Defendant's son disrupts sentencing

Earlene F. Jensen, 81, of Royal faced the Honorable Donna Taylor in the Antelope County courtroom in Neligh on Aug. 16, for sentencing on a Village of Orchard ordinance violation - maintaining a dangerous building (105 North Windom Street), a Class 4 misdemeanor committed in November 2022.

The case was prosecuted by Orchard village attorney Joseph McNally of Neligh.

Jensen read from a list of repairs she and her son had completed. McNally testified he had visited the site that morning and found a "significant number of problems, including large holes in the roof...5 to 10% of the entire roof"

He said, "I don't think much has been done," and requested Jensen be fined.

Taylor asked if the building is structurally sound, with McNally answering, "No."

She fined Jensen $250 and assessed $50 costs. She had begun to suggest that Jensen consider if the building has enough value to justify the cost of repairs, when Jensen's son, Justin Jensen, burst into the defendant/attorney area from the gallery, refusing to leave when instructed by the judge.

"This is a bunch of shit...(you're) just railroading this," he said as he was escorted from the courtroom by Antelope County sheriff Bob Moore and bailiff Lyle Juracek.

"This is the kind of case where the village keeps filing," Taylor told Earlene Jensen. "You might want to talk to someone about taking the building down...I hate to see you spending much more time trying to fix it, it's been a problem for years."

She also referenced other buildings owned by Jensen, in nearby Royal, that had eventually collapsed from disrepair.

Wade Silbernagel, 28, of Orchard faced Taylor for sentencing on a charge of obstructing government operations, a Class 1 misdemeanor.

The charge was reduced by Antelope County Attorney Joe Smith on July 5, from a felony Sexual Offender Registration Act violation, per terms of a plea agreement. Silbernagel pleaded guilty.

Public defender Pat Carney informed the judge that the offense that put his client on the registry was committed when Silbernagel was 13 years old, in Iowa, and if he had been tried as a juvenile here, he would not be required to register, adding, "through the process, we've been able to get him in contact with an attorney to help start the process to get him removed from the registry there."

Silbernagel told Taylor the process takes about six months, and he is about a month in.

"It takes a lot of money and a lot of after-care counseling that I didn't have the opportunity to do before," he said. "I have a chance I never had before. I've never had a support system like this before."

Taylor said she felt bad for him but reminded him that complying with registry requirements was his responsibility for as long as he is required to do so. She sentenced him to a six-month term of probation, with conditions to obtain a GED, complete a parenting class and continue individual counseling. He was assessed costs of $60 and probation fees totaling $210.

Cameron J. Schindler, 19, of Neligh faced Taylor, alongside Carney, for arraignment on three counts, minor in possession of alcohol, a Class 3 misdemeanor, minor in possession of tobacco, a Class 5 misdemeanor, and speeding, an infraction. A plea agreement was announced. In return for Schindler's guilty pleas to counts I and II, Antelope County Attorney Joe Smith agreed to dismiss Count III.

Although Smith indicated Schindler possessed many alcoholic beverages, he had tested negative on a preliminary breath test.

Taylor fined Schindler $500 on Count I, $100 on Count II and assessed $50 costs for the May 29 offenses. She told Schindler it was the last time she would fine him for MIP. "If things go like they have been, you will be back here, then you will go to jail," she said.

Mitchell E. Wallis, 31, of Montgomery, Alabama, appeared for arraignment, via Zoom, on a charge of procuring alcohol to a minor, a Class 1 misdemeanor committed June 24 in Clearwater. He waived his right to counsel, pleaded guilty and was fined $500 and $50 costs.

Jessy L. Dirks appeared, without counsel, to request early release from probation. Smith did not object. Taylor reviewed a report from Dirks' probation officer, which indicated successful completion of all conditions. Taylor granted early release.

Dirks was placed on probation for 12 months May 24 for a conviction of third-degree domestic assault.