South Dakota men sentenced to prison, ACJ

Two South Dakota men were sentenced to prison last Wednesday, March 27, by the Honorable James Kube in the Antelope County district courtroom at the courthouse in Neligh.

Christopher Barta, 29, Irene, was sentenced for aiding the consumption of a felony.

Kube sentenced Barta to one year in a facility under the jurisdiction of the Nebraska Department of Correctional Services, the maximum jail sentence allowed for the Class 4 felony. He must serve at least six months before his mandatory release. Barta received credit for 65 days previously served in the Antelope County Jail and was assessed $157 costs.

He pleaded guilty to the charge Jan. 31, after reaching a deal with Antelope County Attorney Joe Smith. The amended charge carried a potential for up to one year imprisonment and up to a $1,000 fine, compared to up to 20 years on each of two original Class 2A felony counts, conspiracy to commit theft and conspiracy to commit criminal mischief.

Barta told the judge he was involved in the theft of wire from irrigation systems to help his “ex” who needed the money.

“I can’t understand for the life of me, why you would do this,” Kube replied. “I don’t know why she wasn’t convicted of theft.”

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

A co-defendant, Kailee Davis of Neligh, was sentenced in September 2023, to 180 days in the county jail for attempted tampering with evidence, a Class 1 misdemeanor. Antelope County public defender Pat Carney told the judge in September that Davis had pending charges in Yankton and would be arrested when she was released from jail on the Antelope County charge.

Barta and Davis were also recently charged with similar crimes in Cedar County. Barta was sentenced there last week, to two years of probation for criminal mischief and ordered to pay $8,550 restitution, the estimated cost to repair damage to an irrigation system.

A warrant was issued for Davis’ arrest on criminal mischief and theft allegations related to the theft of wire from multiple spans of irrigation systems in Cedar County, with estimated damages allegedly totaling more than $50,000.

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Jay L. Herrera, 22, of Vermillion faced Kube for sentencing in two cases.

When question about previous unsuccessful probation sentences, he said, “I’m a violent person I guess.”

He said he had seen a counselor and was learning to deal with his quick temper in addition to receiving medication for mental health diagnoses.

“I feel more stable, more calm,” he said.

Antelope County Attorney Joe Smith recommended concurrent six-month jail sentences for third-degree assault (threaten another in a menacing manner), a Class 1 misdemeanor committed June 7 in Neligh, when Herrera threatened individuals related to possession of a computer.

Kube sentenced him to six months in ACJ on each charge, to be served concurrently. He was given credit for 18 days previously served in the assault case and 105 days in the failure to appear case. He was taxed $137 costs.

Herrera pleaded guilty per terms of a plea agreement with Smith on Jan. 31.

Martin Klein of Neligh served as court appointed counsel for both Barta and Herrera. Both were remanded to the custody of Antelope County sheriff Bob Moore for execution of their sentences.