Judge orders arrest of man who failed to appear in court

Jay L. Herrera, 22, of Vermillion, South Dakota, failed to appear in the Antelope County district courtroom in Neligh last week for a pretrial hearing on a charge of making terroristic threats, a Class 3 felony alleged June 7 in Neligh.

His court-appointed attorney, Martin Klein of Neligh, asked the judge to continue the hearing. Klein said he had no way to contact his client but he had talked to the defendant’s “now ex-girlfriend,” who told him Herrera has no phone. Smith objected. The Honorable James Kube denied the request, revoked Herrera’s $10,000 bond and ordered a bench warrant.

Herrera had tested hot for THC during his arraignment hearing in September, was incarcerated overnight and allowed to appear the following day, electronically, in front of Kube, who was presiding from the bench in Madison County.

Koda Fernau, 19, of Clearwater had his pretrial hearing continued after a pre-court drug test was positive for THC. Kube revoked Fernau’s $25,000, 10%, bond until 9 a.m. the following morning, when it was to increase to $30,000, 10%, and remanded him to the custody of Antelope County sheriff Bob Moore.

The hearing is continued to Nov. 29, with a jury trial still on the Dec. 12 docket. Fernau posted the additional $500 cash Oct. 26. Fernau, who is represented by court-appointed attorney Ryan Stover of Norfolk, is accused of terroristic threats, a Class 3 felony alleged Sept. 2, 2022.

Robert J. Suhr, 24, of Elgin appeared, along with his attorney, Brad Ewalt of Norfolk, for arraignment on a Class 3 felony that was bound over from Antelope County district court, child abuse, and a Class 1 misdemeanor that was direct-filed in district court, third-degree domestic assault, both alleged Sept. 2, in Elgin.

If convicted, Suhr faces up to three years of incarceration and/or up to $10,000 fine on Count I and up to one year and/or up to $1,000 fine on Count II.

Suhr pleaded not guilty and requested jury trial. Pretrial hearing is set Nov. 29 and jury trial, Feb. 20, 2024. Bond is continued, in the amount of $10,000, 10%, with conditions including no contact with the alleged domestic assault victim or her children.

Matthew P. Williams, 52, of Neligh had his pretrial hearing continued on three counts alleged June 21, use of a firearm to commit a felony, a Class 3 felony; terroristic threats, a Class 3 felony; and third-degree assault, a Class 1 misdemeanor. His jury trial remains on the Dec. 12 docket.