Charge amended to felony changes back

A Neligh man, who had one of his five counts amended to a felony last month, sees charge returned to a misdemeanor.

Pepper W. Marchant, 22, again entered not guilty pleas to five counts alleged Sept. 26 in Neligh, when he met the Honorable Donna Taylor in the Antelope County courtroom last Wednesday, Dec. 2.

Marchant was scheduled for pretrial hearing on five counts last month, having previously pleaded not guilty to each of the Class 1 misdemeanors, including assaulting a public safety officer with body fluid; two counts of third-degree assault; resisting arrest, first offense, and obstructing a peace officer.

However, an amended complaint, filed by Antelope County Attorney Joe Abler on Nov. 18, changed one of the third-degree assault charges to a Class 2 felony, first-degree assault. The previous pleas were cleared from the record and a preliminary hearing was set.

On Dec. 1, Abler filed another amended complaint, returning that charge to third-degree assault.

Pretrial hearing is now set for the five Class 1 misdemeanors Dec. 16.

Bond in the amount of $50,000, 10% cash, is continued.

Marchant is represented by public defender Melissa Figueroa. He was remanded to the custody of Antelope County sheriff Bob Moore.

Jordon D. Dredge, 30, of Elgin faced Taylor for further arraignment on a Class 2 misdemeanor charge of assault by mutual consent, alleged Sept. 12, in Elgin. Dredge requested a jury trial. Pretrial hearing is set Dec. 16.

Dredge is represented by Frederick Bartell of Norfolk.

James B. Fisher, 31, also of Elgin, appeared for pretrial hearing on a Class 2 misdemeanor count of assault by mutual consent, alleged in the same incident in Elgin. He requested a continuance which was granted. Pretrial hearing is set Jan. 6.

Fisher is represented by Figueroa.

A third co-defendant, Michael A. Voborny-Williams, 24, of Elgin was also granted a continuance of his pretrial hearing, until Dec. 16. Voborny-Williams is represented by court-appointed attorney Jeffrey Doerr of Neligh.

Matthew C. Klabenes, 46, of Neligh was granted continuance of his pretrial hearing on two counts alleged Aug. 20 near Neligh, contributing to the delinquency of a child, a Class 1 misdemeanor, and allowing unauthorized person to drive, a Class 3 misdemeanor.

Pretrial hearing is continued to Jan. 6, 2021. Klabenes is represented by Jason Doele of Norfolk.

Calli R. Wilkinson, 21, of Tilden entered not guilty pleas to counts of minor of possession of alcohol, ages 19/20, a Class 3 misdemeanor, and possession of an open alcohol container, an infraction. She requested jury trial. Pretrial hearing is set Jan. 20, 2021.

She was cited Oct. 10, prior to her 21st birthday.

Wilkinson is represented by Frosty Peetz.

Aluat D. Atem, 42, of Lincoln failed to appear for a probation violation hearing. Atem had requested a continuance to consult with an attorney when she appeared Nov. 4.

She was sentenced to nine months’ probation, participation in the continuous alcohol monitoring program and required to use an ignition interlock device on any vehicles she drives, in June, as part of her sentence for a DUI conviction.

Probation officials allege multiple positive tests on the CAM, as well as multiple positive results on the interlock device. In addition, probation officials allege she attempted to have another party take the interlock tests on four occasions.

Additional violations alleged include a citation issued in Lincoln for driving a vehicle not outfitted with an ignition interlock device, along with not wearing a seatbelt and no valid registration.

Taylor ruled the county attorney may file a motion for an arrest warrant.

Atem was represented by Peetz in the original case.

Jose A. Ponce, 21, of O’Neill failed to appear on three counts, possession of drug paraphernalia and possession of marijuana, both infractions, and no operator’s license, a Class 3 misdemeanor. The waiverable offenses were alleged Nov. 6 in Clearwater.

Taylor ruled the county attorney may file motion for arrest warrant.