District judge hands down one sentence, sets another aside

Tori A. Wooters, 26, York, appeared in the Antelope County district courtroom in Neligh on Aug. 31 for sentencing on counts of possession of a controlled substance, a Class 4 felony, and criminal attempt - tampering with physical evidence, a Class 1 misdemeanor, both committed Jan. 19.

Antelope County Attorney Joe Abler said Wooters was currently incarcerated at the Nebraska Correctional Center for Women, York, on a conviction out of Madison County. Her attorney, public defender Pat Carney of Norfolk, asked Johnson to order any imprisonment to run concurrent to the 18-month term Wooters is serving in the Madison County case. Wooters apologized for missing court appearances and said she was “ready to get on with her life.”

Johnson explained to Wooters that she had a couple of failures to appear for court and had failed to contact the probation office as ordered. He said she was likely to reoffend unless there is treatment, which she said she planned. He sentenced her to 18 months incarceration on Count I and three months on Count II, with credit for three days previously served, the sentences are ordered concurrent to each other, but consecutive to any other prison sentences. If she loses no good time, she must serve nine months less the three days. Court costs were waived. She was remanded to the custody of Antelope County sheriff Bob Moore for transport back to the York facility.

Johnson heard a motion by Amy Trease, 40, of Kearney, asking to have a 2015 sentence set aside. Trease was convicted of attempted possession of a controlled substance, a Class 4 felony committed Jan. 1, 2015, and sentenced to 153 days in jail, with credit for 84 days previously served.

Abler presented an exhibit showing a 2019 conviction of possession of marijuana, less than one ounce.

Abler said the conviction was not included on her petition for set-aside. Trease explained that a state patrol printout did not include the 2019 offense. Abler confirmed it was not listed. She told Johnson she had no other convictions, that she is currently a senior at the University of Nebraska-Kearney with a major in social work and a minor in behavioral health, with membership in an honor society.

Johnson initially told Trease he did not have authority to set aside the conviction because she had not been sentenced to probation or a fine only, but suggested she contact the Nebraska Board of Pardons. However, an attorney in the courtroom brought to his attention that the requirements had changed. The judge looked up the relevant law and concurred. He granted Trease’ motion, noting that the marijuana possession charge, an infraction, is not technically a criminal offense.

Steven H. Habegger, 18, Antelope County Jail, appeared alongside Carney for pretrial conference on four counts, a Class 3A felony, child abuse, alleged Feb. 10 at a Neligh motel, along with three Class 1 misdemeanors, contributing to delinquency of a child, debauching a minor and cruel mistreatment of an animal. Carney asked to continue both the pretrial and a jury trial. He said related charges have now been filed in Cedar County, where he is also appointed as counsel. Abler did not object, saying he is hopeful both cases will be resolved.

Johnson explained Habegger’s right to speedy trial and asked if he wished to waive the right. The defendant answered, “Ya, I guess.” The judge asked if he meant yes, and Habegger affirmed. Pretrial is set Nov. 4, via Zoom, in the Madison County courtroom. Jury trial is continued to Nov. 21. Bond is continued in the amount of $100,000, 10% cash. Habegger was remanded to the custody of Antelope County sheriff Robert Moore, pending posting of bond.

Darrion J. Cescolini, 28, of Denver, Colorado, did not appear for his pretrial hearing on two counts, a Class 2A felony, possession of heroin with intent to deliver, and a Class 4 felony, possession of heroin, both alleged Feb. 12 east of Brunswick. Carney appeared on his behalf, telling the judge he believed the case was resolved and requesting a continuance. Cescolini had signed a waiver to speedy trial. Pretrial is continued to Sept. 14 and jury trial, to Nov. 21. Bond posted March 29 is continued, in the amount of $20,000, 10%, with conditions including not leaving the states of Nebraska or Colorado.

Jose J. Gonzales, 39, of Clearwater failed to appear for pretrial conference on seven counts alleged March 11, counts I through IV, Class 3A felonies, attempted second-degree assault; counts V and VI, Class 1 misdemeanors, intentional domestic assault and third-degree assault; and Count VII, a Class 3 misdemeanor, willful reckless driving. Carney told Johnson he had not had any recent contact with Gonzales. Johnson ordered bond posted April 19 be revoked and a warrant be issued for his arrest.