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District Court sentencingsTell North Platte what you think
 

Ky Christell, was sentenced to 24 months’ probation and 30 days in jail Monday in Lincoln County District Court for operating a motor vehicle to avoid arrest and driving under revocation.

Christell, 33, of Omaha was arrested Feb. 19 after he led state police on a high-speed chase on I-80 near Brady. After hitting a tire spike strip that officers put out, he ran away on foot. He was found and arrested the next day.

The prosecution asked for a jail sentence, based upon the recommendations of the probation department’s pre-sentence investigation report.

However, Defense Attorney Kent Florom said his client has taken positive steps to straighten out his life by seeking counseling.

Lincoln County District Judge Richard Birch said that he could see from the report that Christell has made great strides.

“You can succeed, if you follow through with all that you are doing,” Birch said but added that the seriousness of the crime warranted some up-front jail time.

He sentenced Christell to 30 days for avoiding arrest and 15 days for driving under revocation, but gave him four days’ credit and set the sentences to run at the same time.

 

Clemmons

Antonio Clemmons, 35, was sentenced to 1-1/2 to 3 years in the state penitentiary for repeatedly driving under the influence of alcohol.

It was Clemmons’ fourth offense. He was also driving even though his driver’s license had been a revoked for previous DUIs.

He was arrested Feb. 6 after police responded to a report that a man had hit a tree near A and Buffalo Bill in North Platte with his pickup and left the scene.

Police found the vehicle four blocks away. Clemmons was pushing it down the street. He was not injured but showed signs of intoxication. Deal said he failed a preliminary breath test so he was charged with driving under the influence.

Investigation revealed that his driver’s license was previously suspended for 15 years.

Florom said his client takes medications and “has no memory of the events and was surprised when I went over the report with him.”

Clemmons told the judge, “I made a mistake and I have to pay for it and do my time.”

His two prison sentences will run at the same time. Birch gave him credit for 104 days he has already served.

 

Resler

Elisha Resler was convicted of violating probation and will spend another 150 days in jail.

Resler, 36, admitted to the violation. She previously served 360 days in jail for possession of a controlled substance. After she was released, she was placed on nine-months probation.

On Feb. 23, Resler failed to appear for a probation appointment, and failed to call her probation officer. She has been in jail since then.

Lincoln County Attorney Rebecca Harling explained that under new state statutes, nine months’ supervision is required following any conviction that includes a jail sentence.

Harling said that  the penalty for violating the terms of the supervision are “cloudy at best.”

“So, it appears that revocation means that since she served five months, she will have to serve the remaining four months in jail,” Harling said.

In handing down the sentence, Birch agreed with Harling’s assessment.

“The courts are working their way through these new rules governing post-release supervision,” he said. “I think this is the right way to handle this.”

Birch gave Resler credit for 88 days served, which, with credit for good time, satisfied the sentence, so she was free to go.

 

In other court action Monday:

Edington

Tina Edington, 40, was convicted of theft by deception and sentenced to two years’ probation. She was also ordered to pay $1,341 in restitution to two victims.

Edington was charged June 10 with abuse of a vulnerable adult but entered a no contest plea to the reduced charge.

She was the guardian of a 92-year-old man and his 65-year-old son who suffered from palsy.

Police were informed by the victims that their debit cards were missing. Video surveillance at Wal-Mart showed she used the cards to buy items for herself.

Harling recommended probation, based upon Edington’s efforts to improve her life.

“She has done a very good job at a half-way house,” the prosecutor said.

Harling said the county wanted her to enter drug court in Lincoln where she currently lives, but the state Supreme Court ruled against transferring drug court to different jurisdictions.

Harling thought it would be better to place her on probation than have her come back to Lincoln County for drug court. She said Edington is doing well in Lincoln, out of the influences of old acquaintances.

Defense Attorney Bob Lindemeier agreed. “She completed everything asked of her at Crossroads (treatment center),” he said.

Lindemeier read a letter from the halfway house that said: “She has gone above and beyond what was expected and is clean and sober and is working there.”

Lincoln County District Court Judge Donald Rowlands said he would make a note to question why it is not possible to move drug court to a different jurisdiction. He said drug court would help her continue her recovery.

He ordered her to pay $100 a month restitution and wished her well in getting her life on the right track.


Mansfield

Janis Mansfield, 53, was sentenced Monday to 1-1/2 to 3 years in the state penitentiary for distribution of oxycodone.

She was arrested Feb. 23.

Deputy County Attorney Angela Franz agreed with the presentence investigation report that recommended jail time.

“This is not the first time. She has been convicted of similar offenses and was unsatisfactorily released from probation. She freely admits to giving the drug to her daughter,” Franz said.

Florom argued that his client has both physical and mental issues that could be best handled through probation.

“Incarceration won’t handle them,” he said. “She already has 88 days. I would ask for probation. She is adamant she wants to deal with her issues.”

Mansfield told the court, “I did give my daughter four of my pills when she was in pain and I apologize for that, but she went to the house later and helped herself to the rest,” Mansfield said.

Rowlands said Mansfield has a “long record.”

“With all the prior offenses, and this being a second distribution offense, prison is necessary,” he said, and pronounced sentence.

Rowlands gave her credit for 89 days served.

Also:

• Ryan Reeves, 51, was convicted of stalking and sentenced to 32 days in jail and 18 months’ probation. Rowlands credited him with 32 days served.

• Shaun Naliielua, 32, was convicted of one count of felony child abuse and sentenced to 360 days in jail and nine months’ post release supervision. He pled no contest to the reduced charge and was given credit for 145 days served. 

• Allyson Blake, 40, was convicted of attempted possession of morphine with intent to deliver and sentenced to 24 months’ probation and 43 days in jail.

• David Diaz Jr., 47 was convicted of third degree domestic assault and sentenced to 120 days in jail. In exchange for his no contest plea, the charge was reduced to a misdemeanor. He was credited with 33 days served and is to report to jail May 23.


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The North Platte Bulletin - Published 5/22/2017
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