gavel and justice scales

In other Lincoln County District Court action Monday (defendants are from North Platte unless otherwise noted):

» Marcus C. Bailey, 26, was sentenced to concurrent 18-month prison terms and one year’s post-release supervision for felony possession of suboxone and possession of heroin on April 27.

Bailey, who received 141 days’ credit for time served, pleaded no contest July 22 after prosecutors substituted the heroin charge for felony possession of methamphetamine, 28 to 139 grams.

He also admitted that day to violating a nine-month post-release supervision term for felony burglary and methamphetamine possession in November 2017. District Judge Michael Piccolo sentenced Bailey to five months in jail on the PRS violation, with 102 days’ credit.

Bailey will serve his prison terms after the PRS-related jail term expires, the judge said.

» Eddie L. Houpt, 55, was sentenced to 14 months in prison for felony third-degree domestic assault, second offense. Piccolo gave him 160 days’ credit and ordered him to serve one year of PRS.

» Piccolo sentenced Ross L. Rivera, 35, to 364 days in jail after he pleaded guilty to felony possession of methamphetamine in a May 19 incident. Prosecutors dismissed felony counts of strangulation and third-degree domestic assault, second offense, in a separate incident Dec. 29.

» George L. Jenkins III, 35, of rural North Platte was sentenced to 364 days in jail for felony possession of Dilaudid on April 20, 2018. Piccolo gave him 133 days’ credit for time served.

» Nicholas H. Hahn, 24, of Sutherland received four concurrent 270-day jail terms under a plea agreement in a trio of cases. District Judge Richard Birch gave him credit for 139½ days served.

Hahn pleaded guilty to felony possession of methamphetamine and a reduced felony count of attempted possession of a deadly weapon by a prohibited person, both on March 8. A felony charge of possession of suboxone was dismissed.

In a second case, Hahn entered guilty pleas to possession of methamphetamine and possession of Xanax, both on March 24. Prosecutors dismissed a third case that had charged him with possession of methamphetamine on March 10.

» Birch sentenced Joshua R. Foust, 29, to 200 days in jail in a false-reporting case his attorney chalked up to not paying attention to his own address.

Foust, a registered sex offender, originally faced a felony charge of giving false information to law enforcement. He pleaded guilty to a reduced misdemeanor charge of false reporting in the July 11 incident.

“It’s one of those things that you really can’t explain,” North Platte lawyer Kent Florom told Birch, “except that the defendant didn’t know his address the first time (he registered) and didn’t correct it the second time. He was three houses off.”

Birch gave Foust 48 days’ credit for time served.

» Birch handed down two concurrent 180-day jail terms to Merissa A. Smallfoot, 26, after she accepted a plea agreement. He gave her 78 days’ credit for time served.

Smallfoot pleaded guilty to felony counts of possession of methamphetamine on April 29 and third-offense theft by receiving, $500 or less, on Aug. 13.

In exchange, prosecutors dismissed unrelated felony counts of third-offense theft by receiving, $500 or less, and third-offense shoplifting, $500 or less. Both were tied to other incidents on April 29.

» Kyra S. Goodall, 18, received concurrent 180-day jail terms after pleading guilty to two reduced drug counts. Birch gave her credit for time served.

Goodall originally faced unrelated felony counts of possession of methamphetamine in incidents last Oct. 12 and Nov. 4.

Prosecutors reduced both charges to attempted possession of methamphetamine, which changed them from felonies to misdemeanors.

» Randi L. Hamm, 38, of Gothenburg was sentenced to 77 days in jail after admitting to violating a nine-month PRS term for a 2016 felony charge of possession of a controlled substance. Piccolo gave her 19 days’ credit.

» Martina Arroyo, 25, of St. Francis, South Dakota, received two years’ additional probation following her admission to violating specialized substance abuse probation on a felony drug-possession charge dating to March 2015.

Birch had handed down the SSAS term in April 2018, linking it to an unrelated Cherry County probation term.

The extended probation term also is concurrent with the Cherry County term, which County Attorney Rebecca Harling said was recently extended.

» Birch placed Jessica A. Teall, 24, on 18 months’ probation after she pleaded guilty to felony terroristic threats and misdemeanor domestic assault of an intimate partner with intent to cause bodily injury.

Prosecutors, who said Teall chased her boyfriend around their bed with a knife on June 27, dismissed a related count of using a deadly weapon to commit a felony.

» Piccolo sentenced Joshua L. Reece, 37, to 18 months of SSAS probation under a plea agreement heading off a jury trial that was scheduled to start today.

Reece pleaded no contest to felony possession of marijuana with intent to distribute in an incident on May 29, 2018.

In exchange, prosecutors dismissed an unrelated felony drug-possession charge and misdemeanor counts of no proof of insurance and no valid registration. All were tied to a September 2017 incident.

» Logan D. Brown, 25, of Curtis pleaded no contest under a plea agreement to felony counts of burglary and theft, $5,000 or more.

Piccolo set sentencing for Nov. 18 on the charges, both of which arose from the April 12 theft of four guns and a Ford F250 pickup from a rural North Platte residence.

As part of the plea deal, prosecutors dismissed unrelated felony counts of theft, $1,500 to $4,999, on Nov. 26 and possession of a controlled substance on April 24.

» Terry J. Barthel, 18, of Wellfleet pleaded guilty to felony theft by receiving, $1,500 to $4,999. Prosecutors said he had stolen a 2007 Dodge Nitro July 15 from a North Jeffers Street location, parked it in the Great Plains Health parking lot and tried to sell it from there on Facebook.

Barthel, who admitted probation violations in two unrelated cases Aug. 19, will be sentenced on all three cases Oct. 7.

» Piccolo rescheduled trial for the Nov. 5 jury term for Jobe A. Castor, 49, on a charge of committing a fraudulent insurance act worth $5,000 or more in July 2016. Castor’s trial had been set to start today.

» Rachel A. Biggs, 34, of Lincoln denied violating the terms of a two-year SSAS probation term for felony possession of methamphetamine in a February 2017 incident.

» Joshua K. Baker, 31, pleaded not guilty to felony counts of fleeing to avoid arrest, willful reckless driving and second-offense driving under suspension. Both are tied to an Aug. 14 high-speed chase.

Birch denied bail for Baker in the case and three others filed earlier this year in which he had failed to appear in court.

In the other cases, Baker faces felony counts of possession of a controlled substance last Dec. 12; possession of methamphetamine, 10-27 grams, on Feb. 25; and fifth-offense driving under the influence of alcohol, driving under suspension and possession of a controlled substance, all on March 5.

» David M. Dorwart Jr., 27, pleaded not guilty to felony possession of a dangerous weapon by a prohibited person on Aug. 1. Birch halved Dorwart’s bail from $10,000 to $5,000.

» Chase Q. Lenz-Schurr, 20, pleaded not guilty to felony robbery in a July 31 incident. Birch set further proceedings for Oct. 28 in the case and two others filed earlier this year.

Lenz-Schurr also faces felony counts of second-degree assault on Feb. 22 and possession of a controlled substance on April 6.

» Levi J. Carlton, 20, pleaded not guilty to felony first-degree sexual assault of a 15-year-old girl on Jan. 28, 2018, and felony strangulation and misdemeanor third-degree assault on July 8.

» Deven L. Ward, 19, of Hershey pleaded not guilty to felony terroristic threats and possession of a deadly weapon by a prohibited person. Both are tied to a June 22 incident.

» Frank G. Foell, a 52-year-old transient, pleaded not guilty to felony first-degree assault and robbery in a July 20 incident. Birch continued Foell’s bail at $50,000.

» Timothy D. Turner, 56, pleaded not guilty to felony second-degree assault and using a deadly weapon to commit a felony, both on June 17.

Birch reduced bail to $75,000 for Turner, who had been released July 16 on 10% of $135,000 bail.

» Renee E. Morrell, 22, pleaded not guilty to four counts in a pair of cases tied to incidents on May 27.

Morrell, also known as Renee E. Weigel, is charged with felony possession of a stolen firearm in the first case. In the second, she faces a misdemeanor count of obstructing a peace officer and felony charges of tampering with physical evidence and aiding and abetting theft, $1,500 to $4,999.

» Dennis C. Teall Jr., 47, pleaded not guilty to two felony counts of making terroristic threats on June 20.

» Payton Albrecht-Franke, 20, pleaded not guilty to felony distribution of a controlled substance and misdemeanor first-offense driving under the influence of alcohol. Both are tied to a July 29 incident.

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