Psychological exam ordered for teen accused of making threats

Koda K. Fernau, 18, of Clearwater faced the Honorable James Kube in the Antelope County district courtroom in Neligh on Feb. 22, alongside his court-appointed attorney, Ryan Stover of Norfolk.

Fernau was scheduled for pretrial conference on a Class 3A felony count of making terroristic threats.

Kube sustained an oral defense motion for continuance of the conference and a jury trial. The hearing is now set April 25 and the trial, June 20.

Kube ruled on a motion filed by Stover on Feb. 14. The motion asked the judge to order a psychological evaluation of Fernau, with the expense to be paid by Antelope County. According to the motion, the evaluation would “explore the defendant’s state of mind and ability to form intent at the time the allegations occurred” and “is necessary to determine any possible defenses to the allegations…”

In response to questions posed by Kube, Stover said the request was for retention of a yet to be determined independent examiner, rather than a provider from the state regional center usually used by the court.

County attorney Joe Smith had no objection but asked for a $2,000 limit to the expense.

Kube sustained the motion, pending submission of an estimated cost.

Fernau’s charges stem from actions allegedly committed in September. Allegedly, while riding on a Summerland bus Sept. 2, 2022, he commented about purchasing a firearm and, while at work in Neligh on Sept. 9, he allegedly threatened to “shoot up” a Summerland bus.