jacobs is represented by public defender Melissa Figueroa of Norfolk.
Pepper W. Marchant, 21, of Neligh pleaded not guilty and requested jury trial on five counts alleged Sept. 26 in Neligh. The counts, all Class 1 misdemeanors, included assaulting a public safety officer with body fluid; two counts of third-degree assault; resisting arrest, first offense, and obstructing a peace officer. Pretrial hearing is set Nov. 18. Bond in the amount of $50,000, 10%, is continued as well. Marchant was remanded to Moore’s custody. He is represented by Figueroa.
Drew W. Steskal, 31, of Spencer, appeared for further arraignment on charges filed following an Aug. 31 crash northwest of Clearwater and an extensive subsequent search.
Steskal pleaded not guilty to leaving the scene of a property damage accident, a Class 2 misdemeanor; willful reckless driving and criminal mischief, both Class 3 misdemeanors, and requested jury trial. Pretrial hearing is set Nov. 18. Bond, filed Sept. 4, in the amount of $3,000, 10%, is continued. Steskal is represented by Figueroa.
Jennifer M. Hines, 42, of Neligh appeared, without counsel, on a violation of Neligh city nuisance ordinance. Hines, who has previously been charged with similar violation, pleaded no contest and said the property will be cleaned up, “in the next couple weeks.”
“(The photos) certainly show there’s a lot of stuff needs to be hauled out,” the judge observed after viewing exhibits entered by Neligh city prosecutor James McNally.
Hines was ajudged guilty.
“This time there won’t be any more mess,” Hines said.
Taylor set sentencing Nov. 18, telling Hines to expect a $500 fine if the property is not cleaned up.
“There won’t be any credit for cleaning it later,” Taylor told her.
Two defendants appeared on probation violations.
Jacob M. Thramer, 29, of Oakdale waived his right to counsel and admitted he violated terms of a six-month term of probation ordered Feb. 19, for convictions of criminal mischief and disturbing the peace. Violations included: Failed to report for probation appointment March 13; admitted to smoking marijuana March 11 and admitted use of cocaine March 9; cut his CAM bracelet off March 11 and failed to report for appointment to have it re-installed March 13. Abler testified Thramer was arrested for disturbing the peace Feb. 28, in addition to the violations noted by probation officers, although charges were never filed.
Thramer failed to appear in court on the violations May 16 and a warrant was issued July 17 for his arrest. The warrant was served Sept. 23. He posted bond of $1,500, 10%, the same day.
Taylor revoked Thramer’s probation and resentenced him to 30 days in the Antelope County Jail on each of the two original convictions, to be served concurrently, along with ordering payment of $50 cost of prosecution and $220 balance of probation fees, prior to release.
Shawn M. Stenka, 37, of Ewing admitted violating terms of probation ordered Nov. 19, 2019, for a conviction of DUI, including consumption of alcohol.
Taylor ordered a full probation report, including recommendation for sentencing, prior to Nov. 18 sentencing. Stenka is represented by Figueroa.
Sentencing on a conviction of DUI, second offense, a Class W misdemeanor committed July 3 by Robert M. Carnes Jr., 43, of Neligh, is continued to Dec. 2. Bond posted July 7, in the amount of $3,000, 10%, is also continued. He is represented by Figueroa.
Tracie I. Friesz, 46, of Pierce did not appear on a charge of writing a bad check, a Class 2 misdemeanor committed in 2016. The original complaint, related to a $119.37 returned check written to TJ’s Market in Orchard in December 2016, was filed May 11, 2018, and an arrest warrant was issued May 16, 2018, after she failed to appear in court. The warrant was served by Pierce County officials Sept. 22 this year and Friesz posted bond in the amount of $3,000, 10%. The outstanding check and court costs were satisfied from bond funds.
Kelli M. Garcia, 28, of Neligh pleaded guilty, by waiver, to an infraction count, possession of open alcohol container, and was fined $50 and $49 costs. She was cited Oct. 4, near the intersection of highways 20 and 14.
Nicklas L. Meis, 31, of Neligh pleaded guilty, by waiver, to an infraction count, possession of open alcohol container, and was fined $50 and $49 costs. Meis was cited Oct. 4, near the intersection of highways 20 and 14.
Charlie B. Simons, 18, of Norfolk pleaded guilty, by waiver, to an infraction count of possession drug paraphernalia. He was fined $100 and $49 costs.
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