Two sentenced to probation on assault convictions

The Honorable James Kube handed two defendants, who had been convicted of two misdemeanor counts apiece after accepting plea deals in August, concurrent 18-month probation sentences during the Oct. 25 session of Antelope County district court at the courthouse in Neligh.

They were also informed of their right to petition the court to have their convictions set aside after successful completion of their probation.

Jordan Knievel, 22, of Neligh faced Kube for sentencing on two Class 1 misdemeanors, third-degree assault and obstruction of a peace officer.

Knievel’s terms of probation include 90 days on a continuous alcohol monitor; 90 days in the Antelope County Jail before the end of probation unless waived by her probation officer and payment of $570 in probation fees. She was taxed $148 costs of prosecution.

Knievel, in response to questioning by the judge, said she didn’t recall everything that happened April 2, while she was working at Cubby’s in Neligh.

She also didn’t remember everything that happened after her shift ended, but admitted she had consumed alcohol while at work.

She said her mental health had been “all over the place” and she was socializing with the wrong crowd. She blamed the decision to consume alcohol at work on a new mental health drug she had been prescribed, and her behavior that night on a combination of the two.

She replied that she hadn’t started drinking until her 21st birthday but admitted marijuana use beginning during high school as well as use of cocaine during the month or so preceding her arrest.

She said she felt she was “getting back on track,” doing well at her job and getting along well with her parents.

Antelope County Attorney Joe Smith did not oppose probation. He said Antelope County officers supported Knievel.

Antelope County public defender Pat Carney told Kube that the incident had been a “blessing” for his client, who had reached out for help immediately.

“If it hadn’t ended like it did, she wouldn’t be where she is today,” he said.

Carney said Knievel had written a letter of apology to the officers and he asked Kube to take into consideration her upcoming sentencing for felonies committed in Madison County at about the same time.

Originally charged with a Class 3 felony, assault on a peace officer and two Class 1 misdemeanors, false reporting and the obstructing charge, Knievel pleaded guilty to the amended charges in August, as part of a plea agreement.

Ethan Moses, 20, of Chambers faced Kube for sentencing on his conviction of two Class 1 misdemeanor counts of third-degree assault.

Moses’ terms of probation include 90 days in the county jail, 30 days immediately and the remaining 60 days before the end of probation, unless waived by the court; continued counseling and Mental health treatment services; completion of several classes through the probation office, including anger management; no contact, neither direct nor indirect, with the victim; and payment of $570 in probation fees.

Although Moses indicated he does not drink alcohol or use illegal substances, Kube ordered him to obtain an alcohol/drug evaluation and complete any recommendations. He was taxed $176.96 costs.

Smith cited Moses’ age and told the judge that, although Moses has no criminal history, he didn’t just send texts one night, he had sent threatening text messages “over and over.”

“There has to be some significant punishment,” the prosecutor said.

Carney said Moses had cooperated with officers, had been seeing a counselor since shortly after the incident and his counselor indicated he was “doing well.” The defense attorney said the victim’s family had only asked that a no contact order continue. He requested a probation sentence and asked that any jail time be waiverable throughout probation.

Moses, when questioned by Kube, said he didn’t know why he had sent the messages to his former girlfriend, threatening her and her family.

“I was angry at the situation,” he said. “I guess I just snapped.”

He agreed with Kube that the victim and her family could have been scared he would carry out the threats and he admitted having anger issues. He said he was seeing a counselor.

Kube said he agreed Moses had a level of immaturity and acknowledged his seeking counseling. “Sometimes victims suffer mental issues, then they need counseling,” the judge lectured. “Relationships and breakdown of relationships, particularly with a significant other, can have drastic effects.”

Moses was remanded to the custody of Antelope County sheriff Bob Moore to serve the first 30-day stint in jail.

Moses, who was originally charged with terroristic threats, a Class 3 felony, and intimidation by telephone call, a Class 3 misdemeanor, pleaded guilty to amended charges in August after reaching a plea bargain with Smith.