Man imprisoned for strangulation, two jailed for third DUI

Joshua A. Boettcher, 29, of Stuart was sentenced to 18 months in a facility under the jurisdiction of the Nebraska Department of Correctional Services for a July 2019 crime.

Boettcher was sentenced by the Honorable Mark Kozisek in the Holt County district courtroom Jan. 22.

“Your prior history of criminal behavior is a concern…it began when you were a juvenile and has continued more or less consistently since,” Kozisek said, while reviewing sentencing guidelines with Boettcher. “Placing blame on your victim flies in the face of the facts…you were chasing her down the Cowboy Trail in a car…prior probation has been unsuccessful….you have not consistently supported your dependents…payment on your support obligation was made only after you were arrested and posted bond…you were working, had funds available, yet ignored your support obligation.”

Assignment of $5,000, 10% of a $50,000 bond, posted July 3, was made to the Nebraska Child Support Center on Dec. 3, 2020, as partial payment of child support ordered in an Antelope County civil case. Boettcher’s bond was modified to $5,000, personal recognizance, Dec. 9, 2020.

Provided he loses none of his good time, Boettcher must serve nine months, less two days before attaining mandatory release from prison.

Kozisek also ordered Boettcher serve a 12-month term of supervision by the Nebraska probation office, post-release, including probation fees totaling $390. He was taxed $147 costs of prosecution.

Boettcher was convicted of strangulation, a Class 3A felony, Sept. 21, 2020, pursuant to a plea deal. In return for Boettcher’s guilty plea, Holt County attorney Brent Kelly dismissed counts of domestic assault - cause body injury to intimate partner - and willful reckless driving.

Boettcher was remanded to the custody of Holt County sheriff Ben Matchett for transport to the Nebraska Penal and Correctional Complex in Lincoln.

He was represented by public defender Rodney Smith of O’Neill.

Travis S. Heller appeared for sentencing on his third conviction of driving under the influence of alcohol.

Kozisek fined the 47-year-old Atkinson man $1,000, ordered him committed to the Holt County Jail for 180 days and revoked his driver’s license for 15 years. He was given credit for one day previously served in jail. Provided Heller loses none of his good time, he must serve 97 days before attaining mandatory release.

In addition, Heller was fined $100 for a second count, possession of an open alcohol container and taxed $147 costs of prosecution.

The DUI charge was reduced, from a Class 3A felony to a Class W misdemeanor, June 2, 2020, by Kelly, as part of a plea agreement.

Heller was arrested by an Atkinson officer Sept. 25, 2019, in Atkinson, with a preliminary breath test of .276. He was represented by public defender Rodney Smith of O’Neill.

John T. Downs, 67, of O’Neill faced Kozisek for sentencing Jan. 11, for his third DUI conviction. Downs was committed to the Holt County Jail for 30 days, fined $1,000, placed on probation for nine months and his driver’s license is revoked for two years. Downs was given credit for two days previously served in the county jail. He must serve 23 days, less two days, before attaining mandatory release.

Probation conditions include completion of individual counseling to address substance abuse issues and attendance of at least two AA meetings per week. He was taxed $147 cost of prosecution and $300 probation fees.

The charge was reduced from a Class 3A felony to a Class W misdemeanor Sept. 4, 2020, by Kelly, pursuant to a plea agreement.

Downs was arrested July 4, 2020, at the Stuart Raceway by Holt County officers after he was observed driving erratically in the parking lot, ignoring commands to stop. An officer ran alongside the vehicle, reaching inside to put the vehicle into park. He was unable to complete a preliminary breath test at the site but registered .202 during booking.

Downs was represented by Bergan Schumacher of Kearney.

Jordan B. Ross, 22, of O’Neill failed to appear for sentencing Jan. 22, for a crime committed in December 2018.

A motion to continue was made by Smith, Ross’ public defender. However, Kozisek granted a motion by Kelly, over Smith’s objection, for a bench warrant, which will provide for a $10,000 cash bond.

Ross was convicted of delivery of methamphetamine, a Class 2 felony, after a plea deal was reached with Kelly on March 23, 2020. In return for the guilty plea, Kelly dismissed a second count of delivery of meth and an infraction count of possessing drug paraphernalia; agreed not to file failure to appear charges and agreed to file no further charges arising out of two December 2018 “controlled buys.”

Bond, set at $50,000, 10% cash, at Ross’ arrest April 10, 2019, was modified March 23, 2020, to $2,500 personal recognizance.