Sentencing And Alleged Absconding Case Heard In Custer County District Court

A pair of criminal cases were heard in Custer County District Court on Thursday, February 17.

Sam Payton, 43 of Callaway, appeared after he was arrested for allegedly absconding from probation. Payton was sentenced to jail in 2020 which was followed by 18 months of post-release supervision for 3rd-degree domestic assault (Class IIIA Felony). According to court documents, Payton allegedly absconded from probation and a warrant was issued for his arrest.

On Thursday, Payton requested a court-appointed attorney which was granted by the court. Bond was also set at 10% of $10,000. He will appear back in court for a first appearance on March 3 at 10:15 AM.

Jose Alcantar Jr., 22, appeared in court to be sentenced on an attempt of 1st-degree assault (Class IIA Felony) and operating a vehicle to avoid arrest (Class IV felony). During arguments, Deputy County Attorney Kayla Haberstick asked the court to follow the plea agreement of sentencing Alcantar Jr. to a year in prison on each charge to be served concurrently with each other and a sentence out of York County.

Alcantar Jr.’s attorney Mark Porto stated his client has an alarming record and Alcantar Jr. would admit to that fact. He argued however that this is the first life-changing event that has taken place in regards to being in the court system. Porto noted these charges have been hard on his family and they want Alcantar Jr. to be released from prison as a better person. He also stated there may be some unaddressed mental health issues that may have played a factor in Alcantar Jr.’s behavior. He concluded it makes the most sense to combine the sentences with York County.

Judge Karin Noakes agreed to the plea agreement and sentenced Alcantar Jr. to a year in prison on each charge to be served concurrently with each other and concurrently with the sentence out of York County.