Knox County Court Judge hands down sentences March 7

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Posted: Monday, March 18, 2019 5:31 am

Ryan Davison, 40, of Yankton, S.D., faced the Honorable Donna Taylor in Knox County Court last Thursday in two cases.

In the first case, he was sentenced on a driving under the influence conviction, a Class W misdemeanor committed in October 2018. Taylor fined him $500; revoked his driver’s license for six months and sentenced him to 30 days in the county jail, with credit given for one day previously served; along with prosecution costs totaling $172. He was convicted of the crime Jan. 3.

Davison also appeared for a pretrial hearing on a Class I misdemeanor count of DUI, enhanced, committed Feb. 12. He changed his not guilty plea to guilty, after the charge was amended to a Class W misdemeanor,  DUI, second offense.

Taylor sentenced him to a fine of $500; 120 days in the Knox County Jail, with credit for 23 days served, to be served consecutive to the 30-day sentence in the 2018 case; 18-month driver license revocation; and $155 costs.

 Davison was represented by Knox County Public Defender Rodney Smith.

Samantha R. Wirth, 25, of Omaha appeared before Taylor on two counts committed Oct. 23, 2018, Count I, driving under suspension, a Class 3 misdemeanor, and Count II, possession of drug paraphernalia, an infraction.

Wirth pleaded guilty to both counts. Taylor fined her $250 on Count I, $75 on Count II and ordered her to pay $60 costs of prosecution.

Wirth was cited for the first count in Crofton on Oct. 23 by a Nebraska Game and Parks officer, after a welfare check was broadcast following a disturbance at the Ohiya Casino.

During the investigation, a canine alerted to drugs in Wirth’s vehicle, resulting the addition of the second count.

David W. Kyles, 47, of Randolph appeared for a traffic violation trial. He pleaded not guilty to a count of driving left of center on Jan. 25. Taylor took the case under advisement in order to review video.

“The court finds the defendant traveled for an extensive distance straddling the center lines,” Taylor ruled the following day. “If the center lines were obscured in front of the defendant, the sidelines were not and the defendant drove well left of his right half of the roadway.”

She found him guilty and fined him $25 for the infraction and $49 costs.

Wade E. Davis, 27, of Niobrara faced  Taylor for arraignment on two counts, Count I, no proof of insurance, a Class 2 misdemeanor, and Count II, operating an unregistered vehicle, a Class 3 misdemeanor. He entered guilty pleas to both counts and was sentenced to fines of $100 and $25, respectively, and costs of $50 for the Feb. 2 violations.

Christopher Costello, 38, of Creighton pleaded not guilty to a Class 1 misdemeanor count of third-degree domestic assault, alleged Feb. 17 in Creighton. He requested a jury trial. A pretrial hearing is set March 21. Bond in the amount of $10,000, 10 percent cash, with conditions including no contact with alleged victim, posted March 4, is continued. He is represented by Smith.

Costello is also scheduled for sentencing March 21, for a previous domestic assault conviction. He pleaded no contest and was found guilty Jan. 3, after a plea deal was reached in the May 2018 case.

Daniel Bush, 28, of Yankton, S.D., was given one more continuance, after he called the court on the date of his hearing, claiming no transportation. He is charged with driving a vehicle without a valid registration and without proof of insurance on two occasions, Jan. 19 and Jan 21.

Bush was granted a continuance under similar circumstances Feb. 6 and failed to appear for the rescheduled arraignment Feb. 21. Arraignment is continued to March 21. The defendant was advised there would be no further continuances.

Zachary B. Mansfield, 22, of Creighton faced Taylor for arraignment on a Class 2 misdemeanor count of driving under suspension, alleged Jan. 25.  The complaint indicated Mansfield’s license had been revoked by Madison County Court. He requested court-appointed counsel. After holding an indigency hearing, Taylor appointed Smith. Arraignment is continued to March 21.

Kenneth A. Plantenberg, 58, of Crofton appeared for arraignment on a charge of DUI, alcohol, third offense alleged Feb. 8. Plantenberg requested court-appointed counsel. Taylor held an indigency hearing and appointed Smith. Arraignment is continued to March 21. Bond, in the amount of $1,500, 10 percent cash, filed Feb. 11, is continued.

Bobby J. Smith, 20, of Center, appeared for arraignment on a Class W misdemeanor count, DUI, first offense, alleged Feb. 23.

Smith requested court-appointed counsel. Rodney Smith was appointed after Taylor held an indigency hearing.

The defendant pleaded not guilty. Pretrial hearing is set April 4. Bond in the amount of $2,000, 10 percent cash, posted Feb. 25, is continued.

Rodney Smith requested a continuance of pretrial hearing for his client, Edward Childress, 35, of Bloomfield, who did not appear. The hearing is continued to March 21, on a Class 3 misdemeanor disturbing the peace charge.

A pretrial hearing for Loren Klug, 55, of Winnetoon, was continued until April 4.

Klug is accused of the Sept. 17, 2018, theft of a heat pump and DeWalt tool charger belonging to the Ponca Health and Wellness Center in Niobrara. He pleaded not guilty to the Class 1 misdemeanor count Dec. 6. He is represented by Rodney Smith.

Shane Seagren, 27, of Lincoln was granted a continuance for arraignment on a Class 2 misdemeanor count of issuing a bad check, an offense alleged Aug. 8, 2018, in Wausa. In his written request, Seagren indicated restitution had been mailed. Knox County Attorney John Thomas filed the complaint Feb. 20.

Joseph M. Potts, 30, of Fordyce pleaded guilty by waiver to a Class 5 misdemeanor count of unlawful park entry without a permit. He was fined  $25 and $49 costs for the Sept. 2, 2018, offense committed at  the Wiegand Lewis and Clark State Recreation Area. ,

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