Man sentenced for second-offense DUI in 2019 accident

Gary A. Kallhoff, 55, of Bloomfield faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill last Tuesday, Nov. 10, for sentencing on a charge of driving under the influence of alcohol, 0.15 or higher, second offense, a Class 1 misdemeanor.

Burdick sentenced Kallhoff to 30 days in the Holt County Jail, a $1,000 fine and two years probation, including fees totaling $750, and revoked his driver’s license for two years.

Kallhoff, who had earlier submitted a written not guilty plea, changed his plea to guilty, pursuant to a plea agreement with Holt County prosecutor Brent Kelly. In return, Kelly agreed not to oppose probation nor file additional charges in the case. There was a joint recommendation for the jail time and an 18-month revocation.

The charge stemmed from an August 2019 accident.

Kallhoff was involved in a motor-vehicle accident Aug. 21, 2019, about five and one-half miles east of O’Neill on 872 Avenue. According to a probable-cause affidavit filed by Holt County deputy Ed Nordby, Kallhoff was extricated from his pickup after hitting an eastbound 1970 Kenworth semi driven by Juan Angel Gonzolez-Valero. First responders reported the odor of alcohol coming from Kallhoff, who was initially transported to Avera St. Anthony Hospital in O’Neill and later transferred to another facility for treatment of his injuries.

Nordby obtained a search warrant for a blood test, which showed a blood alcohol content of 0.281.

An arrest warrant, issued March 26 this year, was served March 30.

Kallhoff was represented by Thomas Petersen of Omaha.

Evan F. Zakrzewski, 58, of O’Neill appeared on a misdemeanor charge of violating an O’Neill municipal code, sexual predators’ residency restriction.

Pursuant to a plea agreement with city attorney Boyd Strope, Zakrzewski pleaded guilty to the Sept. 21 offense. In return, Strope recommended a fine at sentencing. Burdick fined the Zakrzewski $100 and assessed $50 costs of prosecution.

Hunter R. Cullen, 19, of O’Neill faced Burdick on five counts, Count I, minor in possession, ages 19/20, a Class 3 misdemeanor; Count II, possession/discharge illegal fireworks, a Class 3 misdemeanor; Count III, possession marijuana, one ounce or less, first offense, an infraction; Count IV, possession drug paraphernalia, an infraction; and Count V, tobacco/electronic nicotine use, under 21, a Class 5 misdemeanor.

Under terms of a plea deal with Kelly, Cullen pleaded guilty to counts II through V, in exchange for dismissal of Count I and prosecutor’s recommendation of fines only.

Burdick fined Cullen $50, $300, $100 and $100, respectively and taxed him $50 costs.

Both Zakrzewski and Cullen were self-represented litigants.