Applegarth pleads guilty in child's death

A Holt County district court case that has been in the system for more than one year reached resolution last week.

John T. Applegarth, 22, of O’Neill, appeared in front of the Honorable Mark Kozisek in the O’Neill district courtroom Sept. 12, for pretrial conference on a charge of committing child abuse intentionally, resulting in death, a Class 1B felony.

Charges were first filed July 20, 2021, in Holt County court, relative to the the death Applegarth’s 13-month-old son, Bryor Weekly, who died July 8, 2021.

Special prosecutor Mike Guynan from the Nebraska Attorney General’s office, and Holt County attorney Brent Kelly, appeared for the prosecution and Matt McDonald, from the Nebraska Commission on Public Advocacy, appeared with the defendant. A plea deal was announced.

Applegarth withdrew his previous not guilty plea and entered a no contest plea to an amended charge, attempted child abuse resulting in death, a Class 2 felony.

According to the judge’s journal entry, Applegarth entered the plea with the knowledge that it would be “deemed as a guilty plea for purposes of sentencing and commitment.”

Kozisek found Applegarth guilty of the crime, ordered a presentence investigation and set sentencing for Nov. 14.

Applegarth also moved for medical furlough from jail to attend “in-house” substance abuse treatment. The motion was overruled and denied by Kozisek.

Applegarth was remanded back into the custody of Holt County sheriff Ben Matchett, pending posting 10% of a $1 million bond.