Plea deals help resolve Holt Count court cases

Jamie L. Thiele, 29, of Clearwater appeared before the Honorable Kale Burdick in the Holt County courtroom in O’Neill last Tuesday, Feb. 9, facing three counts.

Thiele pleaded guilty to Count I, driving under the influence of alcohol, .08, first offense, a Class W misdemeanor, pursuant to a plea bargain reached with Holt County attorney Brent Kelly. In return, Kelly dismissed two infractions, speeding, 16-20 miles per hour over the posted limit, and possession of open alcohol container.

Burdick fined her $500, placed her on probation for six months and revoked her driver’s license for 60 days. She was taxed $105 costs of prosecution, as well as probation fees totaling $180. Terms of probation include attendance at four AA meetings per week and completion of recommendations indicated on a chemical dependency evaluation.

Thiele was represented by Martin Klein of Neligh.

Thiele was stopped Dec. 14, 2020, by a Nebraska State Patrol officer on Highway 20, just inside the O’Neill city limits, for traveling 53 mph in the 35-mph zone. She was placed under arrest and booked into the Holt County Jail after failing a preliminary breath test, according to the officer’s probable-cause affidavit.

Anthony P. Fonseca, 20, of Chambers appeared on five counts. Pursuant to a plea agreement, he pleaded guilty to Count I, minor in possession of alcohol, a Class 3 misdemeanor, and possession of marijuana, once ounce or less, first offense, an infraction, both committed Dec. 11, 2020. In return, Kelly dismissed Count III, hunting with artificial light, a Class 3 misdemeanor; Count IV, false reporting, a Class 1 misdemeanor; and Count V, littering, first offense, a Class 3 misdemeanor.

Burdick fined Fonseca $350 on Count I, $300 on Count II and assessed him $50 costs of prosecution. Fonseca was represented by Holt County public defender Rodney Smith of O’Neill.

Trinity J. Mosel, 20, of O’Neill appeared on eight Dec. 11, 2020, counts. She pleaded guilty to Count I, minor in possession of alcohol, a Class 3 misdemeanor; Count II, possession of marijuana, one ounce or less, first offense, an infraction; Count V, speeding, 15-20 mph over the posted limit, an infraction; and Count VI, no brake lights/turn signals, also an infraction. Kelly dismissed Count III, hunting with an artificial light, a Class 3 misdemeanor; Count IV, false reporting, a Class 1 misdemeanor; Count VII, no valid registration, a Class 3 misdemeanor; and Count VIII, littering, first offense, a Class 3 misdemeanor.

Burdick fined her $250 on Count I; $300 on Count II; $125 on Count V; and $25 on Count VI; along with $50 costs. Mosel was self-represented.

Ethan T. Shoemaker, 18, of O’Neill faced Burdick on three counts. Pursuant to a plea deal with Kelly, Shoemaker pleaded no contest to Count I, procuring alcohol to a minor, a Class 1 misdemeanor committed Nov. 22, 2020. In return, Kelly dismissed Count II, minor in possession of alcohol, a Class 3 misdemeanor, and Count III, careless driving, an infraction.

Burdick sentenced Shoemaker to two days in the Holt County Jail, commencing at 8 a.m. Feb. 15, and a $500 fine, along with $50 costs. Shoemaker was represented by Smith.

Jose L. Rivera, 38, of Atkinson appeared before Burdick, charged with four counts, Count I, speeding, 16-20 mph over the posted limit, an infraction; Count II, driving during revocation or impound, fourth or subsequent offense, a Class 1 misdemeanor; Count III, possession of drug paraphernalia, an infraction; and possession of marijuana, one ounce or less, first offense, also an infraction.

Pursuant to a plea deal, Rivera pleaded guilty to counts I, III and IV, as charged; and an amended Count II, driving during revocation or impound, second or third offense, a Class 2 misdemeanor.

Burdick sentenced Rivera to 14 days in the Holt Count Jail and revoked his driver’s license for two years on Count IV; and fines of $125, $100 and $300 on counts I, III and IV, respectively, and $52 costs of prosecution.

At Rivera’s request, Burdick ordered him to stand committed to the jail until fines and costs are paid, at a rate of $150 per day, consecutive to jail sentence. Costs in the case include a $2 charge for warrant service. A warrant issued Oct. 6, 2020, after he failed to appear in court, was served Jan. 18 by an NSP trooper. Rivera was represented by Smith.

Darrick L. Schanz, 43, of Langdon, North Dakota, pleaded guilty by waiver to failing to have or carry a fuel permit. Schanz was fined $100 and $49 costs. He was cited Feb. 2, on Highway 14 in Atkinson, by a Nebraska State Patrol carrier enforcement officer.

Tyler M. McMahon, 51, of Kewanee, Illinois, pleaded guilty, by waiver, to violating provisions of an O’Neill trucking permit. He was fined $25 and $49 costs. McMahon was cited near Cubby’s in O’Neill by an NSP carrier enforcement officer Feb. 11.

Myron C. McPherson, 49, of Lemmon, South Dakota, pleaded guilty to a pair of Jan. 17 commercial motor vehicle offenses, reciprocity, no trip permit, and failure to carry fuel permit. He was fined $25 and $100, respectively, and $49 costs. He was cited by a carrier enforcement officer at the Highway 275 scale site.