Serving proudly since 1873 as the beautiful Nebraska Panhandle's first newspaper
Serving proudly since 1873 as the beautiful Nebraska Panhandle's first newspaper
Four individuals face sentencing Wednesday morning in Cheyenne District Court, including two Sidney men who have changed pleas to amended drug charges.
Leland Blake, 57, and Donald Schlieker, 50, have both entered guilty pleas to.
Schlieker originally pleaded not guilty to two Class III felony counts of unlawful delivery of marijuana and Class III possession of a defaced firearm.
Blake at first faced two Class II felony charges of delivery of Vicodin (hydrocodone), a DEA Schedule III controlled substance.
Cheyenne County Attorney Paul Schaub has since dismissed one delivery charges and Blake, through defense attorney Steve Elmshaeuser, agrred to the amended charge.
Schlieker , through counsel, Joel Jay, agreed to plea to a reduced charge of one count of marijuana delivery — punishable by one to 20 years imprisonment and/or up to a fine of $25,000 — and a count of Class IV attempted possession of a defaced firearm, which carries a sentence of up to five years incarceration and/or a fine of up to $10,000.
One other drug case will have a hearing Monday.
Ben Jones, 56, Chappell, will appear Monday for a pretrial hearing on a Class III felony charge of conspiracy to commit distribution of a controlled substance (marijuana). A jury trial has been scheduled for March 18 at 8:30 a.m.
Two others will also be sentenced Wednesday by District Judge Derek Weimer, those being Jose Hernandez (Class I misdemeanor DUI – third offense) and Trevor J. Bjerke (attempted violation of the Sexual Offenders Registration Act).
Bjerke allegedly did not inform the Cheyenne County Sheriff’s Office of a change of addresses, not did he complete a Nebraska State Patrol form requesting a move.
In other court hearings slated for Wednesday:
• Bryce Adkins, 20, Sidney, will be arraigned on four felony drug charges: Class II possession of methamphetamine with intent to distribute; and three separate Class IV controlled substance possessions (methamphetamine, heroin and Alprazolam).
Askins was arrested Dec. 10 at Sidney Wal-Mart by Sidney Police Department during an open business check.
• Weimer will rule on an order to show cause involving a Tort claim against the Village of Lodgepole. The claim, filed by Todd and Cody Eichthaler, charged the village to be negligent by properly installing a net on the park’s tennis court. The Eichthaler’s daughter, Jenna, was riding a bicycle on the courts and came into contact with a portion of the net which was not visible.
Her accident has created a $57,330.44 medical bill, and the Eichthalers’ are suing for the medical expenses, along with compensation for pain and mental suffering and scarring/disfigurement.
The process has dragged on, as the accident occurred July 24, 2010, and Weimer will consider dismissing the claim.
• Accused murderer Craig A. Johnson, 47, Sidney, will appear for arraignment on an amended first-degree murder charge. Schaub is using the new charge, citing a habitual criminality enhancement.
While seeking the enhancement, Schaub noted that Johnson has been sentenced on prior occasions, all in Houston County, Texas. In December 1987, Johnson violated his probation on a 1983 burglary charge, being sent to the Texas Department of Corrections for a five-year term.
Johnson was also sentenced for another burglary charge in April 1990, where he received a 12-year sentence, and in June 1993, he was given probation after pleading guilty delivery of a controlled substance. Johnson had that probation revoked in December 1993, when he was sentenced to serve 15 years.
Johnson faces a felony Class 1B murder charge and Class II felony use of a weapon to commit a felony, in connection with the Dec. 11, 2011 beating death of April Smith.
Also, Johnson’s counsel, Kelly Breen is filing a second motion for a competency hearing and a continuance in the case.
• Larry Martinez, 53, Sidney, will appear for a supplemental juror questionnaire hearing. Martinez is charged with Class IA first-degree murder in the July 18 shooting death of Mandy Kershman.
Schaub initially sought the death penalty against Martinez, but the defendant was spared death row when Schaub determined sufficient admissible evidence no longer existed to support capital punishment.
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