O'Neill man sentenced to five to 10 years in prison

Noe A. Macias, 34, of O’Neill will spend at least the next three and one-half years in prison.

He appeared in front of the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill last week for sentencing on Count I, a Class 1D felony, possession of a firearm by a prohibited person, and two Class 1 misdemeanors, Count II, third-degree domestic assault and Count III, obstructing a peace officer.

On Count I, Kozisec sentenced Macias to not less than five nor more than 10 years imprisonment under the jurisdiction of the Nebraska Department of Correctional Services, with credit for 147 days served.

Macias was also sentenced to six to eight months on each of the misdemeanor counts, to be served concurrently to the sentence imposed on Count I. He was taxed $147 costs of prosecution.

Assuming none of his good time is lost, Macias must serve four years, less 147 days, before becoming eligible for parole and six and one-half years, less 147 days, before his mandatory release.

Macias was remanded to the custody of Holt County sheriff Ben Matchett, to be transported to the Nebraska Penal and Correctional Complex near Lincoln. He was represented by Holt County public defender Rod Smith.

Macias pleaded guilty to the crimes Oct. 4, 2022, pursuant to a plea agreement with Holt County attorney Brent Kelly. In return, Kelly agreed not to file additional charges, not seek to enhance the charge to habitual criminal and to remain silent at sentencing.

Macias was arrested Aug. 15 in O’Neill, according to an affidavit filed by O’Neill officer Preston Hoffman, after police were dispatched to a domestic disturbance. By the time officers arrived, Macias had left the residence with a gun, taking his domestic partner’s phone with him. He was later located at the city cemetery, with two cell phones but without the weapon. According to the officer, Macias claimed he gave the weapon to a coworker, who later told officers he knew nothing about a gun.

Allen B. Barta, 60, of Stuart was sentenced by Kozisec for fourth-offense driving under the influence of alcohol, a Class 3A felony.

Kozisec ordered a three-year term of probation, fined Barta $2,000, revoked his driver’s license for 15 years and ordered him to serve 90 days in the Holt County Jail. If he loses no good time, he must serve 53 days before his mandatory release. Terms of probation include obtaining a chemical dependency evaluation and completion of any course of therapy recommended; attend at least two AA meetings per week; obtain AA sponsor and maintain weekly contact; wear a continuous alcohol monitor as directed by his probation officer; pay $5 per month chemical testing, $30 enrollment fee, $25 per month program fee and $147 court costs.

Barta, who was represented by Smith, pleaded guilty to the crime Nov. 16, pursuant to a plea agreement with Kelly. Kelly reduced the offense from fifth offense to fourth offense, in exchange for Barta’s guilty plea.

He was arrested by a Holt County deputy who had observed him cross the center line multiple times, between Inman and O’Neill.