CUSTER COUNTY— A 27 year-old Merna man has been found competent to stand trial during Custer County District Court on Thursday, September 19. Matthew McAlevy was arraigned in court after a document was submitted to the court from an expert stating that McAlevy was competent to face one alleged charge of sexual assault-use of an electronic device (class ID felony).
McAlevy is facing the charge after it was alleged that he used a cell phone to attempt to solicit a minor under the age of 16. He will now appear for jury trial on February 10, 2020 with a pre-trial conference to take place on January 23, 2020 at 10 AM. McAlevy could face a maximum of 50 years in prison with a mandatory minimum of three years.
Carlos Riol, 37 of Broken Bow, is facing multiple charges from three different cases. Riol’s most recent charges include alleged child abuse, not resulting in injury (class IIIA felony), possession of a controlled substance-methamphetamine (class IV felony), and a habitual criminal enhancement.
Riol pled not guilty to the charges and his case was set for jury trial on February 10, 2020. Riol is also facing charges of alleged strangulation (class IIIA felony), 3rd degree domestic assault (class I misdemeanor), and three charges of child abuse not resulting in injury (class IIIA felony)in two other district court cases.
Riol’s attorney, Christopher Wickham, requested that all of the cases be set for the February 10, 2020 trial date in hopes of having a plea deal worked out before then. If found guilty of all charges in all three cases, Riol could face a maximum of 77 years in prison.
Brice Carpenter, 24 of Anselmo, has taken a plea deal with the state and has pled no contest to charges of theft (class IV felony) and terroristic threats (class IIIA felony). Carpenter will now appear for sentencing on October 24 at 10:30 AM. A maximum sentence of five years in prison could be imposed by the court.
Melody Hardin, 55 of Litchfield, will also be sentenced on October 24 at 10:15 AM after pleading no contest to one count of burglary (class IIA felony). Hardin was ordered to schedule a pre-sentence investigation before her sentencing. She could face 20 years in prison if sentenced to the maximum allowed by law.
Dustin Farritor, 46 of Broken Bow, will continue his probation term after being sentenced on Thursday. Farritor was already facing a five year probation term from a previous case that is to conclude in June of 2022.
During sentencing Bowers told the court that he initially was not going to recommend probation, but after viewing the pre-sentence investigation, he changed his mind. Bowers also stated that Farritor had lots of problems in the beginning of his probation, but seemed to be improving and recommended that probation be continued.
Farritor’s attorney, Michael Borders, told the court that he believed that probation was the perfect fit for Farritor. Borders noted that probation is there to help those in probation figure out what they are doing wrong. He believes that Farritor knows that he needs to continue to improve and believed the pre-sentence investigation also confirmed this.
Judge Karin Noakes informed Farritor that it was rare for her to revoke probation and then place a person back on probation. She also told Farritor that he could have been facing a sentence of six months to five years for revoking probation. Judge Noakes did sentence Farritor to complete the remainder of his probation which would conclude in June of 2022.
A bench warrant was scheduled to be issued for Kenneth Loucks, 42 of Broken Bow, with bond being set at 10% of $10,000. Loucks is facing a charge of alleged 2nd degree assault (class IIA felony).
A bench warrant was also issued for Robyn Frawley, 29 of Broken Bow, in two separate court cases. Frawley will be held without bond on one of the warrants and a 10% of $5,000 bond was set on the other warrant. She is facing charges of possession of methamphetamine (class IV felony) in both cases.