Judge takes plea in abatment under advisement

A Norfolk woman, who was bound over to Antelope County district court on a felony burglary charge is claiming there was not enough evidence to support the burglary charge.

Antelope County public defender Patrick Carney, on behalf of 55-year-old Debra F. Jordan, entered an exhibit as evidence and explained the defense’ motion to the Honorable Mark Johnson last Wednesday.

Carney told the judge, as an employee of the convenience store (JB Mart), the defendant had allegedly been given a key and code to the security system, so there was no “illegal entry” to justify the burglary charge. He suggested it was “more along the lines of theft by an employee not a stranger to the business.”

Antelope County prosecutor Joe Abler, who filed the Class 2 felony charge, along with a Class 1 misdemeanor count of theft by unlawful taking, asked Johnson to overrule the motion. He said the key and code had been given to the defendant, “simply for her job, not entering when off duty.” Johnson took the matter under advisement and told the parties he would make a ruling “as soon as possible.” He said future court dates will be set, “dependent on the outcome” of his decision.

Johnson signed an order Sept. 21 to modify bond, previously set at $10,000, 10% cash, to $10,000 personal recognizance, to allow her to attend a four to six month treatment program at the Women’s Empowering Life Line in Norfolk, beginning Sept. 23. The order includes a stipulation that

if she leaves the WELL treatment program unsuccessfully, previous bond will be reinstated, and she must report back to the Antelope County Jail. Jordan filed the bond Sept. 22. Jordan is accused of the July 15 theft of $1,127 cash from her employer, JB Mart in Tilden.