Elgin man pleads guilty after plea deal reached

Robert J. Suhr, 24, of Elgin, faced the Honorable James Kube in the Antelope County district courtroom in Neligh, on Dec. 20 for pretrial on two charges, Count I, child abuse, a Class 3A felony, and Count II, third-degree domestic assault, a Class 1 misdemeanor.

A plea agreement with Antelope County Attorney Joe Smith was announced and Kube re-arraignmed Suhr on charges in a new complaint filed by Smith, specific to Count I, child abuse/neglect, a Class 1 misdemeanor that carries a penalty up to one year imprisonment and/or up to a $1,000 fine, compared to the original Class 3 felony charge which had a potential for up to three years and/or up to $10,000 fine.

Suhr pleaded guilty to both counts committed Sept. 2, 2023.

Kube ordered a presentence investigation report to be prepared by the probation office and set sentencing Feb. 28. Bond is continued at $10,000, 10% cash. Conditions of bond were amended to allow contact with the victim, who agreed to the amendment.

Suhr is represented by Brad Ewalt of Norfolk.

Christopher Barta, 29, Irene, South Dakota, appeared for arraignment alongside his court appointed attorney, Martin Klein of Neligh, on two Class 2A felony counts.

Barta pleaded not guilty to Count I, conspiracy to commit theft by unlawful taking, and Count II, conspiracy to commit criminal mischief.

Kube set pretrial hearing for Jan. 31 and a jury trial for Feb. 20. Bond is continued at $25,000, 10%.

If convicted, Barta faces up to 20 years of incarceration on each count, in addition to restitution. There is no minimum penalty.

Barta was arrested July 28, 2023, in South Dakota on an Antelope County warrant, accused of conspiring with others to steal wiring from area irrigation systems last spring and summer.

Jay L. Herrera, 22, of Vermillion, South Dakota, appeared for a bond hearing on a failure to appear charge.

Klein, who was appointed to represent him in his original case, said he was not aware that his client had been arrested until that morning. He requested bond that was revoked in October 2023, be reinstated and asked that the hearing be continued. Smith objected to reinstatement of bond, requesting a significant increase in the previous $10,000, 10%. Kube set bond at $30,000, 10%.

Herrera was arrested in Dodge County on Dec. 12, 2023, and transferred to the Antelope County Jail on a warrant issued Nov. 15, after he failed to appear for pretrial hearing in October. He was charged with making terroristic threats, a Class 3 felony alleged June 7.

Kube set pretrial hearing Jan. 31 and jury trial, Feb. 20.