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Neligh man sent to jail for 2020 crimes

Pepper W. Marchant, 25, of Neligh was sentenced to one and one-half years in the county jail when he appeared for resentencing on his original December 2020 conviction of four Class 1 misdemeanors, Count I, assault public safety officer with bodily fluid, counts II and III assault and Count V, obstructing a peace officer.

On Aug. 2, Marchant was found to be in violation of terms of a 24-month probation sentence ordered in February 2021 that had been extended by six months in June 2022 for violations.

Marchant tested positive for THC before his Aug. 16 sentencing. After hearing testimony from deputy Lyle Juracek, who administered the test, and sheriff Bob Moore, who answered questions regarding his observations that morning, Marchant’s behavior the night of his arrest and the assault he had committed, Taylor determined he was able to comprehend the process and proceeded to sentencing.

Citing a report from his probation officer, public defender Pat Carney said, other than drug testing, Marchant had not presented any bad behavior during probation, although his employment was sporadic.

“It isn’t all doom and gloom. Probation has been good for him,” Carney said before asking for a 30-day jail sentence on each count, concurrent to each other.

Marchant said he had made many mistakes, but the probation experience had been helpful to him.

“I will accept whatever you give me,” he said.

The judge said she had been hopeful there would be no more violations and reminded him she had promised a significant (two-year) jail sentence if she had to revoke probation.

“I am tempted to extend probation,” she said. “(But) I think you have given up.”

On counts II and III, Marchant was sentenced to one year in the Antelope County Jail, concurrent to each other. On counts I and IV, he was sentenced to six months, concurrent to each other but consecutive to the one year ordered on counts II and III. He was given credit for 134 days previously served and was ordered to serve additional days at the rate of $150 per day toward the balance of costs and fees Marchant owed the court.

Danelle Ferris, 43, of Winside was also sentenced for a 2020 offense. She appeared for arraignment on a felony bad check charge, a Class 4 felony that carries a penalty of up to a $10,000 fine and/or two years of incarceration. She waived her right to counsel and a plea agreement was announced. Smith removed the second-offense element, reducing the charge to a Class 2 misdemeanor, which carried a potential sentence of up to a $1,000 fine and/or six months in jail. Ferris pleaded guilty to the amended charge. After questioning the defendant regarding a previous bad check charge and charges in other counties, Taylor fined her $250, ordered her to pay $211.81 restitution to Thriftway Market in Neligh and taxed her $52 costs. She further ordered bond be exonerated with funds held by the county to be applied to costs, restitution and the fine.

A warrant was issued in June 2022 after Ferris failed to appear in court. The warrant was served Aug. 2 this year, by Cedar County authorities, and she posted bond in the amount of $5,000, 10%.

Eight defendants chose to waive court appearances, plead guilty and pay fines for recent open container violations.

Trent W. Hoefer, 37, Adam T. Pofahl, 35, Brett M. Arehart, 40, and Lyle Hart, 47, of Neligh, Cory A. Furstenau, 46, Tilden, Holden S. Wetzer, 30, Creighton, Abby N. Simpson, 28, Plainview and Brittany J. White, 29, Dakota City, each paid a $50 fine and $49 costs for citations issued July 3 in a neighborhood near the intersection of 9th and M streets in Neligh, during the city’s 150th celebration.

Four additional defendants had previously filed waivers and paid fines and another, Jennifer Roberts, 45, of Occidental, California, failed to appear in court or file a waiver. Taylor ruled the county attorney may file a motion requesting an arrest warrant.

Noah Richardson, 24, of Springfield, South Dakota, pleaded guilty, by waiver, to a charge of driving under suspension/before reinstatement, committed June 20. He was fined $100 and $49 costs.

 

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