Sentencing continued for Elgin man who tests positive before court appearance

The Honorable James Kube issued a bench warrant for Christopher B. Brady, 33, of Elgin, for failure to appear for sentencing in Antelope County District Court on Oct. 30.

Brady originally was scheduled for sentencing on a charge of third-degree assault - domestic, a Class I misdemeanor, on Sept. 25, but was unable to provide a sample for a chemical test and admitted he would test positive for THC.

At the time, public defender Pat Carney requested a continuance after explaining that Brady was scheduled for a medical procedure on Oct. 3.

Kube revoked bond until the next day, with the condition that Brady would provide a sample for chemical test. Later, on Sept. 25, Brady provided a sample, which tested positive for THC, methamphetamine, oxycodone and opiates.

Joaquin Santos Echeverria, 29, of Brenham, Texas, appeared for sentencing on one count of criminal attempt - possession of methamphetamine with intent to deliver (more than 28 grams), a Class II Felony.

Kube sentenced Escheverria to a not less than four years nor more than six years in jail, with credit for 255 days previously served in the Antelope County Jail. Kobe also ordered drug and alcohol treatment be provided during incarceration.

Escheverria was ordered to pay $137 in court costs. Bond was exonerated after payment of fines and costs. The defendant was remanded to the Antelope County Sheriff’s Department.

Douglas J. Jacobs, 32, of Oakdale, appeared for sentencing for one count of possession of methamphetamine, a Class IV felony and second-degree trespassing, a Class III misdemeanor.

Smith informed Kube that Jacobs was unable to provide a chemical test prior to sentencing. Kobe ordered Jacobs to remain at the courthouse until a sample was available. Once provided, Smith said the sample tested positive for methamphetamine and amphetamine.

Pat Carney, representing Jacobs, requested sentencing proceed. Smith objected and Kube denied the request and revoked bond.

Jacobs was remanded to the Antelope County Sheriff until he was able to submit a negative test for any controlled substances.

Sentencing took place Monday, Nov. 4. On Count 1, Kube ordered Jacobs to serve 15 months in an institution under the jurisdiction of the Nebraska Department of Corrections, with credit for 11 days previously served, followed by one year of post-release supervision. Drug and alcohol treatment is to be provided while Jacobs is incarcerated.

On Count 2, Jacobs was ordered to serve 30 days in jail, consecutive to Count I. Kube also ordered the defendant to pay $137 in court costs.

Jacobs requested his report to serve his jail sentence on Nov. 8. Smith objected and Kube overruled the defendant’s request. He was remanded to the Antelope County Sheriff’s office.