O'Neill men setenced for gun, drug charges

SANDY SCHROTH

sschroth@

summerlandadvocate.com

Three O'Neill residents were sentenced by the Honorable Mark Kozisek in the Holt County district courtroom in O'Neill last Monday, April 12.

Fifty-four-year-old Andrew F. Clark was sentenced to not less than 18, nor more than 30 months, in an institution under the jurisdiction of the Nebraska Department of Correctional Services, on a Class 2 felony count, criminal attempt of possession of a deadly weapon by a prohibited person.

Additionally, Clark was sentenced to not less than 12, nor more than 13 months on a Class 4 felony, possession of a controlled substance, methamphetamine, the time to be served concurrent to the sentence on the first count. He was given credit for 11 days previously served.

Clark must serve nine months, less 11 days, before being eligible for parole and 15 months, less 11 days, before his mandatory release, both contingent on loosing none of his good time.

Clark was also fined $100 for an infraction count of possessing drug paraphernalia and assessed $147 costs of prosecution. The crimes were committed July 16, 2020.

He was remanded to the custody of the Holt County sheriff, to be transported to the Nebraska Penal and Correctional Complex at Lincoln.

Clark was judged guilty after he entered no contest pleas to the three charges, pursuant to a plea deal with Holt County attorney Brent Kelly. Count 1 was reduced from a Class 1D felony, possession of a firearm by a prohibited person, first offense.

Kelly agreed to file no additional charges regarding a prior possession of a firearm. The plea deal also included provisions for Clark to plead guilty to a charge of criminal trespass in a county court case and for Kelly to dismiss a count of criminal mischief in that case.

Clark was represented by Holt County public defender Rod Smith.

According to a probable-cause affidavit filed by a Holt County investigator, Clark was arrested after an investigation into a photograph that showed Clark walking into his rural residence, which is owned by Clark and other family members, carrying a shotgun.

A search warrant was obtained for the rural home, and Clark's mother's O'Neill residence, where Clark resided at times, as well as Clark's two vehicles, which were located at Inman.

A Marlin Model 120, 12-gauge shotgun was located in a basement bedroom of the rural residence, according to the affidavit, along with about 133 rounds of .223 ammunition, 400 rounds of 22-long rifle ammunition and more than 150 rounds of 12-gauge shotgun shells. About 25 rounds of 20-gauge shells, a gun cleaning kit, an IV needle and one round of 30/30 ammunition were found in an upstairs bedroom. Inside a chicken coop, officers found a wooden box with more than 39 rounds of 12-gauge ammunition, about 36 rounds of Winchester 30/30 bullets and a little more than 100 rounds of Winchester 22-long rifle shells.

In Clark's Ford Tempo, officers found a wooden box that contained a green leafy substance, believed to be marijuana, and cigarette replica pipe for smoking it; a straw with white residue; a glass pipe with burnt residue; the tip of a pipe that had burnt marijuana residue; and a baggie containing a white crystal substance, which field tested positive for meth, according to the affidavit.

Jean V. Foran, 22, was fined $1,000 and sentenced to a year of probation, including probation fees totaling $390, for a Class 4 felony count of possessing a short shot gun; was fined $100 for an infraction count of possessing drug paraphernalia and was taxed $147 costs of prosecution. Terms of probation include no possession of any firearm, ammunition or illegal weapons, nor to be personally present with anyone who has possession of same.

Foran pleaded guilty Feb. 8 to Count I, possession of a short shotgun, and Count IV, possession of drug paraphernalia, an infraction, per a plea agreement. In return, Kelly dismissed Count II, a Class 1 misdemeanor, third-degree domestic assault, and Count III, a Class 4 felony, possession of a controlled substance, alpralozam, and agreed to remain silent at sentencing.

Foran was arrested July 27, 2020, by an O'Neill police officer who was dispatched to a physical altercation at Foran's O'Neill residence.

He was represented by Melissa Figueroa of Norfolk.

Jason L Jensen, 44, appeared for sentencing on a Class 4 felony count, possession of a controlled substance. Kozisek fined him $500 and taxed him $147 costs of prosecution.

Jensen pleaded no contest and was judged guilty of the charge Feb. 8, after reaching a plea deal. In return, Kelly dismissed Count II, driving under suspension, a Class 2 misdemeanor, and an infraction count, possession of drug paraphernalia. In addition, the county prosecutor agreed to remain mute at sentencing.

Jensen, who was represented by Smith, was arrested in Atkinson by a Holt County deputy, who had stopped him for driving under suspension and an outstanding Stanton County warrant for the same offense, according to a probable-cause affidavit filed by the deputy.