O'Neill man sentenced to time served

John T. Applegarth, 22, of O'Neill, appearing alongside his court-appointed attorney, Martin Klein of Neligh, faced the Honorable Mark Kozisek in the Holt County district courtroom in O'Neill on Monday to be sentenced for crimes committed September 13, 2020.

Applegarth pleaded no contest, in August, to five of seven counts filed in the case, pursuant to a plea agreement with Holt County attorney Brent Kelly. Kozisek sentenced him to 60 days in the Holt County Jail on Count I, possession of a controlled substance, a Class 4 felony; 30 days in the jail on Count II, second-degree criminal trespass, a Class 3 misdemeanor; 30 days on Count III, unlawful acts relating to drugs, a Class 3 misdemeanor; and a $100 fine on each Count V and Count VI, possession of drug paraphernalia, infractions. He was taxed $147 costs of prosecution.

Kelly dismissed Count IV, contribute to delinquency of child, and Count VII, false reporting, both misdemeanor allegations.

Applegarth was given credit for 110 days served in the county jail prior to sentencing.

Kozisek ordered, "Because the time already served exceeds the sentences imposed, the defendant is entitled to his release regarding these charges."

However, Applegarth was being held on 10% of a $1 million dollar bond in another case. He is set for pretrial hearing March 28, 2022, on a charge of committing child abuse intentionally, resulting in death, a Class 1B felony alleged in the death of his 13-month-old son, Bryor Weekly, who died July 8. He is represented in that case by Sarah P. Newell with the Nebraska Commission on Public Advocacy. Kelly is joined by attorneys from the Nebraska attorney general's office as prosecutors.

Richard W. Lehmann, 36, of Omaha appeared for sentencing for violating terms of post-release supervision ordered in a 2017 case. Lehmann admitted the violation Nov. 15 and PRS was terminated. Kozisek sentenced him to serve 30 days in the county jail on each of two of his original counts of terroristic threats, to be served concurrently. Provided he loses none of his good time, he must serve 23 days before his mandatory release.

He was sentenced to prison, followed by PRS, in May 2018, on four counts committed in August 2017 - three counts of terroristic threats and a count of resisting arrest.

Lehman was represented by Holt County public defender Rod Smith.