Hearing set for man accused of assault, abuse

By Janet Nitsick/Tribune Staff
Wednesday, Jul 28, 2004 - 12:06:11 pm CDT

An Aug. 6 preliminary hearing was scheduled Tuesday in Dodge County Court for a Fremont man accused of first-degree sexual assault and abuse of a vulnerable adult.

Herbert A. Phares, 52, could face up to 50 years in prison for the sexual assault, a Class II felony. He also could receive five years in prison and/or a fine up to $10,000 on the abuse of a vulnerable adult charge, a Class IIIA felony.

According to police reports, Phares was arrested Feb. 14 after having sexual intercourse with a 40-year-old female. Phares admitted to having sex with the victim and knew the victim's mental capacity.

Other cases heard Tuesday included:

* An Aug. 17 preliminary hearing was scheduled for Corey Bartlett, 38, of Omaha. He is accused of driving during a 15-year license suspension and speeding. Robert Krafka was appointed to represent him.

* Marne Koerber was appointed to represent Nathaniel A. Berkland, 25, of Nebraska City. Berkland is accused of driving while intoxicated-first offense and speeding. An Aug. 17 hearing was scheduled.

* Ryan R. Bonsack, 25, of Fremont was sentenced to serve 48 hours in the Dodge County Jail for driving while intoxicated-second offense. He was given credit for nine hours served. Bonsack also was placed on one year probation and fined $500 plus costs.

* A bench warrant was issued for Phillip C. Christensen, 25, of Fremont for failure to make Tuesday's court appearance. He is accused of driving during revocation.

* Randy S. Clark, 44, of Scribner pleaded guilty to driving while intoxicated-first offense and carrying a concealed weapon. Sentencing was scheduled for Aug. 17. Dodge County Deputy Attorney Martin Conboy said Clark was arrested June 23 and his results on the Intoxilizer 5,000 test were .232 grams per 210 liters of breath. Clark also was found with a hunting knife, Conboy said.

* An Aug. 10 preliminary hearing was scheduled for Randall E. Clements, 32, of Fremont. He is accused of driving while intoxicated-fourth offense and not having a valid operator's license.

* Nathan J. Davenport, 17, of Fremont was placed on one year probation for driving while intoxicated-first offense. He also was fined $400 plus costs and his driver's license was suspended.

* Jonathan P. Delaney, 23, of Fremont pleaded guilty to driving while intoxicated-first offense. His plea was in exchange for the driving while intoxicated charge being reduced from a second offense. The state also recommended Delaney serve 48 hours in jail, Conboy said. Delaney was arrested May 8 and his results on the Intoxilizer 5,000 test were .181 grams per 210 liters of breath, Conboy said. Sentencing was scheduled for Aug. 17.

* Rhonda Dye, 45, of Valley was placed on six months probation for writing insufficient funds checks. She was ordered to pay $613 in restitution. Dye also was ordered to write an apology to the victim.

* Patric J. Follen, 33, of Fremont was sentenced to seven days time served for disorderly conduct.

* John M. Free, 53, of Fremont was sentenced to five days time served for two charges of disorderly conduct.

* An Aug. 17 preliminary hearing was scheduled for Michael G. Gomez, 20, of Fremont. He is accused of first-degree assault. Brad Holtorf also was appointed to represent him.

* Brian G. Grover, 29, of Fremont was sentenced to serve 60 days in jail for carrying a concealed weapon and failure to make a court appearance. He also was sentenced to serve seven days in jail for driving while under suspension. Jail time will run concurrently. He was given credit for time served. His driver's license was suspended for one year on the driving while under suspension charge. Grover was fined $50 plus costs for a traffic offense.

* Richard W. Helget, 47, of Fremont pleaded innocent to criminal mischief. A bench trial was scheduled for Aug. 13.

* Samuel R. Holley, 26, of Fremont pleaded innocent to driving while intoxicated-third offense and not having a valid operator's license. A jury trial was requested. A pretrial conference was scheduled for Aug. 13.

* An Aug. 27 preliminary hearing was scheduled for Robert S. Imus, 32, of Fremont. He is accused of second-degree assault, a Class IIIA felony, and using a weapon to commit a felony, a Class III felony, on June 19. Leo Eskey was appointed to represent him.

Imus could face up to five years in prison and/or a fine up to $10,000 on the Class IIIA felony. He also could receive up to 20 years in prison and/or a fine up to $25,000 for the Class III felony.

* A bench warrant was issued for Gary R. Jindra, 24, of Fremont for failure to make Tuesday's pretrial conference. He is accused of driving while intoxicated-second offense.

* Jesse C. Jump, 23, of Beemer was sentenced to serve 90 days in jail for driving during revocation. The sentence will be served concurrently with a sentence out of Thurston County. His driver's license also was suspended for one year.

* An Aug. 13 preliminary hearing was scheduled for Douglas A. Kellogg, 52, of Fremont. He is accused of possessing a controlled substance-methamphetamine, a Class IV felony, and possessing drug paraphernalia on June 21. A motion to revoke his probation for third-degree assault also was continued to Aug. 13.

* Marcus J. King, 21, of Omaha was sentenced to serve 30 days in jail for minor in possession of alcohol, theft by shoplifting and failure to make a court appearance. He was given credit for time served.

* Tyson Z. Konken, 30, of Fremont waived his preliminary hearing for theft by unlawful taking. The case was bound over to district court with a hearing scheduled for Aug. 9.

* Nicholas A. Kluthe, 21, of North Bend pleaded guilty to driving while intoxicated-first offense. Sentencing was scheduled for Aug. 17. Kluthe was arrested June 27 and his results on the Intoxilizer 5,000 test were .139 grams per 210 liters of breath.

* Carrie E. Ladd, 24, of Fremont was sentenced to serve seven days time served for failure to make a June 18 court appearance. A Sept. 16 trial also was scheduled for child neglect.

According to police reports, Ladd was arrested May 21 after the Dodge County Sheriff's office received a call about a 3-year-old child outside a residence. The child was crying and screaming and trying to get back into the house. Ladd told police she had fallen asleep for 10 to 15 minutes and did not know how the child got outside.

* A bench warrant was issued for James J. Monahan, 40, of Fremont for failure to make Tuesday's court appearance. He is accused of attempting to possess a controlled substance-meth.

* Timothy T. Mann, 41, of Fremont pleaded no contest to driving while intoxicated-first offense, no proof of insurance and not having a registered vehicle. A pre-sentence investigation was ordered. Sentencing was scheduled for Aug. 24. Mann's results to a hospital blood draw was .248 grams per 100 milliliters of blood, Conboy said.

* Matthew E. Opperman, 31, of West Point was placed on six months probation for driving while intoxicated-first offense. He was fined $400 plus costs and his driver's license was impounded for 90 days. He also was fined $75 for speeding.

* Leta Fornoff was appointed to represent Victoria Pensick, 33, of Elkhorn. Pensick is accused of third-degree assault and disorderly conduct. An Aug. 17 hearing was scheduled.

* Kevin E. Pipal, 47, of Fremont pleaded guilty to driving while intoxicated-third offense. A pre-sentence investigation was ordered. Sentencing was scheduled for Aug. 31. Conboy said Pipal was arrested April 10 and his results on the Intoxilizer 5,000 test were .161 grams per 210 liters of breath.

* Troy J. Piper, 27, of Hooper was sentenced to four days time served for third-degree assault and disorderly conduct.

* Alex C. Rayl, 25, of Fremont was placed on six months probation for driving while intoxicated-first offense and he was fined $400 plus costs. His driver's license also was impounded for 60 days until an interlock device is approved by the probation office.

* Jeremy L. Rush, 27, of Fremont waived his preliminary hearing on three counts of delivery of a controlled substance-meth. The case was bound over to district court with a hearing scheduled for Aug. 9.

Rush could face up to 20 years in prison and/or a fine up to $25,000 on each of the drug charges.

According to police and court reports, Rush is accused of selling 1.2 grams of meth to a confidential informant on March 11, 2.5 grams of meth on March 16 and 4.0 grams of meth on March 25.

* Sabrina M. Schaf, 22, of Columbus was sentenced to five days in jail for not paying $283 in fines and costs in association with two speeding charges.

* Shane Placek was appointed to represent John P. Spracklin, 34, of Fremont. Spracklin is accused of driving during revocation and possession of an open container of alcohol. An Aug. 17 hearing was scheduled.

* Kelly J. Red Tomahawk, 18, of Fremont was sentenced to 25 days time served for false reporting.

* Jesse A. Upchurch, 20, of North Bend was placed on six months probation for driving while intoxicated-first offense. He was fined $400 plus costs and his driver's license was suspended. Upchurch also was fined $250 for speeding in a construction zone.

* Stephanie M. Way, 19, of La Vista pleaded guilty to minor in possession of alcohol, driving while intoxicated-first offense and speeding. Sentencing was scheduled for Aug. 17. Conboy said Way was arrested June 28 and her results on the Intoxilizer 5,000 test were .18 grams per 210 liters of breath.

* Marti J. Wilson, 33, of Omaha denied allegations in a motion to revoke her probation for writing bad checks. An Aug. 13 hearing was scheduled. According to the probation office, she is accused of not reporting to the probation office on June 3 and 17 as required. Wilson also is said to have failed to report for drug testing on May 11, 24 and 27 as well as June 2 and 16.

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