Knox County District Court - May 28

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Posted: Sunday, June 9, 2019 6:31 am

Virginia Burnett, 51, of South Beach, Ore., was granted continuance of pretrial proceedings until July 2, when she faced the Honorable Mark Johnson in the Knox County District courtroom in Center last week.

After hearing from counsel that the hearing would include some unusual issues, Johnson also continued the jury trial scheduled for July 8, to Sept. 17.

Burnett is charged with of possession of a controlled substance, methamphetamine, a Class 4 felony, alleged March 20 on a closed county road.

According to a probable cause affidavit filed in the case, Burnett was the alleged driver of a vehicle that was pulled over after going around a barricade on 531 Avenue, by a Santee Tribal Police officer.

The case was subsequently turned over to the Knox County sheriff and both defendants were transported and booked into the Knox County Jail.

In her motion to suppress, filed May 19, Burnett claims the Santee police officer did not have probable cause to detain, the county sheriff transported in violation of her right to extradition proceedings, and evidence collected, including a urine sample, were done without her consent or a search warrant.

Bond filed March 22, in the amount of $20,000, 10% cash, is continued.

Lonnie P. John Jr., 35, of Niobrara failed to appear for a revocation of probation hearing and to show cause for failing to pay restitution. An oral motion to continue by court-appointed counsel, Rod Smith of O’Neill, was overruled by Johnson and a warrant was issued for John’s arrest. Previous personal recognizance bond was revoked and new bond set at $50,000, 10% cash.

John was convicted of the May 16, 2018, burglary of a Crofton residence and was sentenced Aug. 28, 2018, to a 24-month term of probation and $250 restitution to be paid by Dec. 31, 2018, a sentence pronounced by the Honorable James Kube.

When he appeared May 1, Johnson found the defendant had not been served with information one full day prior to arraignment. John exercised his right to the 24-hour waiting period and was ordered to appear May 28.

A motion to dismiss a post-conviction relief request, filed by Roy D. Merrell, 38, was sustained by Johnson, due to the request’s untimely filing. Merrell is currently serving a sentence in a Nebraska Department of Corrections facility for the June 2015 burglary of Manion’s Drug Store in Creighton;

Johnson removed himself from another post-conviction relief case, determining that “to further preside over the case would create an appearance of impropriety.”

He appointed Kube and instructed the parties in the case to contact Kube’s bailiff for further scheduling.

Post-conviction relief motions were filed by Elroy L. Wabashaw, aka Johnny L. Bearshield, 62, who is serving consecutive sentences in a corrections’ facility for a 2005 robbery and use of a firearm to commit a felony.

© 2019 The Creighton News . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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