Probation, fines handed down for Holt County DUI convictions

Three defendants were sentenced by the Honorable Kale Burdick for alcohol-related crimes earlier this month in the Holt County courtroom in O’Neill.

Brayden D. Rabbass, 20, of Norfolk faced Burdick on Count I, driving under the influence of alcohol, first offense, a Class W misdemeanor; Count II, minor in possession of alcohol, a Class 3 misdemeanor; Count III, disturbing the peace, a Class 3 misdemeanor; and Count IV, second-degree trespass, a Class 2 misdemeanor.

Per terms of an agreement with Holt County attorney Brent Kelly, Rabbass changed his pleas on counts I and III to guilty and Kelly dismissed counts II and IV and agreed to file no additional charges related to the March 16 incident. Burdick fined Rabbass $500 and revoked his driver’s license for 60 days on Count I. In addition, he ordered a nine-month term of probation on counts I and III, including probation fees totaling $300. Rabbass was taxed $105 costs. He was represented by Ron Temple of Norfolk.

Rabbass was arrested by an O’Neill officer after he called 911 in distress over a relationship, according to an affidavit filed by the officer, and was later accused of trespassing and disturbing the peace at a residence while he attempted to locate the subject of his distress.

Erminio Cifuentes Solis, 43, of O’Neill, also known as Erminio F. Cifuentes, Erminio F. Solis Cifuentes and Erminio Cifuentes F. Solis, appeared for sentencing on two counts committed July 16, 2022, Count I, DUI, first offense, a Class W misdemeanor, and Count II, transport child while intoxicated, a Class 1 misdemeanor.

Burdick fined Cifuentes Solis $500 and revoked his driver’s license for 60 days on Count I, in addition to a nine-month term of probation on counts I and II, including probation fees totaling $75. The judge waived monthly probation fees of $225, Cifuentes Solis was taxed $105 costs.

He was represented by Holt County public defender Rod Smith, with Maria Chavez providing interpreter services.

Armando Utuy Coc, aka Armando Coc Utey, Armando Coc and Armando Utey, 53, of O’Neill appeared in front of Burdick for sentencing Aug. 2, on a count of DUI, committed April 15. Burdick sentenced him to a $500 fine, a six-month term of probation, including payment of $200 in fees, and two-month revocation of his driver’s license. An ignition interlock device is allowed, with proper permit. He was taxed $105 costs. Utey Coc was represented by Smith. Interpreter services were provided by Chavez.

Utey Coc pleaded guilty to the reduced count June 6, pursuant to a plea bargain with Holt County attorney Brent Kelly. Kelly also dismissed counts of failing to stay in lane and no operator’s license.

Others sentenced by Burdick included:

Russell E. Heinowski, 47 of O’Neill appeared for arraignment on a count of third-degree assault committed June 11. He pleaded guilty as part of a plea agreement. The agreement included a joint recommendation by Kelly and Rabbass, for a sentence of time served. Burdick sentenced Heinowski to two days in the county jail, with credit for two days previously served, and taxed him $50 costs. Heinowski was represented by Smith.

Dora Ostby, 63, of Butte faced Burdick for arraignment on a count of leaving the scene of a property-damage accident. Ostby waived her right to counsel and pleaded guilty to the June 1 offense after reaching an agreement with Kelly. In return, Kelly waived recommendation of jail and agreed to recommend a fine only. Burdick fined her $100 and taxed her $50 costs.