Orchard woman charged with numeous felonies in Holt County

Mackenzie A. Dow, 19, of Orchard appeared in the Holt County courtroom in O’Neill on Sept. 6, where she waived her right to preliminary hearing on five felony counts alleged in O’Neill, between June 15 and June 22, Count I, theft (Class 4); Count III, criminal possession of a financial transaction device (Class 2A); Count IV, unlawful circulation of a financial transaction device (Class 2A); Count V, theft by receiving stolen property (Class 4); and Count VI, possession of a stolen firearm (Class 2A).

The Honorable Kale Burdick bound the case over to Holt County district court, where Dow was to be arraigned Sept. 19. Burdick deferred jurisdiction on Count II, contributing to the delinquency of a minor, a Class I misdemeanor, to the district court as well.

Bond is continued. Originally set June 18 at 10% of $5,000, bond was amended to $5,000 personal recognizance at Dow’s first court appearance June 21. It was revoked Aug. 2, and a new bond set at $25,000, 10% cash, after Dow was arrested on new accusations June 22, including obstructing a peace officer, child abuse, reckless driving, possession of marijuana, possession of drug paraphernalia and speeding. Bond conditions include no contact with three juveniles alleged to be involved in the case and maintaining employment.

Dow is represented by Holt County public defender Rodney Smith.

According to a probable-cause affidavit, filed by O’Neill police investigator Mike Ross, an investigation into thefts of items from vehicles at two locations in O’Neill, led to Dow’s arrest. Stolen items he reported recovered from her vehicle included two firearms, three wallets containing debit cards, credit cards, blank checks, social security cards and driver’s licenses. Investigators also allege three juveniles were involved in the thefts, the youngest, 13 years old.

A 16-year-old male co-defendant, who was detained at Northeast Nebraska Juvenile Service in Madison in a separate case, waived his right to preliminary hearing, when he appeared via Webex on Aug. 16. Three felony counts were bound over and set for district court arraignment Oct. 11, with jurisdiction for two misdemeanors deferred to district court’s jurisdiction. His court-appointed attorney, Michael Sholes of O’Neill, who appeared via Webex at the youth’s arraignment hearing Aug. 2, said he anticipated filing a motion to transfer the case to juvenile court. Discussion was held on the record, regarding the county court's jurisdiction to consider such a motion. The county court does not have jurisdiction to consider transferring felony charges to juvenile court, determination must be made by the district court. Sholes was appointed after the public defender’s office reported a conflict of interest.

A juvenile petition was filed by Holt County attorney Brent Kelly on July 20 against a second juvenile male, alleging three counts constituting felony charges and two misdemeanors. His first appearance is continued to Oct. 11. No attorney is currently noted, after the public defender indicated a conflict of interest.

Allen B. Barta, 60, of Stuart also waived his right to preliminary hearing and was bound over to district court on a Class 2A felony, fifth-offense driving under the influence of alcohol, alleged June 25, in O’Neill. Barta, who is represented by Smith, was set for district court arraignment Sept. 19. Bond, in the amount of $5,000, 10%, is continued.