Thirty-three-year-old man goes back to prison

Tyler J. Napier, 33, incarcerated, was sentenced to concurrent 24-month and 12-month terms in prison by the Honorable Mark Johnson in the Antelope County district courtroom last week.

Napier was convicted, in October, of Count V, terroristic threats, a Class 3 A felony, and Count VI, third-degree assault, a Class 1 misdemeanor.

Johnson sentenced him to a determinate term of 24 months under the jurisdiction of the Nebraska Department of Correctional Service on Count V, followed by 18 months post release supervision; and 12 months on Count VI. The sentences are to be served concurrently. Napier was given credit for 234 days previously served in the county jail. Provided he loses none of his good time, Napier must serve 131 days (12 months, less 234 days) in prison before his mandatory release. He was also assessed $148 costs of prosecution and will be required to pay probation-programing fees, totaling $570, related to the post-release supervision.

Johnson told Napier he had a “substantial” criminal history, including a “2018 similar-type offense.”

“You were only out (of prison) two months before you were arrested on this matter,” the judge said.

Napier was sentenced in February 2020, by Holt County district court judge Mark Kozisek, to incarceration for a conviction of similar charges, involving one of the victims in this case.

In reviewing reasons for withholding a probation sentence, Johnson said Napier was at a maximum risk for violent and antisocial behavior, the public needs protection from further crimes by the defendant and that previous sentences of probation had “all been revoked.”

Napier pleaded no contest to the two counts in October, pursuant to a plea agreement. In return, Antelope County Attorney Joe Abler dismissed four felony counts, third-degree domestic assault and three counts of strangulation. The crimes took place April 25 and 28, at a rural Elgin residence.

Napier was represented by court-appointed counsel, Martin Klein of Neligh. He was remanded to the custody of Antelope County sheriff Robert Moore, pending transport to Lincoln.