Neligh woman claims prescription medication caused 'false -positive' drug test results

Lisa M. Dugal, 56, of Neligh, accompanied by her court-appointed attorney, Kyle Peterson, appeared in front of the Honorable Donna Taylor in the Antelope County courtroom in Neligh on Aug. 17, for sentencing on a probation violation.

Antelope County Attorney Joe Abler asked the judge to look at a probation update, to note the number of missed probation/testing appointments. He said she hadn’t showed up since July, or maybe June. He reminded Taylor that Dugal’s false report to Neligh police officers caused the man she resided with to spend time in jail.

Dugal had admitted that she failed to produce a sample for testing and had signed a refusal document March 21, then failed to appear at the probation office as instructed the following day. However, when she faced Taylor for sentencing, Dugal denied she had used controlled substances and her attorney presented documents they claimed showed that her prescribed medication could cause “false-positive” drug test results, indicating the presence of amphetamines and methamphetamine. She also alleged her medical provider’s employer would not allow the provider to write a letter to the court regarding the medication and said her probation officer said she could go back on probation if she just showed up for testing. She had not done so.

Peterson said Dugal was in the process of moving out of her home, moving her belongings into a storage unit; she needed to make arrangements for a granddaughter she cares for; and that her stepmother had recently died, with the funeral set the following day. He asked for continuation of probation or a deferred jail sentence.

“I am not going to sentence you today,” Taylor told Dugal. “There is no deferred jail …Expect - and come prepared - to serve a jail sentence and to go directly there from the counsel table.”

Sentencing is now set for Sept. 7. Dugal was reminded she remains on probation and is to comply with all conditions. She was placed on probation Feb. 3 for a conviction of false reporting.

Christopher B. Brady, 20, of Elgin appeared for pretrial hearings in two cases, accompanied by Carney. The first case includes two counts, third-degree domestic assault, a Class 1 misdemeanor, and disturbing the peace, a Class 3 misdemeanor, both alleged May 24, in Elgin, while the second case is a separate charge of third-degree domestic assault, alleged May 20. Carney requested more time to resolve the cases. Pretrial hearings are continued to Sept. 7. Bond, amended and posted June 1, in the amount of $7,500, 10%, is continued, with condition for no contact at Elgin One Stop.

Ryan J. Pelster, 22, of Petersburg faced Taylor for pretrial hearing in two cases. In the first case, he was charged with criminal mischief, less than $500, a Class 3 misdemeanor alleged May 8 in Neligh. The second case includes four counts alleged June 11, also in Neligh, Count I, operating a motor vehicle to avoid arrest, a Class 1 misdemeanor; Count II, second-degree trespassing, a Class 2 misdemeanor; Count III, willful reckless driving, a Class 3 misdemeanor; and Count IV, stop sign violation, an infraction.

A plea agreement was announced by Pelster’s attorney, Brad Montag of Norfolk. In return for Pelster’s guilty pleas to counts I and II in the second case, Abler dismissed counts III and IV and agreed to dismiss the first case upon payment of court costs and restitution.

Taylor ordered an alcohol evaluation. She was informed by Montag that Pelster had recently completed one for a Madison County case and a presentence investigation report had also been prepared for the Oct. 19 Madison County sentencing. Taylor set sentencing for Oct. 18 in Antelope County but indicated the defense could file a motion requesting sentencing at the same time, in either county. Bond is continued at $10,000, 10%, with condition for no contact with the victim.

Callie J. Kraft, 26, of Neligh appeared, without counsel, to request waiver of 60 days of jail set to commence Sept. 1, as part of her sentence on charges of DUI and obstructing a peace officer.She presented proof of attendance at AA meetings, completion of classes ordered as part of her probation and education obtained related to her employment. Taylor found serving the jail time would benefit neither the defendant nor society and waived it.