Area man goes to jail for latest domestic assault conviction

A Randolph man was recently sentenced to serve one year in the Antelope County Jail and fined $1,000 for his latest conviction of domestic assault

Brennon J. Coleman, 39, previously of Neligh, was given credit for 15 days already served and was taxed $204.71 costs of prosecution when he faced the Honorable James Kube on Sept. 27.

During the sentencing hearing, Coleman, who had pleaded no contest in July, contended he had not hit the victim. When asked by the judge if he recalled the incident, he answered, “Absolutely.” And, when asked why, he answered, “I didn’t do it, I didn’t punch her.”

The March charge, that was reduced from a Class 3A felony pursuant to a plea bargain with Antelope County Attorney Joe Smith, is the latest in a decade-long history of domestic convictions - all with the same victim - that had previously resulted in two stints in Nebraska Department of Corrections’ facility and previous incarceration in the ACJ.

“(We’re) at the point where, at least for domestic assault, he gets the maximum sentence,” recommended Smith.

Coleman’s court-appointed attorney, Martin Klein, said his client did not want probation, “especially with the drinking problem he has,” and recommended a six-month jail sentence.

“Almost 20 years - obviously it’s just not a good relationship,” Kube told Coleman before passing sentence. “You indicated (you’re) not getting back together, sounds like that should have happened a long time ago.”

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Kailee M. Davis, 37, of Neligh appeared in front of Kube for arraignment on two counts included in an amended complaint filed by Smith on Sept. 25 - Count I, tampering with physical evidence, a Class 4 felony alleged July 17; and Count II, conspiracy to commit theft, a Class 2A felony, alleged between April 1 and July 17.

As part of a plea agreement, Davis pleaded guilty to an amended Count I, attempted tampering with evidence, a Class 1 misdemeanor, and Smith dropped Count II.

After a brief conversation with attorneys, Kube recessed the case while he dealt with several civil cases. When he resumed the case, and after another brief consultation with the attorneys in his Chambers, Kube proceeded to pass sentence.

Smith recommended at least a six-month jail sentence.

“Probation won’t work,” he said. “She’s on probation now.”

Antelope County public defender Pat Carney told the judge Davis has pending charges in Yankton County, South Dakota, with a hold placed when she is released from ACJ. She may also face charges in other counties, according to the attorney, although no charges had yet been filed.

“Her hope and prayer are to get into treatment” Carney said.

He requested “something close to 72 days” in jail.

In answer to his questions, Davis told Kube she had started using meth when she was 18, after tearing her shoulder while pitching softball, that she had recently finished federal parole and that her daughter is now residing with her mother.

“I’m not making excuses, I just want a chance,” Davis said.

“You still have a chance to be a good mother,” Kube said before sentencing Davis to 180 days in the Antelope County Jail, with credit given for 72 days previously served. She will be allowed to sit out $137 costs at the statutory rate.

Davis was remanded to the custody of Antelope County sheriff Robert Moore.

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Jake Short, 23, of Norfolk was also sentenced to jail, along with a 24-month term of SASS probation.

Starting with Count II, theft by unlawful taking, a Class 1 misdemeanor, Kube ordered Short to serve 270 days in the ACJ, with credit for 143 days previously served; restitution of $363 to victim, Joseph Israde; and taxed him $147 costs.

On Count I, attempted possession of a controlled substance, cocaine, Kube ordered a 24-month term of specialized substance abuse supervision, probation that focuses on addiction, including related programming fees of $25 monthly and chemical testing fees of $5 per month and 90 days in ACJ commencing June 29, 2025, if not waived. Kube waived a $30 enrollment fee and further ordered that no overlapping fees will be charged in relation to an existing probation sentence in Madison County.

Reviewing the presentence investigation report, Kube noted forgery arrests that had been dismissed due to plea bargains.

Carney said the forgeries involved checks Short had taken from his mother and grandmother. He indicated the PSI didn’t paint an accurate picture, that Short is on the low IQ/autism spectrum, although he graduated high school with help from special education. The attorney said Short is managing his medications and is pursuing disability and asked the judge to give Short an opportunity at probation.

Since his arrest, Short said he has completed treatment at Sunrise House in Norfolk and has been clean for eight months. He is currently living at Oxford House, where he has employment.

“I was tired of being miserable and dependent on substances to make me numb,” he said regarding the reasons for seeking treatment. “I wanted to be part of my family life.”

“If you talk to any addict, they say the same thing,” Kube said. “Why has it finally worked for you?”

Short said he wanted to be there for his nephew, he regretted hurting his close friend because of his need for substances and he wants to get into long-term treatment.

“If I mess up, I lose everything I have worked for.” Short said. “I have cash from my tax refund to pay restitution…I want to make amends.”

“I preside over drug court for our district, I see drug addicts all the time,” Kube said. “Seems to me you have done a good job, I’m proud of you.”