Arraignment postponed for man who fails drug test

Three defendants, who had previously waived their rights to preliminary hearings in county court, were set for arraignment in the Antelope County district courtroom in Neligh, last week, by the Honorable James Kube.

Two entered pleas and had pretrial hearings set while a third had his arraignment delayed after he tested positive for THC.

Jay L. Herrera, 22, of Vermillion, South Dakota, appeared in front of Kube on a Class 3A felony, terroristic threats, alleged June 7 in Neligh. However, after arraignment proceedings began, Antelope County Attorney Joe Smith requested the defendant be tested for drugs, citing behavior in the courtroom and inappropriate responses to the judge. Kube ordered Herrera be tested. He eventually was able to produce a urine sample, which tested positive for THC.

Kube revoked Herrera’s bond ($10,000, 10% cash) and postponed arraignment until the following day, in the Madison County courtroom, with the defendant and his court-appointed attorney, Martin Klein of Neligh, ordered to appear via Zoom. Herrera was remanded to Antelope County sheriff Bob Moore’s custody.

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Kailee M. Davis, 37, of Neligh was arraigned on one count, tampering with physical evidence, a Class 4 felony alleged July 17. If convicted, Davis faces a possible penalty of up to two years of incarceration and/or up to a $10,000 fine. She pleaded not guilty. Pretrial hearing is set Sept. 27, with a jury trial set for Dec. 12.

Antelope County public defender Pat Carney informed the judge that Davis had been subpoenaed to testify at the preliminary hearing of a codefendant in Antelope County Court. He made an oral motion to grant immunity to Davis regarding testimony she may make at the Sept. 5 hearing, state vs. Christopher Barta. Kube sustained the motion.

Davis was remanded back to Moore’s custody, pending posting of bond in the amount of $5,000, 10%.

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Kaitlyn C. Dozler, 33, of Norfolk was arraigned on a charge of driving under the influence of alcohol, .15 or more, fourth offense. If convicted of the Class 2A felony, Dozler faces a potential penalty of up to 20 years in prison and a 15-year revocation of her driver’s license.

Dozler pleaded not guilty. Pretrial hearing is set Sept. 27 with a jury trial set Dec. 12. She was remanded back to Moore’s custody, pending posting of bond in the amount of $50,000, 10%.

Dozler is represented by Carney.

She was arrested July 22, following a head-on collision on a curve east of Neligh on 525 Road.