CUSTER COUNTY— The Custer County Courtroom held a normal session on Monday, March 8 with a handful of criminal cases on the docket.
According to court records, Connie Ulmer, 50 of Broken Bow, entered a written waiver on her preliminary hearing and the case was bound over to Custer County District Court where she will be arraigned on four charges of alleged theft of over $5,000 (each a Class IIA felony).
The morning began with Derrick Gonzalez, 36 of Ansley appearing for his first appearance. Gonzalez faces alleged charges of Violation of Nebraska Certificate Title Act (Class IV Felony) and Willful Evasion of Sales Tax (Class IV Felony). According to the arrest affidavit, Gonzalez is accused of what is known as ‘title jumping.’
The affidavit states that Gonzalez purchased a motorcycle, failed to sign the title, did not pay the sales tax on the motorcycle, and then sold the motorcycle to another individual. The affidavit states Gonzalez was informed multiple times that he would need to pay the sales tax, but he failed to do so.
During Monday’s hearing, Gonzalez failed to answer Judge Joel Jay’s questions about an attorney, and thus the court entered a ruling that due to Gonzalez’s failure to answer he would represent himself. The case was set for a preliminary hearing on April 7 at 2 PM.
Gonzalez could face up to two years in prison and be fined $10,000 for each charge. The approximate amount of alleged sales taxes owed from the purchase of the motorcycle is around $83.
Kyle Martin, 29 of Broken Bow, made his first appearance on alleged charges of 2nd Degree Domestic Assault (Class IIIA Felony), Obstruction of a Police Officer (Class I Misdemeanor), and 1st Degree False Imprisonment (Class IIIA Felony).
The case was set for a preliminary hearing on April 12 at 2 PM.
Martin’s attorney, Michael Borders, asked to be heard on bond where it had initially been set at 10% of $10,000 with a no-contact order. Borders stated that Martin and the alleged victim were in a long-term relationship that included children.
He stated that they did not have the funds to have two houses and needed to live together. Borders also stated that the alleged victim had written a note to the Custer County Attorney’s Office asking that the no-contact order be vacated and for the charges to be dismissed.
Custer County Deputy Attorney Kayla Haberstick confirmed that the letter had been sent to the office and could not argue against removing the no-contact order, due to the victim asking for the order to be vacated.
Judge Tami Schendt vacated the no-contact order.
Bench warrants were issued for Jose Alcantar Jr., 21 of Broken Bow, in three cases with bonds being set at 10% of $3,000 in each case.
A bench warrant was also issued for David Bertschinger, 27 of Broken Bow, at 10% of $5,000