Judge orders probation for one defendant, revokes another's

The Honorable Donna Taylor ordered probation for an Oakdale man, revoked probation for another and continued sentencing for a third, when she presided from the bench of the Antelope County Court in Neligh last week.

Matthew J. Wright, 48, of Oakdale appeared in front of Taylor on Nov. 16 for sentencing on two Class 1 misdemeanor counts of first-degree assault committed July 2 in Oakdale.

Antelope County Attorney Joe Abler asked Taylor to follow recommendations in a presentence investigation report made by the Nebraska probation office - probation with conditions including jail time.

Antelope County public defender Pat Carney of Norfolk told Taylor his client had been sober for 118 days and, although he had stopped short-term treatment, had not relapsed. He requested probation. The attorney also said Wright’s living situation had stabilized, that he was unable to work and had applied for disability benefits.

When questioned by Taylor about his place of abode and income, Wright said he was living with a friend in Albion and was helping out doing farm work, dirt work and “cleaning the place up.” He said he had applied for disability four months ago, on the recommendation of his doctor, but was told it would take six to nine months for a determination. He said he had an attorney helping with the application but couldn’t recall the attorney’s name.

“I want to apologize for anything that happened,” he said.

Taylor sentenced him to a one-year term of probation, 18 days in the county jail, with credit given for 18 days previously served, and an additional 60 days to be served in 30-day stints in April and October 2023, with a waiver option for proof of good cause. He was ordered to write a letter of apology to each victim, to be approved by his probation officer prior to sending, along with 40 hours of community service. He was also ordered to continue therapy. He was ordered to pay $390 in probation-related fees and $50 costs of prosecution.

“If able to work, he should be working not applying for disability,” Taylor said. “Sounds like he has been doing construction-type work.”

Wright pleaded guilty to the two counts Oct. 5, pursuant to a plea bargain. In return, Abler dismissed a felony child abuse charge.

Daniel C. Hohrein, 45, of Oakdale faced Taylor for sentencing for his violation of probation. Abler reported numerous missed or positive drug/alcohol tests, including one immediately after his original sentencing, and at least one continuous-alcohol-monitor alert.

“It doesn’t look like Mr. Hohrein wanted probation at all…excuse after excuse after excuse,” the prosecutor said.

Hohrein said he was working out of town on most of the dates he missed testing and blamed personal issues with his girlfriend for the CAM alert.

“Personal issues do not cause CAM alerts,” Taylor said. “Probation isn’t for everybody; probation was trying to work with you. It makes probation officers tired; they care more about success of probation than you do… I will leave it up to you.”

She asked if he wanted probation extended or seven days in jail. He chose jail.

The judge revoked probation, sentenced Hohrein to seven days in the Antelope County Jail, with credit given for one day previously served, and revoked his driver’s license for six months. He was given a suspension credit of 182 days.

Hohrein was remanded to the custody of Antelope County sheriff Bob Moore to serve the sentence.

On Feb. 2, Hohrein was fined $500 and placed on probation for eight months for a driving under the influence conviction.

Jake R. Short, 22, of Meadow Grove, who was scheduled for sentencing, appeared alongside Carney, who requested continuance to give his client more time to get restitution paid. Pursuant to a plea agreement with Abler last month, Short had pleaded guilty to one count of forgery and Abler agreed to dismiss a second count after $433.73 restitution was made to the victim of three forged checks. Carney told the judge, “(Short) says he can do it in next couple months.”

Short told Taylor he had paid all the restitution in a similar Madison County case. “I just don’t have all paid here.”

No payment had been made in the Antelope County case and the judge questioned Short about $517 restitution remaining in a second Madison County case and asked if he was employed. He said he was filling out applications.

Abler had no objection and Taylor continued sentencing to Jan. 18.

Stephanie A. Suhr of Elgin appeared on two Elgin city ordinance violations. A plea agreement was announced by prosecutor Luke Henderson, Elgin city attorney. Suhr pleaded guilty to allowing a dog to run at large, and Henderson dismissed a public nuisance charge. He explained the public nuisance charge is typically added to animal complaints. Suhr said the dog got away from her daughter but a large kennel was added to the property to prevent it happening again. Taylor fined her $50 and assessed $50 costs.

Steven R. Marr, 70, of McCook pleaded guilty, by waiver, to possession of a loaded shotgun in a vehicle. He was fined $50 and taxed $49 costs. Marr was cited by a Nebraska Game and Parks officer Oct. 29, north of Brunswick.