Four individuals were sentenced during Antelope County District Court proceedings Wednesday, May 22. Honorable Judge James Kube presided.
Two received jail time including a 24-year-old man from Neligh.
Gordon Davidson, incarcerated in the Antelope County Jail, was sentenced to a term of not less than three, nor more than four years, in the Nebraska Department of Corrections for attempted possession of a firearm by a prohibited person.
Kube told Davidson the presentence investigation report included a lengthy criminal history.
“There are some fairly significant crimes you’ve committed here,” Kube said. “There is a lot of thefts. For a person your age, it’s not a good thing. You’re at a point in your life you’re going to have to make some decisions.”
Court-appointed defense counsel Pat Carney said Davidson doesn’t have a clear memory of taking and using the firearm “because he was on drugs.”
The judge questioned Davidson’s drug use and asked how often he used methamphetamine.
Davidson, the father of three children ages two years, one year and four months, said the baby came two and one-half months early.
“I started getting stressed out.”
Kube said Davidson needs to get to a point where he won’t use methamphetamine.
“You might as well jump in bed and pull the covers over your head because the problems don’t go away,” Kube said. “Those kids need a good dad in their life. They need a dad who’s going to be there for them.”
Antelope County Attorney Joe Abler called the case “troubling.” He said he wasn’t in favor of taking a father away from a family but this case is different.
“This is a felon committing a crime with a firearm he’s prohibited to have. It’s a double whammy,” Abler said.
Davidson indicated he had spoken with counseling services about the possibility of in- or outpatient treatment and told the judge he would like one chance to show his children he can be a good citizen.
Kube said if the charges were for possession of a controlled substance, a lesser sentence might be appropriate.
“We’re not even here on possession, we’re here on theft of a fireman, down to a Class IIA felony and that’s a serious situation."
Kube ordered mandatory drug and alcohol counseling and Davidson was remanded to the custody of the Antelope County Sheriff’s department.
Jacob Boutwell, age 40, of Oakdale, appeared personally and with court-appointed counsel Pat Carney for sentencing on a charge of possession of methamphetamine.
A chemical test of his urine prior to court showed a positive test for THC.
Kube discussed the result with Carney and both agreed the case could proceed.
Boutwell apologized to the court for using marijuana recently. “It was a spur of the moment thing and I am sorry about that,” he said.
Kube reviewed the presentence investigation and said, “You have a lot of convictions in your criminal history regarding marijuana. You love smoking pot,” said Kube.
He told Boutwell he should move to a state that allows the substance. “Save up your money and move to Colorado.”
Abler called Antelope County Sheriff Robert Moore to the stand.
Moore testified that on April 23, an incident occurred in Casey’s General Store while he was in the convenience store.
Boutwell entered the store and purchased a “tall-boy” beer, according to Moore.
Moore said he knew Boutwell was on bond and wasn’t supposed to be using alcohol.
Moore said he has obtained receipts from Casey’s, of Boutwell’s purchase of beer, “usually on days he rides his bicycle from Oakdale” to the Antelope County Jail in Neligh to visit his wife, who is a prisoner there.
Carney said Boutwell wasn’t aware that no alcohol was a condition of bond.
Boutwell requested to be placed on probation and Kube agreed.
He sentenced him to an 18-month period of SASS probation, abstain from alcohol, pay associated chemical testing fees, court costs, serve 30 days in jail with credit for 57 days served, obtain a drug and alcohol evaluation and obtain a sponsor within 30 days.
• Christopher Shawn, age 38, of Wellington, Kan., appeared personally and with his attorney Ron Temple for sentencing on a charge of driving under the influence, third offense. Kube reviewed the presentence investigation. “I look at your criminal history and its all alcohol related.”
“It’s a problem I have had for some time,” said Shawn.
The State was represented by Antelope County Attorney Joe Abler.
Temple said the case comes as a result of a plea agreement. He requested a sentence of SASS probation as recommended by the PSI, along with the mandatory fine and jail sentence.
Kube said, “You are fortunate this got pled down to a Class W misdemeanor.”
He sentenced him to 30 days in jail with credit for two days served, 18-month term of SASS probation, associated fees, fine in the amount of $1,000, court costs, driver's license revoked for 10 years, may apply for interlock permit, submit to continuous alcohol monitoring and obtain a sponsor.
He was remanded to the custody of the Antelope County Sheriff.
• Lauren Harms, age 21, of Wayne, appeared personally and with court-appointed attorney Pat Carney for a hearing to revoke probation.
Harms admitted to the information to revoke probation saying she was nearing the end of her probation when things began to unravel. She said she had a unfriendly breakup with the father of her child and was on a self-destructive path.
She admitted she had positive chemical testing of her urine and that she tampered with urine testing.
Carney requested she be sentenced to continued probation and the judge agreed.
“I’m going to keep you on probation,” he said.
Probation was extended to January 2020.
“You need to focus on this so you can get your child back,” said Kube.
In other court matters Wednesday;
• Joseph Hogeland, age 39, incarcerated in the Antelope County Jail, appeared with court-appointed counsel Pat Carney on a hearing to revoke probation.
Carney told the court there would be an admission to the information.
Abler said, in March, Hogeland resisted arrest and was intoxicated with a preliminary breath test of .232.
Kube ordered an update to the presentence investigation report and set sentencing for June 26.
Carney requested to be heard on bond for a separate case.
He told the court Hogeland has been incarcerated since March 7. “Financially, there is no way he would be able to post that kind of bond.”
Abler said it was a willful assault of an officer and was a serious offense.
“There are certainly problems with alcohol,” said Abler.
Kube told Hogeland, “It isn’t necessary for law enforcement to address someone like this on probation.” He left bond at $100,000, 10 percent. Hogeland was remanded to the custody of the Antelope County Sheriff.
• Danial Hohrein, age 41, of Oakdale, appeared with court-appointed counsel Pat Carney. Chemical tests of his urine prior to several court appearances have tested positive for THC, however, Wednesday’s test was negative.
Carney said medical information was recently received and asked for a continuance of pretrial and trial.
Abler did not object.
Hohrein waived his right to a speedy trial.
Pretial was set for June 26 with trial on Aug. 12.
• Brennon Coleman, age 35, of Neligh, appeared personally and with court-appointed counsel Pat Carney.
Coleman's urine was chemically tested with a negative result.
Carney requested a continuance of pretrial and trial due to needing to obtain depositions.
Abler did not object.
Pretial was continued to June 26 with trial on Aug. 12.
• Jeff Wilson, age 41, of Clearwater, did not appear but was represented by court-appointed counsel Pat Carney.
Carney told the court Wilson has a current county court case in which it was explained he had vehicle problems and lives in McCook. Carney asked the matter be continued.
Abler said the last time the court saw Wilson was in March, when he chemically tested positive for an illegal substance.
Kube waived his appearance and continued the hearing in a different venue to June 4 in Madison County District Court.
• Catherine Hancock, age 53, of Lebanon, Kan., appeared for a pretrial-conference on a count of theft by unlawful taking.
A plea agreement was reached in the case and Hancock entered a plea of no contest to attempted theft by unlawful taking.
The matter stems from an incident in Elgin in which two vehicles were allegedly stolen between Dec. 24 and Dec. 27, 2017.
According to Abler, Hancock was in possession of one of the vehicles when arrested.
The other was recovered in Belleville, Kan.
Kube ordered a presentence investigation.
Hancock will appear for sentencing, July 31.
A $20,000 personal recognizance bond remains in effect, with the condition that Hancock set up an interview with the Norfolk probation office.
• Christopher Lopez, age 33, incarcerated in the Antelope County Jail, appeared for a pretrial conference.
According to Carney, a plea agreement was reached.
Lopez pleaded guilty to one count of third degree domestic assault, a Class I misdemeanor and no contest to one count of disturbing the peace, a Class III misdemeanor.
The matter stems from a March 28 incident in Oakdale, in which Lopez was involved in a fight with two individuals.
Kube ordered a presentence investigation.
Lopez will appear July 31 for sentencing.
A $20,000, 10 percent bond remains in effect.
Lopez was remanded to custody of the Antelope County Sheriff’s department.