Atkinson man sentenced to jail in two cases

An Atkinson man was recently sentenced to a total of 28 days in the Holt County Jail when he was sentenced in two separate cases, one for trespassing after a plan to steal electronics was interrupted and one for driving under the influence of alcohol, when he ignored an officer who advised him not to drive.

Dwayne K. Butler, 28, appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Nov. 21.

On his conviction of first-degree criminal trespass, a Class 1 misdemeanor committed July 17, Burdick sentenced Butler to 21 days in the Holt County Jail, with credit given for one day previously served.

Butler pleaded guilty to the offense Oct. 10, pursuant to a plea agreement with Holt County attorney Brent Kelly, who dismissed a felony count of attempted burglary.

According to an arrest affidavit filed by an O’Neill police officer, police were called to an apartment by a 16-year-old resident who reported two men had entered the apartment without permission.

While he was in a bedroom, he overheard the men enter the living room and discuss plans to steal a PlayStation and a television.

Following an investigation, arrest warrants were served on two men who lived in the same building, Butler and co-defendant Gerald C. Strackbein, 32, who was sentenced for his part in the crime Nov. 7.

Burdick sentenced Butler to an additional seven days in the county jail, with credit for one day previously served, for DUI, committed Sept. 4. He was also fined $500 and his driver’s license was revoked for six months.

The jail sentences were ordered to be served consecutively.

According to an affidavit filed by an O’Neill police officer, police were dispatched to the Golden Hotel in O’Neill, where Butler resided, after he had allegedly thrown an object out of his pickup window, shattering the object, then got out of the vehicle and began throwing items from the back of his pickup into one parked next to it. The officer reported Butler was unable to maintain his balance, his eyes were “bloodshot and glassy” and he was advised not to drive. Butler became agitated when he was told by the apartment manager that he was being evicted in 24 hours. The officer again told him not to drive but Butler got in his pickup and drove away. The officer pursued and pulled Butler over. Butler failed field sobriety tests, blowing a .150 on a preliminary breath test, and later .139 when he was booked into the county jail.

Butler was represented by Smith in the trespassing case and was self-represented in the DUI case.

Stephanie A. Brown, 33, of Davenport faced Burdick for arraignment on four counts. Brown waived her right to counsel and pleaded guilty to Count II, drive under suspension/before reinstated, a Class 3 misdemeanor, and Count III, no proof of financial responsibility, a Class 2 misdemeanor. Kelly dismissed Count I, speeding, and Count 4, no valid registration (expired in transits).

Burdick fined Brown $100 and $75, respectively, and taxed her $50 costs.

Brown was arrested by a Holt County deputy Sept. 19, on the east edge of O’Neill.