Judge orders probation, fines for drug, alcohol offenses

James L. Palik, 23, of O’Neill faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill on April 9, for sentencing on nine counts committed Dec. 7, 2023.

Burdick sentenced Palik to a 12-month term of probation for attempted possession of a controlled substance (concentrated THC), a charge that was reduced from a Class 4 felony, pursuant to a plea agreement.

As part of the probation conditions, he was ordered to serve 24 days in the Holt County Jail unless waived; obtain a chemical dependency evaluation and complete any treatment recommended; attend two AA meetings per week; obtain AA/NA sponsor; and pay $390 probation fees.

He was fined for the remaining eight counts, $300 for possession of marijuana, an infraction; and $100 each for seven infraction counts of possession of drug paraphernalia. He was taxed $50 costs of prosecution.

Palik pleaded no contest to the offenses Feb. 20, as part of the agreement. He was represented by Holt County public defender Rod Smith.

Travis Dusatko, 43, of Atkinson was also sentenced by Burdick.

Dusatko was fined $500 and received a six-month probation sentence for his conviction of reckless driving, first offense, a Class 3 misdemeanor committed Jan. 6. Terms of probation include payment of $210 in fees and he was taxed $105 costs.

Dusatko, who was represented by Ron Temple of Norfolk, was originally charged with driving under the influence of alcohol, second offense, high test, after a Holt County. investigator observed him strike the front end of a vehicle that was pulling him out of a ditch. In an arrest affidavit, the officer said Dusatko didn’t take his foot off the gas after impact. According to the affidavit, Dusatko blew a .213 on a preliminary breath test and .157 on a Datamaster test when he was booked at the Holt County Jail. The officer reported the defendant fell asleep while being transported to the jail and noted he was “cooperative, respectful and polite throughout the entire encounter.”

Dusatko pleaded guilty to the amended count as a result of a plea deal with a special prosecutor and his attorney withdrew a motion in limine.

Hannah Knox Jensen was appointed to serve as prosecutor by Burdick after Holt County attorney Brent Kelly was disqualified.

Kevin R. Thomas, 68, of Forestburg, South Dakota, pleaded guilty, by waiver, to Count I, no valid registration and Count II, failure to have or carry fuel permit. He was fined $200 and $100, respectively, and taxed $49 costs for the April 2 offenses. Thomas was cited near mile marker 183 on Highway 281 by a Nebraska State Patrol carrier enforcement officer.

Levi C. Sowards, 30, of Hosmer, South Dakota, pleaded guilty, by waiver to five counts. He was fined $100 each for driving commercial vehicle without CDL and not carrying fuel permit and $50 each for unlawful/ficticious display of plate, no trip permit and a CMV marking violation. He was taxed $49 costs. Sowards was cited March 3 near mile marker 167 on 281 by a NSP carrier enforcement officer.

A suspension request was sent to the Department of Motor Vehicles on Medina N. Medina aka Noel Medina, 44, of Katy, Texas, who failed to appear on two CMV violations in February. He was cited by a carrier enforcement officer with December 2023misdemeanor charges, driving CMV without CDL and no log.

Burdick issued a warrant for the arrest of Alexander Garcia II, 22, of Fullerton, California, who failed to appear March 11 for arraignment on four three misdemeanors, speeding, 11-15 mph more than the posted limit; possession of less than one ounce of marijuana; possession of drug paraphernalia; and a Class 4 felony, possession of a controlled substance (psilocyn).