O'Neill man goes to prison for reduced count of child abuse

Gerardo Jimenez-Jimenez, 25, of O’Neill was sentenced by the Honorable Mark Kozisek, in the Holt County district courtroom in O’Neill, on Monday for his conviction of two Class 3A felony counts of intentional child abuse. He was sentenced to 30 months in a facility under the jurisdiction of the Nebraska Department of Correctional Services, on each count, with credit given for 48 days served previously. The prison terms are ordered to be served concurrently. Provided he loses none of his good time, Jimenez-Jimenez must serve 15 months, less 48 days, before obtaining mandatory release. A civil commitment evaluation will be required prior to the defendant’s release from incarceration. His prison sentence will be followed by an 18-month term of supervision, including $570 in probation program fees. Additionally, he was assessed $149 costs of prosecution and he is subject to terms of the Nebraska Sex Offender Registration Act.

Kozisek found there were compelling reasons that a probationary sentence should be withheld, including: “The crime involved a brutal sexual assault; the defendant hides behind self-induced intoxication as an excuse for his actions; he does not accept responsibility, even suggesting he may have been drugged by his victim.”

Jimenez-Jimenez pleaded no contest to the charges July 12, pursuant to a plea agreement with special Holt County prosecutor George Welch. Welch, a deputy Nebraska attorney general, was appointed to prosecute the case by the Honorable Kale Burdick in the county court, at the request of Holt County attorney Brent Kelly, who cited a potential conflict of interest.

As part of the plea deal, Welch filed amended information, reducing two Class 2 felony counts of first-degree sexual assault, which each carry a maximum sentence of 50 years in prison. According to the amended information filed by Welch, the defendant “knowingly and intentionally cause(ed) or permit(ed) a minor child to be placed in a situation that endangered her life or physical or mental health or allowed, encouraged or forced such minor child to engage in debauchery, or placed such minor child in a situation to be sexually abused…”

According to the information, Count I was committed between April 2016 and April 2017, while the victim was 14 years old, and Count II, between April 2017 and April 2018, when she was 15.

Jimenez-Jimenez was represented by Holt County public defender Rod Smith.