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A written waiver of preliminary hearing was filed Dec. 16 in the Holt County court by Adam J. Mittelstaedt, 45, of Norfolk on eight felony counts. Mittelstaedt is charged with a total of 13 offenses alleged Nov. 18 in O’Neill.
He is represented by Holt County public defender Rod Smith.
The Honorable Kale Burdick bound Mittelstaedt over to the Holt County district court, where he is set for Jan. 9, 2023, arraignment on the following felony counts:
Counts I, II, III and IV, possession of a firearm by a prohibited person, Class 1 D felonies;
Count V, possession of a firearm during commission of a felony, a Class 2 felony;
Count VI, possession of a controlled substance, psilocybin, a Class 4 felony;
Count VII, possession of a stolen firearm, a Class 2 felony; and
Count VIII, possession of a short rifle, a Class 4 felony.
The judge waived jurisdiction for misdemeanors and infractions to the district court. Those charges include: Count IX, carrying a concealed weapon, a Class 1 misdemeanor; Count X, failure to display plates, a Class 3 misdemeanor; Count XI, no proof of financial responsibility, a Class 2 misdemeanor; Count XII, improper vehicle lights, an infraction; and Count XIII, occupant protection violation (no seat belt), an infraction.
Mittelstaedt was arrested by an O’Neill officer who, according to an affidavit, alleges he observed Mittelstaedt driving without headlights. The defendant indicated to the officer that he had an active arrest warrant. The officer confirmed a warrant out of Madison County. A second city officer and a Nebraska State Patrol officer discovered the alleged illegal items while performing an inventory of Mittlestaedt’s pickup after it was towed.
In addition, the license plates did not match the vehicle and there was no insurance coverage. Officers also found ammunition for the three rifles and hunting clothing in the pickup.
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