Orchard man waives right to attorney, pleads guilty to DUI

Hector A. Perez, 46, of Orchard appeared in front of the Honorable Donna Taylor in the Antelope County courtroom in Neligh last week on a charge of driving under the influence of alcohol, second offense, a Class W misdemeanor committed April 23, one mile west of Royal.

Perla Alarcon-Flory appeared as interpreter, via Zoom. Perez waived his right to counsel. His waiver was verified by Taylor, through Alarcon-Flory, numerous times during the hearing. She asked if he had ever been represented by counsel in the past.

“Si,” he answered.

He also answered affirmatively when asked if he understood that, if convicted, he could be removed from the United States.

He pleaded guilty. When asked by Taylor if his alcohol consumption affected his ability to safely operate a vehicle, Perez answered, “Si.”

If convicted of the offense, Perez faces between 30 days and six months in jail, a $500 fine and 18-month driver’s license revocation. If probation is ordered, he would still face10 days in jail, the $500 fine and 18-month revocation.

Taylor set sentencing and an enhancement hearing June 5. Bond is continued, in the amount of $10,000, 10%.

According to Antelope County Attorney Joe Smith, Perez was “very intoxicated,” when on April 23, he lost control of the van he was driving, went in the ditch, then got back on the road and proceeded in the wrong lane before the vehicle rolled.

“He was actually cited originally with resisting (arrest),” he said. “(The) officer wasn’t sure if (it was) resisting or (if he was) just too drunk to understand.”

Smith said no test was done at booking, “the officer though he needed to get down somewhere or he would collapse, which he did.”

Moore, in an arrest affidavit, wrote, “The vehicle traveled another 14 feet when it left the road a second time, this amount of footage resulting in (the) rollover determines that Hector was way over the speed limit and was operating the vehicle with a wanton disregard for oncoming traffic.”

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Marta Yanes-Cambara, 54, of Neligh, appeared on offenses in two cases, a Class 4 felony, issue bad check-aggregate, including three checks allegedly written between May 30 and June 2, 2023, to Thriftway Market in amounts of $1,052.40, $740.81 and $354.3, and a Class 3 misdemeanor, disturbing the peace, alleged Jan. 3, appeared in front of Taylor.

Alarcon-Flory appeared as interpreter via Zoom.

If she is convicted of the crimes, Yanes-Cambara faces up to $10,000 fine and up to two years imprisonment, along with restitution, on the felony bad check charge and up to $500 fine and/or up to 90 days in jail on the disturbance charge.

Yanes-Cambara requested court-appointed counsel in both cases. Taylor appointed Antelope County public defender Pat Carney and set the cases for further hearings May 15. Yanes-Cambara was remanded to Moore’s custody, pending posting of $10,000, 10%. Taylor amended bond, reducing it from $30,000, 10%, to $10,000, 10%, after hearing comments from Smith.

“I anticipate once he (Carney) talks to his client, he will have some concerns on competency,” the prosecutor said.

Taylor told Yanes-Cambara, “I set bond at $10,000, 10%, and ppointed attorney. If he wants to have a bond review hearing before (your next) court date, he will contact the court.”

Yanes-Cambara has a history of failing to appear and has been arrested and subsequently filed $10,000 personal recognizance bond on three recent occasions.

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Austin R. Bertschinger, 31, of Oakdale appeared for arraignment on a count of driving under suspension, alleged April 5. Bertschinger requested court-appointed counsel. Taylor appointed Carney and set further arraignment for May 15. Bond in the amount of $1,500, personal recognizance, is continued.

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Preliminary hearing is continued to May 15 for Matthew R. Thomas, 37, of Neligh, who is accused of a Class 3A felony, child abuse, alleged between Oct. 1 and Oct. 31, 2021. The motion to continue, filed by Thomas’ attorney, Michelle Schlecht of Norfolk, indicates additional time is needed to finalize plea negotiations with Smith.

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Arraignment was again continued for Julius Tauber, 21, Camp Lejune, North Carolina, on two Class 3 misdemeanor counts of intimidation by phone call, alleged Sept. 17-18, 2022. He is now set for arraignment June 5. Tauber is represented by Douglas Stratton of Norfolk.

The complaint was filed nearly one year ago by Smith, on June 12, 2023. Tauber has yet to appear in the county courtroom on the allegations. He filed a written not guilty plea in January and, according to the judge, acknowledged in writing that multiple continuances do not count against the state’s responsibility to provide a speedy trial.