Fines handed down for alcohol-related convictions

Three defendants recently faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill for driving under the influence of alcohol.

Avery A. Dilsaver, 43, of O’Neill faced Burdick June 11 for sentencing on a DUI charge, a Class W misdemeanor committed in the city in December 2023.

Burdick placed Dilsaver on probation for nine months, fined him $500 and ordered him to serve two days in the Holt County Jail, with credit given for one day previously served. The jail sentence was suspended until June 21. His driver’s license was revoked for one year. He was taxed $105 costs of prosecution and $300 in probation fees. Terms of probation include attendance at one AA meeting per week and completion of recommendations included in a chemical dependency evaluation.

Dilsaver, who was represented by Holt County public defender Rod Smith, pleaded no contest March 19, as part of a plea bargain with Holt County attorney Brent Kelly. In return Kelly dismissed Count II, willful reckless driving.

Dilsaver was arrested by an O’Neill police officer who investigated a crash in O’Neill. According to an affidavit filed by officer Preston Hoffman, a vehicle driven by Dilsaver damaged three parked vehicles. He hit a Ford Focus, then collided with a Chevy Avalanche with enough force to push it into a 2011 GMC Terrain. The officer reported Dilsaver refused to complete field sobriety tests but, after he was medically cleared at the local hospital, consented to a Datamaster test at the Holt County Jail. The result was .247g/210L.

Bradley G. Kohle, 64, of Stuart appeared in front of Burdick on June 4 for arraignment on an amended charge of first-offense willful reckless driving, a Class 3 misdemeanor.

Kohle pleaded no contest, pursuant to a plea agreement with Kelly. In exchange, Kelly had reduced Count I from DUI and dismissed Count II, speeding, 35 mph in a 25-mph zone.

Burdick judged him guilty and fined Kohle $500, revoked his driver’s license for 60 days and taxed him $105 costs of prosecution.

Kohle was arrested March 29 in Stuart by Holt County investigator Steven Binkerd. According to an affidavit filed by Binkerd, Kohle failed several field sobriety tests and blew a .205 on a preliminary breath test. He tested .139 in a Datamaster test at the HCJ at booking.

Kohle was represented by Michael Sholes of O’Neill.

Timothy M. Lester, 55, of Sioux City, Iowa, faced Burdick for sentencing on two counts committed March 1.

Burdick placed Lester on probation for nine months for Count I, DUI, more than .15, a Class W misdemeanor, and Count II, reckless driving, a Class 3 misdemeanor. He was fined $500 on Count I and $250 on Count II and his driver’s license was revoked for one year on each charge, said revocations ordered to be served concurrently. He was taxed $105 costs of prosecution and ordered to pay probation-related fees of $300. He was also ordered to submit to any treatment recommended in an alcohol evaluation.

Lester pleaded guilty to the charges April 15. He was self-represented.

According to an arrest affidavit filed by Holt County deputy Dave Ernst, Lester was arrested four miles west of Emmet after two reporting parties gave statements regarding his erratic driving. Holt County Sheriff Ben Matchett also reported observing Lester’s dangerous driving behavior, including crossing white lines and driving on the solid white line on the edge of the highway. Lester blew a .222 on a preliminary breath test and .229 on a Datamaster evaluation at HCJ.

Jonathan F. Reed, 35, of Lynch pleaded guilty, by waiver, to fishing without a permit, a Class 2 misdemeanor committed May 26 under the Niobrara River Bridge on the south side of the river on 503 Avenue. He was fined $100 and taxed $49 costs. Reed was cited by a Nebraska Game and Parks officer.

Matthew P. Delaware, 24, of Omaha was fined $100 and $49 costs for fishing without a permit at Carney Park Pond in O’Neill. He was cited by a NGPC officer on March 16. Delaware pleaded guilty by waiver.

Christopher M. Dehning, 44, of Gregory, South Dakota, pleaded guilty, by waiver, and was fined $100 and $49 costs for failure to carry fuel permit, a Class 4 misdemeanor. He was cited by a Nebraska State Patrol carrier enforcement officer May 17 north of Atkinson on Highway 11.