Antelope County judge sets trial dates

Barbara Youngblood, 42, O’Neill, appeared in front of the Honorable Donna Taylor in the Antelope County courtroom in Neligh last week for a pretrial hearing on Count I, third-degree assault, a Class 1 misdemeanor, and Count II, disturbing the peace, a Class 3 misdemeanor, both alleged Set. 24, 2022.

“I would like to go to trial,” Youngtree told the judge.

Taylor set the case for jury trial March 27 and issued instructions to attorneys. A status report filed by Antelope County atorney Joe Smith in January estimates trial will last one to two days. Youngtree is represented by Antelope County public defender Pat Carney.

Christopher B. Brady, 32, of Elgin is scheduled for a trial March 1, on violation of probation allegations. Brady was placed on probation by Taylor on Nov. 2, 2022. Bond posted Jan. 27, in the amount of $4,000, 10% cash, is continued.

Brady failed to appear for a 9:30 a.m. arraignment hearing Feb. 15. Carney told the court he had a phone call from Brady, who requested continuance. Smith objected, opining Brady had absconded.

“I believe he has made similar promises to probation officers at times,” the county attorney said.

Taylor noted the failure to appear and ordered a warrant would be issued after Smith filed appropriate documents. However, Brady showed up in the afternoon and denied the violation allegations.

Reva J. Talton, 44, Antelope County Jail, faced Taylor on a Class 4 felony, possession of methamphetamine, alleged the previous evening. Talton requested court-appointed counsel. Taylor appointed Carney. Further arraignment is set March 1. Bond had not yet been set. The judge followed a recommendation from the county attorney for modest bond, setting it at $7,500, 10% cash. Talton was remanded back to the Antelope County sheriff’s custody, pending posting of bond.

Talton was arrested by Nebraska State Patrol officers in Oakdale on Feb. 14, according to a probable-cause affidavit filed by one of the troopers, who also noted an active South Dakota warrant, no proof of ownership, unlawful plates, no insurance, no operator’s license and no registration on the vehicle. She was also issued a warning for failure to use turn signal. During inventory of her vehicle, officers allegedly located a bag with paraphernalia on the front seat that field tested positive for meth.

Kimberly K McAllister, 20, of Ewing waived her right to counsel when she appeared for arraignment on a count of driving during revocation/impoundment, alleged Jan. 21. McAllister entered a guilty plea before Smith addressed the judge, indicating the charge would be amended to driving under suspension. Taylor, who said it is “what should have been filed originally,” continued arraignment to March 15, indicating penalties for the two charges are quite different. The original charge, a Class 2 misdemeanor, carries a penalty of up to $1,000 fine and/or six months in jail, with a one-year revocation of license and no option for provisional driving, while the amended charge, a Class 3 misdemeanor, would carry up to a $500 fine and/or 90 days in jail with no revocation of license and, if license has been reinstated, only $150 fine. McAllister was cited by a Nebraska State Patrol officer Jan. 11, near Elgin on Highway 14.

Benjamin T. Smith, 25, of Norfolk faced Taylor for further arraignment on three counts alleged Jan. 6, northeast of Clearwater. He was charged with Count I, theft, 0 - $500, a Class 2 misdemeanor; Count II, criminal mischief, 0 - $500, a Class 3 misdemeanor; and Count III, second-degree trespass, a Class 2 misdemeanor. A plea deal was announced, with the defendant pleading guilty to Count I and the county attorney dismissing counts II and III. When questioned by Taylor, Benjamin Smith said he took one gallon of gasoline. County attorney Smith asked for sentencing to be continued so he could notify the victim. He said it was an “employer/employee thing.” Taylor set sentencing March 1. Benjamin Smith is represented by Carney.

Austin R. Bertschinger, 30, of Oakdale appeared on a count of possession of tramadol, a Class 4 felony alleged Dec. 10 near Tilden. Taylor granted a defense request for continuance and set the case for a status hearing March 1. Bond posted Dec. 28, in the amount of $1,000, 10%, is continued as well. Bertschinger is represented by Carney.

Roland Hurtig, 61, of Orchard appeared for pretrial hearing on Count I, a Class W misdemeanor, driving under the influence of alcohol, second offense; and two infractions, Count II, possession of open alcohol container, and Count III, speeding (85 mph in 65 zone). Hurtig’s attorney, Ronald Temple of Norfolk, requested continuance. Taylor continued the hearing to March 1.

Ray M. Connot, 57, of Neligh appeared for pretrial hearing on a Class 3 misdemeanor, second-degree criminal trespass, alleged Oct. 27, 2022. The hearing was continued to March 1 at Smith’s request.

Jay A. Pettijohn, 63, Royal appeared for arraignment on count of maintaining a dangerous building, a Village of Orchard ordinance violation alleged in November 2022. Taylor advised that conviction of the offense could lead to a $500 fine, abatement can be ordered and the village attorney could have filed charges each day that the violation remained unresolved. Pettijohn requested continuance to allow him to retain an attorney. Taylor continued arraignment to March 1.

Orchard village attorney Jim McNally advised that another defendant, Earleen Jensen of Royal, who faces the same charge, had called requesting continuance due to road conditions. Her case was also continued to March 1.

Taylor signed warrants for the arrest of defendants who recently failed to appear for court hearings, including:

• Lance Carlson, 54, Broken Bow, two Class 2 misdemeanor counts of issuing bad checks, 0-$500, alleged Sept. 14, 2022;

• James Greenhalgh, 43, Tilden, issuing a bad check, 0-$500, alleged Jan. 9, 2022; and

• Donaven F. Nolze, 22, Clearwater, issuing a bad check, 0-$500, alleged July 21, 2022.