Elgin man bound over to district court

An Elgin man was bound over to Antelope County district court on felony charges, by the Honorable Donna Taylor, when she presided from the bench in the Antelope County courtroom in Neligh last Wednesday, Feb. 17.

Travis D. Mace, 35, faced Taylor for further arraignment in two related cases, including possession of a deadly weapon by a prohibited person, a Class 3 felony, and possession of a controlled substance (methamphetamine), a Class 4 felony, both alleged Jan. 30 in Neligh.

Mace, represented by public defender Melissa Figueroa of Norfolk, waived his right to a preliminary hearing and was bound over to district court, where he was set for arraignment Feb. 24.

A bond review hearing was held, with Taylor ruling bond remain as set, $25,000, 10% cash.

In the second case, Mace is charged with violating a protection order, a Class 1 misdemeanor alleged the same date. He pleaded not guilty to the Class 1 misdemeanor and requested jury trial. The case is set for pretrial hearing in the county court March 3.

A bond review hearing was held, with Taylor reducing bond in that case to $4,000, 10%, with conditions, including no contact with victim.

According to probable-cause affidavits, officers responded to a 911 call from staff at Cubby’s in Neligh, reporting Mace was in the convenience store, although specifically prohibited by a protection order that was granted to an employee Jan. 25. Mace had left the store by the time officers arrived, and they were unable to locate him in the vicinity.

A couple hours later, a second 911 call alerted officials that Mace had just left the convenience store parking lot, heading north on L Street. Two Antelope County deputies responded, identified the vehicle and overhead lights were activated. The vehicle proceeded several blocks before stopping at a north P Street residence, where a passenger exited the vehicle and ran to the house. The officer ordered Mace to exit the vehicle, but he did not immediately comply. Mace eventually complied and was arrested for the alleged protection order violation.

According to affidavits, officers located a fixed-blade knife, with a five-inch blade in the center console, while conducting an inventory of the vehicle. They also located a hard sunglasses case hidden under the center console that was allegedly identified as holding methamphetamine and fentanyl, along with a vape pen and a pipe containing partially burned marijuana and meth.

Robert J. Evans, 41, of Elgin faced Taylor for sentencing on one count of violating a harassment protection order, a Class 2 misdemeanor committed Dec. 12, 2020.

Taylor sentenced Evans to a $500 fine and $50 costs of prosecution.

Evans pleaded guilty to the charge Feb. 3, when two additional counts of violating the order were dismissed by county attorney Joe Abler, pursuant to a plea agreement.

Evans was represented by Frederick Bartell of Norfolk.

Pepper W. Marchant, 22, of Neligh appeared for sentencing on four Class 1 misdemeanor counts committed Sept. 26, 2020, in Neligh, Count I, assault public officer with body fluid; counts II and III third-degree assault; and Count V, obstruct police officer.

Taylor sentenced him to a 24-month term of probation on all four counts, in addition to 90 days in the Antelope County Jail, with credit for 81 days previously served, on Count II and 90 days in the ACJ on Count III, to be served concurrently. He was assessed $78.61 costs of prosecution and probation fees totaling $750.

A fifth count, resisting arrest, was dismissed by Abler as part of a plea agreement. The agreement included Marchant’s agreement to pay restitution to the victims.

According to an affidavit filed by Antelope County deputy Logan Lawson, contact was allegedly made with Marchant by the deputy and a Nebraska State Patrol officer shortly before midnight Sept. 26, 2020, in areas near the Casey’s and Dollar General parking lots in Neligh. The officers were joined by Antelope County sheriff Bob Moore. The defendant allegedly yelled obscenities at officers before assaulting two men at a nearby home. One assault victim reported a broken elbow and eye injury, while the second incurred injuries to his mouth, shoulder, knee, head and lip. Lawson reported Marchant began spitting toward the officers when they were arresting him, narrowly missing the deputy’s face and hitting Moore in the chest.

Marchant was represented by Figueroa.

Angela R. Flores, 42, of Neligh faced Taylor for sentencing on an Aug. 30 city of Neligh nuisance ordinance violation. She was fined $50 and $52 costs.

The costs included a $2 fee for service of a warrant after Flores failed to appear in court last month. She was self-represented.

Terrance J. Sehi, 59, of Neligh pleaded guilty, by waiver, to a Class 2 misdemeanor count of obtaining a hunting permit under false pretense. He was fined $100 and $49 costs.

Sehi was cited three miles north and one mile west of Neligh on Dec. 27, 2020, by a Nebraska Game and Parks officer for loaning his muzzle loader deer permit to another individual.

Jorge J. Zuniga, 25, of Neligh pleaded guilty, by waiver, to three counts, possess marijuana, one ounce or less, first offense, an infraction; littering, first offense, a Class 3 misdemeanor; and possession of drug paraphernalia, an infraction. He was fined $300, $100, and $100, respectively, and $49 costs.

Zuniga was cited by a Neligh police officer Dec. 31, 2020, in Neligh.

Matthew C. Klabenes, 46, of Neligh, who was scheduled for a Feb. 19 jury trial on two counts, Count I, contributing to the delinquency of a child, a Class 1 misdemeanor, and Count II, allowing unauthorized person to drive, a Class 3 misdemeanor, faced Taylor in the Madison county courtroom Tuesday, Feb. 16, on a motion to continue and an evidence hearing.

At commencement of the hearings, the parties announced they had reached a plea agreement. In exchange for Klabenes’ guilty plea to Count I, Abler agreed to dismiss Count II and recommend a sentence of three months supervised probation. Sentencing is set March 3. Klabenes is represented by Jason Doele of Norfolk.