BROKEN BOW – The Custer County District Court heard eight criminal cases Thursday morning with Judge Karin Noakes presiding.
Marlon D. Cucul-Tzin, age 22 of Broken Bow, appeared for a pretrial hearing. Cucul-Tzin’s attorney had filed a request to continue and Judge Noakes granted the request, noting this would be the last continuance. A pretrial conference was set for September 19, 2024 with a jury trial date slated for October 15, 2024.
Courtney J. Alspaugh, age 34 of Broken Bow, appeared for an arraignment in his case. Alspaugh is charged with 3rd degree assault, a misdemeanor; making terroristic threats, a Class III felony; and use of a deadly weapon, a Class III felony. He entered not-guilty pleas to all charges and his case will move to a jury trial on October 15, 2024.
Chance L. Smith, age 33 of Cozad, appeared for a pretrial hearing. Smith is charged with two counts of making terroristic threats and two counts of assault, all felonies. His case was slated for a jury trial on June 10, 2024.
Darrin L. Ostrander, 29 of Broken Bow, appeared for a pretrial hearing in his case. Ostrander is facing one count of alleged first-degree sexual assault, a Class II felony. A jury trial has been set for June 10, 2024.
Sam G. Payton, age 45 of Callaway, appeared for a pretrial hearing in his case. In a plea agreement reached with the State, Payton changed his plea to no contest on charges of making terroristic threats, a Class III felony. Payton was found guilty by the court and ordered to undergo a pre-sentence investigation. Sentencing has been set for July 11, 2024.
James L. Barta, 34 of Broken Bow, did not appear before the court; his case was set for a pretrial hearing. Barta was arraigned in February of this year for domestic assault, a Class III felony; resisting arrest, a Class I misdemeanor; and obstructing a police officer, also a Class I misdemeanor. A pretrial conference will be held in September, with a jury trial slated for October 15, 2024.
Timothy A. Rosentrater, age 62 of Callaway, appeared for a pretrial hearing. Rosentrater was arraigned in March 2024 on a charge of 1st degree sexual assault, a Class II felony. The pretrial hearing was continued to October 15, 2024. Rosentrater also requested a bond review by the Court. Bond is currently $250,000 with a 10% privilege and he requested the bond be reduced to $100,000 with a 10% privilege. The State opposed the request and Judge Noakes ruled the existing bond remain in place.
Lex J. McDaniel, age 56 of Sargent, appeared for sentencing in his case. On February 29th of this year, McDaniel was found guilty to an amended charge of 1st offense resisting arrest, a Class I misdemeanor. Judge Noakes ordered McDaniel be placed on probation for two years and continue with counseling.
