Holt County judge sends three men to state prison

The Honorable Mark Kozisec handed down prison sentences during the Sept. 27 Holt County district court session at the courthouse in O’Neill.

Jairo R. Welsh Sr., 30 of Scottsbluff was sentenced to serve three years in a facility under the jurisdiction of the Nebraska Department of Corrections for his conviction of child abuse, a Class 3A felony committed in August 2022.

His imprisonment will be followed by an 18-month term of post-release supervision and he was taxed $195.14 costs of prosecution. He was given credit for 297 days previously served in the county jail.

Provided he loses none of his good time, Welsh must serve 18 months, less the 297 days, before obtaining mandatory release.

He was remanded to Holt County sheriff Ben Matchett’s custody, to be transported to the Nebraska Penal and Corrections Complex at Lincoln.

“It is almost beyond comprehension why an adult would seriously hurt a 2-month old baby,” Kozisec journaled. “His explanation regarding (the baby’s) injuries are nothing (but) blame shifting and shallow. But it would be difficult to admit that you abused a child to the extent (of) breaking ribs and displacing the tongue due to swelling from other injuries.”

Welsh, who was represented by Holt County public defender Rod Smith, entered a no contest plea June 14, to the single felony contained in an amended information filed by Holt County attorney Kelly as part of a plea agreement. Welsh also agreed, as part of the agreement, to enter no contest responses to petitions filed in two juvenile cases pending in Holt County court and to stipulate transfer of the juvenile cases to district court. He also agreed to Matteah Barelman, mother of the couple’s two children, being given sole legal and physical custody of the children.

Kelly agreed not to seek to enhance sentence, subject to the habitual criminal statute; to file no additional charges arising from the facts in the case nor in the two related juvenile cases; to dismiss a protection order violation case pending in Holt County court, that was alleged after Welsh was released on bond in January; and not to seek termination of Welsh’s parental rights.

Welsh was arrested Nov. 23, 2022, following an investigation by Holt County sheriff’s officers. The investigation began when Holt County sheriff Ben Matchett was contacted by staff at Children’s Hospital in Omaha, reporting suspicious injuries to the infant.

According to a probable-cause affidavit filed by Holt County investigator Steven Binkerd, Welsh was the only individual with the opportunity to inflict the injuries.

The baby had been taken to St. Anthony’s Hospital in O’Neill by Welsh and Barelman and subsequently transferred to Children’s, with a swollen, purple mouth.

At the O’Neill hospital, the infant was found to have a swollen sublingual cavity (under the tongue) which displaced her tongue toward the hard pallet of her mouth. The infant could not take a pacifier nor a bottle due to the injury, according to the affidavit. At the Omaha hospital, additional X-rays revealed multiple rib fractures in various stages of healing. Doctors indicated the explanations given by the parents were inconsistent with the injuries.

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Adam J. Mittelstaedt, 45, of Norfolk was committed to a facility under the jurisdiction of the corrections’ department for his conviction of five crimes.

He received between five and 15 years for possession of a firearm by a prohibited person, a Class 1D felony. In addition, he was ordered to serve one to two years for each of three counts of attempted possession of a firearm, Class 2 felonies, and 12 to 13 months for possession of a controlled substance, psilocybin, a Class 4 felony. Credit was given for 168 days previously served in the county jail. The sentences are ordered concurrent to each other. He was taxed $137 costs of prosecution.

Assuming no good time is lost, Mittelstaedt must serve four years, less 168 days, before he is eligible for parole and nine years, less 168 days, before attaining mandatory release.

Mittelstaedt was remanded to the custody of Matchett for transport to the Lincoln penal complex.

Mittelstaedt, who was represented by Smith, pleaded no contest June 14 to the five counts.

The original information, filed by Kelly on Jan. 6, alleged eight felonies, four misdemeanors and an infraction - four counts of possession a firearm by a prohibited person, possession of a deadly weapon while committing a felony, possession of a controlled substance and possession of a short rifle, all felonies; carrying a concealed weapon, failure to display plates, no proof of financial responsibility and improper vehicle lighting, all misdemeanors; and occupant protection violation, an infraction.

According to a probable-cause affidavit filed by O’Neill police officer Robert Jensen, Mittelstaedt was pulled over Nov. 18, 2022, for driving without lights. He was then arrested on an active Madison County warrant and his pickup was impounded.

The weapons were found by another O’Neill officer and a Nebraska State trooper during inventory of the vehicle at the impound site.

One of the weapons, found behind the driver’s seat, had a suppressor that was not permanently attached and, without the suppressor, measured only 15 inches. In addition, the short rifle was reported stolen out of Norfolk.

A chocolate bar containing psilocybin was also found in the truck and the license plates did not match the vehicle.

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William E. Koutsoumpas, 61, of O’Neill was sentenced to 30-months imprisonment for his conviction of third-offense driving under the influence of alcohol, high test, a Class 3A felony committed Jan. 21. Credit was given for four days previously served and incarceration will be followed by 18 months post release supervision. Kozisec also fined him $1,000 and revoked his driver’s license for 15 years.

He was fined $10 and $300, respectively on two infraction counts, an open container violation and possession of marijuana, and was taxed $147 costs.

Provided he loses no good time, Koutsoumpas must serve 15 months, less the four days before obtaining mandatory release.

Koutsoumpas pleaded no contest July 24, pursuant to a plea bargain with Kelly, who reduced the DUI charge from fourth offense, which is a Class 2A felony. He was represented by Michael Sholes of O’Neill,

Koutsoumpas was remanded to the custody of Holt County sheriff Ben Matchett, to be transported to the Lincoln penal complex.