Callaway man pleads not guilty to first degree sexual assault

BROKEN BOW- Timothy Rosentrater, age 62 of Callaway, appeared for arraignment in Custer County District Court on a charge of first degree sexual assault, a class II felony. The charge, alleged to have occurred on or about January 28 of this year, holds possible penalties of one year minimum incarceration and a maximum of 50 years incarceration. First degree sexual assault also requires the defendant to register as a sex offender.

The state and Rosentrater’s attorney both indicated that a plea agreement had not currently been made. Rosentrater entered a plea of not guilty, and Judge Noakes set jury trial for June 10, 2024 at 9:00 a.m. A pretrial conference was scheduled for May 16 at 10:00 a.m.

Carlos Riol, age 41 of Broken Bow, was scheduled for entry of plea on alleged charges of third degree domestic assault and attempt of a class IV felony, a class I misdemeanor. He did not appear with his attorney via Zoom video call as allowed by the court. Both charges are amended charges from a plea agreement made previously.

Riol was stated to have not shown up to previous court dates as well, and the state asked for a bench warrant to be issued. Riol’s attorney stated that pretrial and jury trial were already scheduled and asked that those dates be kept and his client be asked to appear then. Judge Noakes issued a bench warrant with a 10% of $25,000 bond on each case not concurrent with each other.

Danny Millsap, age 55, had his case progress to sentencing following a motion to revoke probation in early 2023. Millsap was stated to have violated conditions of his probation stemming from a possession of a controlled substance charge (class IV felony) that he pled no contest to in April 2022.

The state and Millsap’s attorney came to a plea agreement in the case, and Judge Noakes followed the agreement. Millsap was sentenced to 210 days incarceration and given credit for 210 days served. Costs in the matter were discharged and the credit for time served was ordered to run concurrent with three current county cases.

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