It was a busy morning for Custer County District Court as multiple criminal hearings were held on Thursday, January 20.
Vernon Mobley, 44 of Callaway, was arraigned on a single charge of child abuse-not resulting in serious bodily injury (Class IIIA felony). Through a plea deal, Mobley agreed to plead no contest to the charge and a recommendation of probation would be asked for by the Custer County Attorney’s Office and Mobley’s Attorney, Robert Lindemeier.
According to the factual basis, on April 17, 2021, the Custer County Sheriff’s Office responded to a call that an intoxicated male was trying to light his bed on fire. He was also threatening to burn down the house. The victim who called was 17 years old.
Judge Karin Noakes ordered a pre-sentence investigation (PSI) be conducted prior to sentencing on February 24 at 9:45 AM. Mobley could be sentenced to up to three years in prison, be fined up to $10,000, or both.
Kyle Martin, 30 of Broken Bow, took a plea deal during his hearing on Thursday that dropped two of his charges related to a pair of incidents from 2021. During the hearing, Martin agreed to plead no contest to 2nd-degree domestic assault (Class IIIA felony) and stalking (Class I misdemeanor). The charges of witness tampering and 1st-degree domestic assault were dropped.
According to the factual basis, in October 2021, Martin was arrested after the Broken Bow Police Department responded to a domestic situation where the victim had been cut multiple times by a pair of scissors. The victim had cuts on her wrists and legs from the scissors and also had lost some hair due to it being pulled out. Several days later, Martin was out on bail and was seen by witnesses driving around the victim’s place of work several times and had parked a short distance away even after a no-contact order had be issued by the judge.
Judge Noakes ordered a PSI be conducted prior to sentencing on March 3 at 9:45 AM. Martin could face up to four years in prison, be fined up to $11,000, or both the fine and prison term could be enforced.
Justin Spencer, 47 of Sargent, appeared on a charge of 3rd-degree domestic assault-3rd offense (Class IIIA felony) and a habitual criminal enhancement. During the hearing, Spencer agreed to a plea deal that would drop the enhancement and other Custer County Court cases if he pled guilty or no contest to the domestic assault charge. With his plea of no contest, Spencer will be back in court on March 3 at 10 AM to be sentenced on the lone charge. While he could face up to three years in prison and be fined up to $10,000, both parties agreed to recommend probation during sentencing.
According to the factual basis, CCSO was informed by the victim that she had been assaulted by Spencer. She had bruising on parts of her body and also complained of jaw soreness.
Jose Alcantar Jr., 22 of Broken Bow, will remain in jail, but will not see his sentence extended following his appearance in Custer County District Court. Alcantar had agreed to a plea deal where he plead guilty or no contest to attempt of 1st-degree assault (Class IIA felony) and operating a vehicle to avoid arrest (Class IV felony). With the plea deal, all other cases against Alcantar would be dismissed and the parties would recommend the sentence for the cases be ordered concurrent to his sentence in York County.
In October 2021 Alcantar was sentenced in York County to 18 months in prison for flight to avoid arrest, three months for willful reckless driving, and three months for failure to appear. The first two charges were ordered to be served concurrently and the last charge was ordered to be served consecutively from the first two.
According to the factual basis, Alcantar had been arrested in July after he fled a traffic stop from BBPD. The report stated an officer had attempted to pull a vehicle over with no license plates, but it sped away. The officer saw the vehicle fail to stop at stop signs, turn without signaling, and driving recklessly and at a high rate of speed through residential neighborhoods where kids were observed to be playing. Eventually, the vehicle was stopped and Alcantar was arrested.
The following month, BBPD responded to a report of an assault where the victim was found to have multiple lacerations and busing to their face.
Due to his recent sentencing, Judge Noakes allowed the pre-sentence report from York County be used to assist in sentencing Alcantar in Custer County on February 17 at 10:15 AM.
Dominique Dukes, 35 of Chicago, IL., was sentenced on a single charge of criminal attempt of 1st-degree forgery (Class IV felony). Dukes was arrested after she and two other individuals were found to have used counterfeit $100 bills to make purchases at a number of locations in Custer County. The three were later apprehended in Buffalo County for similar charges.
On Thursday, Dukes pled guilty to the amended charge and was subsequently sentenced to two years of probation to be served concurrently with Buffalo County’s probation sentence. If accepted by the state of Illinois, Judge Noakes also allowed the probation to be transferred to Dukes’ home state.
Andrew Adams, 57 of Lincoln, will serve a three-year probation term after he was sentenced for possession of a controlled substance (Class IV felony). Both Deputy County Attorney Kayla Haberstick and Adams’ attorney Christopher Wickham argued that probation would be the best place for Adams to get the help he needs through the multiple programs offered. Adams also briefly spoke and stated he felt probation was what he needs to battle his addiction and get back on the right track.
Judge Noakes agreed and sentenced Adams to three years of probation.