Offenders admit wrongdoing

Several defendants either admitted to committing crimes or allowed themselves to be found guilty by pleading no contest when they faced the Honorable James Kube in the Antelope County district courtroom in Neligh last Wednesday, Jan. 31,

Plea bargains with Antelope County Attorney Joe Smith were announced in five cases, with defendants set for sentencing March 27.

Koda Fernau, 19, of Stanton appeared with his court-appointed attorney, Ryan Stover, of Norfolk, charged with a Class 3A felony, terroristic threats, related to . He pleaded guilty to an amended count, third-degree assault (threaten another in a menacing manner), a Class 1 misdemeanor, and there will be a joint recommendation for a probation sentence. Bond is continued, in the amount of $30,000, 10% cash.

Fernau’s charges stemmed from actions committed in September, 2022. While riding on a Summerland bus Sept. 2, he commented about purchasing a firearm and, while at work in Neligh on Sept. 9, threatened to “shoot up” a Summerland bus.

Christopher Barta, 29, Irene, South Dakota, appeared alongside his court appointed attorney, Martin Klein of Neligh, on two Class 2A felony counts, conspiracy to commit theft and conspiracy to commit criminal mischief. Pursuant to the plea bargain, Barta pleaded guilty to a single charge, aiding the consumption of a felony, a Class 4 felony. Smith also agreed to file no additional charges in the case but will be free to make recommendations at sentencing. The new charge carries a potential for up to one year imprisonment and up to a $1,000 fine, compared to up to 20 years on each of the two original charges.

Bond is continued at $25,000, 10%.

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.

Max Kerkman, 35, of Oakdale appeared alongside his attorney, Brad Montag of Norfolk, on a pair of Class 4 felony drug charges, Count I, possession of methamphetamine and Count II, possession of oxycodone. Pursuant to the plea deal, Kerkman entered a guilty plea to Count II and Smith dismissed Count I. There was no specific agreement on sentence. Bond is continued, in the amount of $20,000, 10%.

Kerkman was arrested following a June 6, 2023, federal probation search at his Oakdale residence.

Matthew Williams, 52, of Omaha appeared alongside Antelope County public defender Pat Carney. He pleaded no contest to Count II, terroristic threats, a Class 3A felony, and Count III, third-degree assault, a Class 1 misdemeanor, both committed in June 2022 in Neligh. In return, Smith dismissed Count I, a Class 1C felony, using a deadly weapon to commit a felony. There is no specific agreement on sentencing. Bond is continued in the amount of $50,000, 10%.

Jay L. Herrera, 22, of Vermillion, South Dakota, appeared with his court-appointed attorney, Martin Klein, of Neligh, with felony charges in two cases. A Class 3A charge of terroristic threats was reduced to third-degree assault (threaten another in a menacing manner), a Class 1 misdemeanor. Herrera pleaded guilty to the charge and to failure to appear, a Class 4 felony committed Oct. 25, 2023. Pursuant to the agreement, Smith will recommend six-month terms of incarceration on each count.

No additional charges related to the incidents will be filed. Hererra was remanded to the custody of Antelope County sheriff Bob Moore pending posting of bonds, in amounts of $30,000, 10% and $10,000, 10%.

Herrera was arrested after he threatened individuals related to possession of a computer.