Unhappy customer sentenced in Holt County case

A South Dakota man was given probation for his angry behavior at two Atkinson businesses in August.

Joseph W. Reiser, 20, of Gregory faced the Honorable Kale Burdick for sentencing in the Holt County courtroom in O’Neill on Tuesday, Nov. 16.

Burdick sentenced Resier to a six-month term of probation for three Class 3 misdemeanors committed Aug. 25, Count I, reckless driving and counts II and III, criminal mischief, 0 to $500. Reiser’s probation includes probation fees of $210 and he was assessed $60 costs of prosecution.

According to a probable-cause affidavit filed by Atkinson police officer Tim Larby, he was called to a business Aug. 25, after Reiser, who was told new tires for his white Ford F250 pickup were not yet in, did a burnout on the shop floor when he exited the building, a second one in the parking lot and, while the officer was taking the report, a third on the roadway in front of the business. The officer subsequently received a call from another Atkinson business, where Reiser had been denied sale of smokeless tobacco due to his age. An employee reported he got mad and, after exiting the store, threw a window-washing bucket and kicked it around the parking lot. A second Atkinson officer witnessed a white Ford F250 on South Highway 11, “doing a burnout, to the point that they couldn’t see through the smoke.” A report was also received from an area farmer, who alleged he had observed Reiser shooting a gun from the vehicle.

Reiser, who waived his right to counsel, pleaded guilty Oct. 5 to an amended Count I, reduced from willful reckless driving, and counts II and III as charged, pursuant to a plea agreement with Holt County prosecutor Brent Kelly, who recommended probation as part of the agreement.

Burdick also sentenced Scott M. Fuelberth, 26, of Ainsworth to a six-month term of probation, including $210 related fees, $500 fine and revoked his driver’s license for 60 days for a Class W misdemeanor count of driving under the influence of alcohol, first offense. He was taxed $105 costs.

Fuelberth, who was represented by Rodney Palmer of Ainsworth, pleaded guilty to the July 3 offense after reaching a plea agreement with Kelly on Sept. 21. Kelly reduced the original count of DUI, .15 grams or more, to DUI, .08, in exchange for Fuelberth’s guilty plea.

Burdick signed orders to set aside criminal convictions in six cases for a 54-year-old O’Neill woman. Cynthia Hatfield had filed petitions requesting eight convictions, dating from 2009 through 2018, be set aside. The judge denied her request to set aside two convictions, DUIs, committed in August 2013 and May 2014. The judge ruled they were not eligible for set aside, according to Nebraska law.

Dean L. Benson, 52, of O’Neill was fined $100 for a Class 2 misdemeanor violation of Nebraska Game and Parks Commission deer regulations, accessory to shooting a whitetail buck over bait.

Brandon A. Campbell, 33, of O’Neill was fined $100 for possession of drug paraphernalia, an infraction committed Oct. 8, in O’Neill.

Kara A. Stahlecker, 44, of O’Neill was fined $100 for possession of drug paraphernalia, an infraction committed Oct. 8, in O’Neill.