O'Neill man sentenced for 2018 sexual assault of child

Josue E. Saenz-Guevara, 27, of O’Neill faced the Honorable Mark Kozisek in the Holt County district courtroom Monday, Dec.14, to be sentenced for third-degree sexual assault of a child, who was 13 years of age at the time the crime was committed in December 2018.

Kozisek sentenced Saenz-Guevara to a term of three years in the Nebraska Penal and Correctional Complex at Lincoln, under the jurisdiction of the Nebraska Department of Corrections, with credit for 301 days previously served.

Provided he loses none of his good time, he must serve one and one-half years, less the 301 days, before attaining mandatory release, subject to terms of nine months of post-release supervision, also ordered by Kozisek. In addition, he is required to register with the Nebraska Sex Offender Registry and the judge noted a civil commitment evaluation is required prior to release from prison. He was also assessed $137 costs of prosecution and ordered to pay $255 in probation fees before release from post-release supervision.

Saenz-Guevara was arrested Feb. 24, 2019, with bond set at $1 million, 10% cash, charged with three counts, Count I, first-degree sexual assault of a child, a Class 1B felony; Count II, incest, a Class 2A felony; and Count III, third-degree sexual assault of a child, a Class 3A felony.

On June 24, 2019, a bond review hearing was held, with bond reduced to personal recognizance, effective June 27, 2019. Saenz-Guevara was ordered to appear Aug. 26, 2019. He did not. An arrest warrant was subsequently issued Sept. 9, 2019, with a $10,000 cash bond. The warrant was served June 17, this year.

A plea agreement was reached in the case. Saenz-Guevara changed his plea to no contest to an amended Count I, third-degree sexual assault of a child. In return Knox County prosecutor Brent Kelly dismissed counts II and III and agreed to file no further charges.

Saenz-Guevara was represented by Holt County public defender Rodney Smith of O’Neill. A certified interpreter was utilized, via speaker phone, at the sentencing.

Cody E. Campbell, 25, of O’Neill appeared for a pretrial hearing on four counts, Count I, operate motor vehicle to avoid arrest, a Class 4 felony; Count II, willful reckless driving, a Class 3 misdemeanor; Count III, leaving scene of property-damage accident, a Class 2 misdemeanor; and Count IV, criminal mischief, a Class 1 misdemeanor.

Pursuant to a plea deal, Kelly reduced Count 1 to a Class 1 misdemeanor and dismissed Count IV, in exchange for Campbell’s guilty pleas to the amended Count I and counts II and III.

Kozisek sentenced Campbell to a 24-month term of probation on each count, concurrent, including related fees totaling $750 and taxed him $147 costs of prosecution. Campbell was ordered to obtain a co-occurring evaluation, to be initiated within 30 days, and follow all treatment recommendations.

Campbell was arrested March 2, after a report was received that a vehicle had driven into a residence in O’Neill. As police responded to the call, officers attempted a traffic stop on Campbell, who fled, failing to stop at stop signs and attaining speeds of approximately 90 miles per hour in the city. The pursuit continued on Highway 275, west of O’Neill, where he reached approximately 110 mph, according the O’Neill officer’s probable-cause affidavit. He was apprehended by Holt County officers and a Nebraska State Patrol trooper near 486 Avenue, after spike strips were deployed. A pursuing officer also struck the strips. Campbell was transported to Avera St. Anthony Hospital to be medically cleared, before he was booked into the Holt County Jail.

He was represented by Smith of O’Neill.

Eileen J. Swartz, 45, of O’Neill faced Kozisek for sentencing on two counts, possession of a controlled substance, methamphetamine, a Class 4 felony, and possession of drug paraphernalia, an infraction, both committed July 9.

Kozisek sentenced her to an 18-month term of probation, including related fees totaling $570, as well as a $100 fine on Count II, and she was taxed $147 costs of prosecution. In addition to standard terms of probation, Swartz is ordered to complete outpatient treatment, attend at least two Alcoholics Anonymous meetings per week, provide proof of same and maintain weekly contact with her AA sponsor.

Swartz indicated a desire to participate in problem-solving court (drug court) when she was arraigned in the district court Sept. 14 and she was accepted into the program Sept. 19.

However, when she appeared in the district court Oct. 5, she pleaded guilty as charged on both counts, pursuant to a plea agreement with Kelly, and both parties recommended a sentence of probation.

Swartz was represented by court-appointed counsel, Ashley Boettcher, of O’Neill, who was appointed after Smith announced a potential conflict of interest.