Holt County judge hands out probation, jail sentences

Rodney D. McDonald Jr., 19, of Clay Center faced the Honorable Kale Burdick on Tuesday, Sept. 6, for arraignment on eight counts, Count I, reckless driving, a Class 3 misdemeanor; Count II, possession of open alcohol container, an infraction; Count III, minor in possession of alcohol, a Class 3 misdemeanor; counts IV, V, VI and VII, possession of false identification, Class 3 misdemeanors; and driving under the influence of alcohol (+.15), first offense, a Class W misdemeanor.

McDonald, who was represented by Forrest Peetz of O'Neill, pleaded guilty to three counts committed July 16 following an O'Neill concert, and Holt County attorney Brent Kelly dismissed the remaining five counts, pursuant to a plea agreement.

McDonald had already obtained an alcohol evaluation and the case proceeded to sentencing. McDonald was placed on probation for a term of six months and ordered to pay probation fees totaling $210; fined $500 and his driver's license was revoked for 60 days for his conviction of driving under the influence of alcohol, first offense, a Class W misdemeanor. He was fined $300 for possession of alcohol by a minor, a Class 3 misdemeanor, and $50 for possession of false identification, also a Class 3 misdemeanor and taxed $105 costs of prosecution.

According to a probable-cause affidavit, filed by O'Neill police officer Robert Jensen, McDonald's preliminary breath test result was .170. A post-arrest chemical test registered .161. Jensen reported that the defendant admitted to purchasing four false identification cards online for $90. In addition, other officers indicated three underage occupants of McDonald's vehicle also possessed fake IDs.

Burdick placed Mauritz C. Engelbrecht, 27, of O'Neill on probation for a term of six months for DUI, including payment of $210 in fees, along with a $500 fine and 60-day revocation of his driver's license. The defendant was taxed $105 costs.

Englebrecht pleaded no contest to the charge Aug. 2, per terms of a plea deal with Kelly. In exchange Kelly dismissed two infraction counts, careless driving and possession of open alcohol container and agreed to recommend probation at sentencing. Englebrecht was represented by Michael Sholes of O'Neill. Englebrecht was arrested by an O'Neill officer May 15, after a report of erratic driving was received from another motorist.

Tyler K. Hanson, 40, of O'Neill faced Burdick for sentencing on three counts. He was sentenced to 10 days in the Holt County Jail, with credit for two days previously served, and his driver's license was revoked for 60 days for first-offense willful reckless driving, a Class 3 misdemeanor; fined $75 for a stop sign violation, an infraction; and $50 for possession of an open alcohol container, also an infraction. He was taxed $105 costs. The jail sentence was suspended until Sept. 13.

Hanson waived his right to counsel and pleaded guilty to the three counts July 19 as part of a plea agreement with Kelly. In return, Kelly dismissed two counts in the case, a second stop sign violation and no proof of ownership, along with a separate case, in its entirety. Hanson was arrested June 4 by an O'Neill officer.

Charges included suspicion of driving under the influence of alcohol and/or drugs, according to a probable-cause affidavit filed by the officer.

Michael Ford, 34, of Oakland appeared for sentencing on a Class 2 misdemeanor count of issuing a bad check. Burdick sentenced Ford to a 12-month term of probation, including a $30 enrollment fee and $60 drug testing fees, while $300 in program fees were waived. He was ordered to pay $394.85 restitution to Big Red Motorsports and was taxed $60 costs. The probation sentence is ordered concurrent to probation ordered in a recent Holt County district court case. Ford was represented by Holt County public defender Rodney Smith.