Man serves consecutive jail terms for criminal mischief, trespass

Andrew F. Clark, 57, of O’Neill was sentenced by the Honorable Kale Burdick in the Holt County courtroom in O’Neill on April 2, for crimes included in two cases.

He was sentenced to consecutive 30-day sentences in the Holt County Jail for criminal mischief, $1,500 to $4,999, a Class I misdemeanor, and second-degree criminal trespass, a Class 2 misdemeanor that took place July 23, 2023. He was credited for nine days previously served.

In a companion case, that led to the second of his two bond revocations in the first case, Burdick fined Clark $500 for criminal mischief, less than $500, a crime committed Aug. 17.

Burdick also ordered him to pay $50 restitution to the female victim, who submitted a sworn statement that he had squirted an unknown substance at her from a “flesh-colored penis-shaped gun.” She said the substance dried to a white “powdery substance.”

He was taxed $64 costs of prosecution in the first case and $50 in the second. Burdick remanded Clark to the custody of Holt County sheriff Ben Matchett for execution of sentence.

Clark pleaded guilty to the three crimes Feb. 6, as part of a plea bargain with Holt County attorney Brent Kelly. In return, Kelly dismissed counts III and IV in the July 23 complaint, third-degree assault and possession of drug paraphernalia; and counts II and III in the Aug. 17 complaint, possession of marijuana, less than one ounce, and possession of paraphernalia.

In the first case, an O’Neill police officer was dispatched to “an ongoing assault” that was occurring at 49434 865 Road, according to an arrest affidavit filed by the officer. According to the officer’s report, Clark, who had previously been told not to be on the victim’s property, “rushed at the victim,” who is his nephew, and swung with a closed fist, although he missed the victim. The victim then tackled Clark, held him to the ground and called police. Clark’s vehicle, “apparently still running and in gear,” according to the affidavit, rolled into a vehicle belonging to the victim, causing approximately $2,000 damage.

Clark first posted $1,000, 10% of a $10,000 bond, July 24. That bond was revoked Aug. 9 and he was arrested Aug. 10, after he failed to comply with bond terms and repeatedly contacted Kelly’s offices after being instructed to correspond only through his attorney and to present any evidence to Holt County sheriff’s officers. Bond was reinstated at $15,000, 10%, which he posted Aug. 15. It was again revoked Aug. 18, with another warrant served Aug. 19. He then posted $10,000, 10% of $100,000 bond, Aug. 22.

During August, Clark submitted nine written requests to the court, expressing displeasure with the multiple arrests and demanding he be released from jail.

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Breanna G. Vanderford, 26, of O’Neill pleaded guilty, pursuant to a plea agreement, to an amended charge, driving under suspension, a Class 3 misdemeanor committed Feb. 10. She was fined $100 and assessed $50 costs. Kelly reduced the charge from driving under revocation, a Class 2 misdemeanor.

She was cited in O’Neill.

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Tumba A. Tambewe, 32, Irving, Texas, pleaded guilty, by waiver, to a Class 4 misdemeanor, fail to have or carry fuel permit. He was cited March 3 near mile marker161, south of the Chambers turnoff on Highway 281.