O'Neill man sentenced to three 10-to-20-year prison terms

An O’Neill man will spend at least five years in prison.

Cody L. Kizzire faced the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill last Tuesday, June 3, to be sentenced for three Class 2 felony counts of first-degree sexual assault of a minor.

The 39-year-old was sentenced to three concurrent 10-to-20-year prison terms for the sexual assault of a minor, committed between April 1 and June 30, 2022.

Kizzire was given credit for 284 days served prior to sentencing. If he loses none of his good time, he must serve five years, less 284 days before attaining parole eligibility and 10 years, less 284 days before attaining mandatory release from prison. In addition, he will be required comply with conditions of the Sexual Offender Registration Act and will be required to undergo a civil commitment evaluation before his release from prison, to determine whether he is a dangerous sex offender.

Kozisec remanded Kizzire to the custody of Holt County sheriff Ben Matchett to be transported to a facility under the jurisdiction of the Nebraska Department of Correctional Servicrs for execution of the sentence.

In reviewing circumstances of the crimes and information in a presentence investigation, Kozisec noted: “To some extent he tends to place some blame on a 15-year-old...He was intent on satisfying his desires and gave little though to the harm he caused...The court’s focus is not so much on the recurrence of the behavior but how it could have began in the first instance.”

Kozisec found that imprisonment was necessary for the protection of the public, that there is some risk that the defendant would engage in additional criminal conduct and he is in need of correctional treatment.

Kizzire pleaded no contest to the three counts March 11, pursuant to a plea deal with Holt County prosecutor Brent Kelly, who reduced the charges from Class 1A felonies to Class 2 felonies and agreed to file no additional charges in the case.