Joe Smith serves as deputy Antelope County attorney

The last of four young men charged in connection with March 21 break-ins at two Neligh businesses, Neligh Vape Shop and the Fit Stop, appeared in the Antelope County district courtroom in Neligh on Dec. 21, with the Honorable Mark Johnson presiding.

Madison County attorney Joe Smith again represented the State of Nebraska in the stead of Antelope County Attorney Joe Abler, who was absent due to illness. Smith told the judge he anticipated being sworn in as deputy Antelope County Attorney later Wednesday.

Harley Snyder, 20, of Oakdale faced Johnson with his court-appointed attorney, Frederick Bartell, of Norfolk.

Smith recommended a sentence consistent with the presentence investigative report, which indicated probation would be suitable. Bartell said his client was a good candidate for probation, that he had little, if any, criminal history and had recently obtained employment so would be able to pay his share of restitution. Bartell said Snyder had made a bad decision and that other individuals had approached him to participate in the crime. He suggested a 12-month term of probation.

Johnson asked the defendant how long he had spent in jail after his arrest and how it went. Snyder replied, “26 days…I don’t want to go back.”

The judge ordered a 24-month term of traditional probation, including payment of $750 in fees; 200 hours of community service and writing letters of apology to the business owners within 30 days. For the first six months of probation, Snyder is ordered to adhere to a curfew, to be at his residence between 9 p.m. and 6 a.m. daily, except to fulfill employment and probation obligations, with allowance to be given for emergencies. He was ordered to pay restitution of $4,956 to the Vape Shop and $730.56 to Craig Smith, for damage to the building, jointly and severally with the other three individuals, and was taxed $148 costs of prosecution.

Johnson asked Snyder what he took away from the experience.

“Don’t be stupid,” the young man answered.

“And make up your own mind,” Johnson said. “Don’t be led into things.”

Johnson denied reinstatement of bond for Darrion J. Cescolini, 28, of Denver, who appeared for a change of plea hearing.

Cescolini’s $20,000, 10% cash, bond had been revoked and he was placed in custody after he appeared in the Madison County courtroom Dec. 2, testing positive for drugs. Johnson had allowed the alternate venue after Cescolini claimed he was unable to appear in Antelope County on Nov. 30, due to weather.

Smith opposed reinstatement of the bond, reciting from a long list of convictions, mostly in Colorado. Johnson set a new bond of $200,000, 10%. He ordered funds held from the previous bond can be applied toward the new bond after Smith said the state would not request bond forfeiture.

Antelope County public defender Pat Carney of Norfolk said his client had traveled from Colorado to appear in court on at least two occasions and had no other charges filed against him since the current case. Antelope County sheriff Robert Moore spoke up in disagreement, indicating the defendant had a Zoom hearing in a Colorado case that day. Cescolini said it was “just a traffic case,” and said he had obtained full-time employment as well.

“First of all, you showed up ‘hot’ to court, which is a bond violation,” Johnson told him. “A special court date had to be scheduled because you did not show up (here)…You are not to leave Nebraska unless there is another hearing…and you submit to testing.”

Smith told the judge that Antelope County sheriff’s officers would be doing routine drug testing on defendants in the future.

Before he took up the bond review, Johnson heard that a plea agreement had been reached in Cescolini’s case. Smith filed amended information, reducing Count I, from a Class 2A felony, possession of heroin with intent to deliver, to attempted possession of heroin with intent, and agreed to make no recommendation at sentencing. Cescolini pleaded guilty to the amended charge as well as Count II, as charged, possession of methamphetamine, a Class 4 felony. Count I, a Class 3A felony, carries a sentence of up to three-years’ incarceration and/or up to a $10,000 fine. The penalty for Count II is up to two years and/or $10,000.

Sentencing is set Feb. 22, 2023. Cescolini was remanded to the custody of Antelope County sheriff Robert Moore, pending posting bond.

Travis Mace, 37, of Lincoln appeared without counsel to show cause for nonpayment of court costs associated with a June 30, 2021, prison sentence - for possession of meth and violation of a protection order. Mace asked Johnson how much he owed and said he had been busy with a full-time job and getting caught up on bills after he was released from prison and had overlooked paying the Antelope County costs, which Johnson had ordered paid by Dec. 20. He said he could pay the $144 that day.

“OK, then you are done,” Johnson said.