It was a busy day for criminal cases in Custer County District Court on Thursday, June 26th.
Appearing for an arraignment was Adam R. Jesseph, age 38 of Cozad. The State announced a plea agreement had been reached in the case and Jesseph pleaded no contest to Count II, possession of a controlled substance—methamphetamine, a Class IV felony. Per the plea agreement the State dismissed four other counts–possession of methamphetamine with intent to distribute, obstruction of a government operation, possession of drug paraphernalia, and habitual criminal-enhanced. Judge Karin Noakes found the defendant guilty and Jesseph waived his right to a presentence investigation. He was sentenced to nine months in jails and given credit for 56 days served.
Phillip S. Duncan, age 54 of Broken Bow, appeared for sentencing. In a plea agreement this January, Duncan pleaded no contest to eleven charges from an arrest in July 2024. Those charges included use of a deadly weapon to commit a felony, possession of a deadly weapon by a prohibited person, 3rd degree assault, and terroristic threats. In review of the presentence investigation, Judge Noakes noted the defendant’s substantial prior criminal history and the violent nature of the crimes that were committed in Custer County. However, the Judge also noted that the defendant has since taken steps toward rehabilitation. Duncan was sentenced to five years of probation in eight of the charges and two years of probation for the other charges, with the probation terms to run concurrently.
Also appearing for sentencing was Anthony E. Holmes, age 55 of Lexington. In May, Holmes entered into a plea agreement with the State and pleaded guilty to a charge of flight to avoid arrest, a Class IV felony, in exchange for dismissal of two other counts. A presentence investigation was ordered and the Judge had reviewed that report. Holmes was sentenced to three years of probation and ordered to serve 90 days in jail. He was given credit for 90 days of time already served.
Alexxis R. Shimko, age 29 of Miller, was in court on a motion to terminate her participation in the problem solving drug court program. The State alleges Shimko violated numerous conditions of her drug court contract. The defendant was ordered to appear for a July 24th hearing in the cases. Defense attorney, Chris Gosselin, filed a motion and argued for a bond modification review. The State objected and Judge Noakes denied the bond modification.
Clint J. Howard, age 37 of Wilcox, Nebraska, appeared in court for a hearing to revoke post-release supervision. In January of 2024, Howard was convicted of driving under the influence, 3rd offense, a Class IIIA felony, and was sentenced to 18 months of probation. The State alleges that Howard has violated the terms of his probation and Judge Noakes scheduled a hearing in the matter for July 24th.
An arrest warrant was issued by the Judge for Justin W. Spencer, age 50 of Sargent, as he failed to appear for a hearing to revoke his post-release supervision.
