Judge Kube hands down opportunities for probation

Michael F. Doty, 30, Norfolk, formerly of Page, appeared in the Antelope County courtroom in Neligh for sentencing May 31, on a count of making terroristic threats, a crime committed last June in Orchard.

Upon questioning by the Honorable James Kube, Doty said he had only a vague recollection of threatening his sister and brother-in-law June 28, 2022, at their Orchard home. He said he was under the influence of alcohol and methamphetamine at the time.

He told Kube he is currently living in a three-quarter facility, Anchor House in Norfolk, where he is president and that he had severed relationships with the company he used to keep, mostly from O'Neill, who were "triggers" to his drug use and that he intended to continue residing in Norfolk regardless of "what happens today."

Doty's attorney, Antelope County public defender Pat Carney, asked the judge to give his client an opportunity at probation. He said the altercation had not escalated to a physical one, Doty was removing himself from the scene when law enforcement arrived and prevented him from doing so and he had been upset about a fire that morning. The attorney also said Doty's family relationships had been repaired.

After pointing out that Doty had been placed on probation in 2018 and "was even released early," Kube said, "I see this a lot, (you) obviously didn't deal with the issues that were most important...I don't like to put people back on probation"

Doty said he had remained clean for the three years. He said he had been a heavy user and blamed stress and his association with other users for the relapse.

"It (probation) was what I needed at that time...it gave me a taste of recovery," he said. "It was a short relapse...I would like to thank the court for allowing me back into treatment, regardless of what happens today"

"I know why you went back (on meth) it's because you didn't utilize things you learned on probation,"Kube said.

However, he did put Doty back on probation, an 18-month term, including $570 in related fees.

Additionally, Doty was sentenced to 90 days in the county jail, with credit for 66 days previously served, prior to the end of probation, unless waived. He was taxed $148 costs of prosecution.

"If something like this happens again or if you are up here on revocation, I probably won't order probation again," Kube told him.

Christina M. Jonas, 37, appeared for sentencing on her conviction a Class 4 felony, possession of more than one pound of marijuana.

In answer to questions posed by Kube regarding the large amount of marijuana - edibles, creams and smokable - that were purchased in Colorado, Jonas said they were all for consumption by her husband to relieve "nonstop pain" he suffered "every day of his life," resulting from a motorcycle accident.

"I do not smoke weed," she said, although she admitted prior meth use.

She told Kube that she is working to obtain a GED and is now on mental health medications.

"I am grateful and blessed," she said. "Now I'm back to being normal."

Antelope County Attorney Joe Smith voiced disagreement with Jonas' statement that the drugs were all intended for her husband's use. He said some of the prepackaged products had the names of other people written on the packages that had been purchased at multiple Colorado stores.

Carney asked Kube to follow the recommendation for probation in a presentence-investigation report prepared by a probation officer.

"No matter what happens, stay on mental health medication" Kube said before sentencing her to an 18-month term of probation, including $570 in fees, 90 days in the county jail prior to end of probation unless waived, with credit given for one day previously served. She was taxed $148 costs.

Carney asked that she be allowed to leave Nebraska, due to residing in Sioux City, Iowa, until her probation case can be transferred to Iowa, which Kube granted.

"Stay on your meds, stay on the path, get better," he told her.

Jonas' husband, Brent, was also set for sentencing on the same charge. However, a pre-court drug test was positive for THC.

He claimed he had not used since September. He said he had gone to a residence to look at some motorcycles and had smelled cannabis there.

"You are not going to test positive from smelling," Kube said.

The judge revoked Brent Jonas' bond and committed him to the custody of Antelope County sheriff Bob Moore for 24 hours. Bond was to be reinstated upon his release. Sentencing is continued to June 28.

"You had better not test positive next month," Kube said.

Reva J. Talton, 44, Antelope County Jail, faced Kube for pretrial hearing on a Class 4 felony, possession of methamphetamine.

A plea agreement was announced. In return for Talton's guilty plea, Smith recommended a 200-day jail sentence.

Talton waived a presentence investigation and requested that sentencing proceed.

"I'm terrified," she answered when Kube asked how she felt about returning to South Dakota and her nine-year-old son, who is currently with her mother. "It's easier to stay clean in jail."

Kube ordered a 200-day jail sentence, with credit given for 106 days served. Figuring in good time credit, the sentence resulted in two days left to serve, which allowed time for South Dakota authorities to arrange her transport to face a probation violation charge and to continue treatment.

"Keep a photo of your child, when you are tempted, look at it," Kube said. "You have a lot to lose...do your best on probation. Stay off this stuff."

She was remanded back to Moore's custody.