Hunter Eller, age 26 of Oconto, was sentenced in Custer County District Court Thursday morning. He had entered a plea of no contest and been found guilty on May 18 to two counts of third degree sexual assault, both class I misdemeanors.
In arguments, the state recommended following the recommendation made in the presentence investigation report (PSI) which called for a term of probation. Deputy County Attorney Kayla Haberstick commended Eller for taking responsibility in the PSI, but stated that that does not change the road ahead for the victim.
Eller’s attorney stated that he also agreed with what the PSI recommended. He went on to ask that if jail time is a part of the sentence that Eller be allowed time to report and that he is not a flight risk. He closed by saying he believes Eller would be a great candidate for probation.
Judge Noakes followed the recommendations made in the PSI, sentencing Eller to a period of two years of probation on each count to be served consecutively. She also sentenced him to 90 days in jail for each count, also running consecutively. He was given credit for one day served. She ordered Eller to report to the county jail on September 29th.
Danny Millsap, age 55 of Broken Bow, appeared regarding a motion filed by the state to revoke probation. Millsap was placed on probation in August of 2022 for possession of a controlled substance, a class IV felony. He was appointed an attorney and ordered to appear to admit or deny the allegations.
The attorney for Cody Spanel, age 33 of Broken Bow, stated that an agreement had been reached with the state in his case. To count one, flight to avoid arrest (a class I misdemeanor), Spanel pled no contest. A class I misdemeanor holds no minimum charge and a maximum of no more than one year imprisonment, a $1000 fine, or both. To count two, willful reckless driving (a class III misdemeanor), Spanel pled no contest. A class III misdemeanor holds no minimum charge and a maximum of three years imprisonment, a $500 fine, or both.
The factual basis from the state indicated that the occurrence took place on June 11, with Spanel being seen speeding by a State Trooper on a motorcycle south of Sargent while passing vehicles dangerously.
Judge Noakes found him guilty of both counts, ordered a PSI, and set sentencing for November 9 at 10 am.
