Court convicts woman for harboring escaped youths

By Russ Krebs/Tribune Staff
Wednesday, Apr 06, 2005 - 12:12:31 pm CDT

A Fremont woman has been convicted for her part in hiding six runaways.

Barbara Fitzpatrick, 36, was convicted of two counts of contributing to the delinquency of a minor for harboring six youths who escaped from a juvenile detention center in early November.

Both charges are Class I misdemeanors and carry a penalty of up to one year in prison and/or up a $1,000 fine.

"Six juveniles, including the defendant's son, ran away from the Omaha Home For Boys and she lied they were (at her house)," said Assistant County Attorney Mark Boyer. "While the juveniles were out, they were involved in numerous crimes in Fremont. They were able to engage in illegal activity because of Ms. Fitzpatrick. I recommend jail time."

Fitzpatrick's sentencing was continued to May 10, and she was ordered to have a psychological and chemical dependency evaluation in the meantime.

Other cases heard Tuesday included:

* Edward Adams, 41, of Nickerson pleaded guilty to no proof of insurance, a Class II misdemeanor, when he was stopped by the Fremont Police Department March 7. He now has car insurance and was fined $75 plus $41.50 in court costs.

* Lorie L. Allen, 41, of Fremont pleaded guilty to no proof of insurance, a Class II misdemeanor, when stopped by the FPD Feb. 17. She now has proper car insurance and was fined $75 plus $41.50 in court costs.

* Sentencing for Douglas D. Appleby, 36, of Fremont for driving under suspension-fourth offense, a Class III misdemeanor, was continued until May 10 so he could obtain his driver's license.

* Drew B. Arvenitis, age unknown, of Fremont had his arraignment continued to April 19 so he could get his driver's license reinstated. Arvenitis is accused of driving under suspension-third offense.

* A preliminary hearing for Adam R. Avery, 27, of Omaha was scheduled for April 19. He is accused of first-degree sexual assault on a minor, a Class II felony. If convicted, Avery could face up to 50 years in prison.

* Benjamin M. Baker, 19, of Ames pleaded guilty to a minor in possession. He was fined $250 plus court costs.

* Chas M. Bechtel, 27, of Fremont pleaded not guilty to domestic assault, a Class I misdemeanor, disturbing the peace, a Class II misdemeanor, and criminal mischief, a Class III misdemeanor. A pre-trial conference was scheduled for April 26.

* Nathan J. Beierman, 21, of Fremont pleaded guilty to driving under the influence-first offense in exchange for refusing to submit charges being dropped. A chemical evaluation was ordered before Beierman's scheduled sentencing May 10.

* Travis O. Bendig, 22, of Fremont pleaded guilty to no proof of insurance and driving under suspension-first offense during a March 2 Dodge County Sheriff's Department stop. He was fined $75 for each count plus $41.50 in court costs.

* Michael R. Benjamin, 52, of Fremont had his driver's license reinstated after a March 21 continuance on a driving under suspension charge. He was fined $75 plus $41.50 in court costs.

* Dustin Bjorklund, 17, of Fremont had his probation revoked for DUI-first offense and minor in possession. Boyer said Bjorklund failed to report to three scheduled probation visits and failed to show up for five drug tests. He is to report to the Dodge County Jail for seven days on May 23, after he turns 18.

* Robert J. Bussen, 20, of Fremont pleaded guilty to DUI-first offense, a Class W misdemeanor, in exchange for minor in possession and speeding charges being dropped. Boyer said when Bussen was stopped by the Dodge County Sheriff's Office on Dec. 12, he had a blood alcohol content of .126 percent. Bussen was ordered to serve seven days in jail, pay a $400 fine and $41.50 in court costs.

* Jonathon R. Carlson, 23, of Fremont pleaded not guilty to resisting arrest and obstructing a police officer, both Class I misdemeanors, and two counts of disorderly conduct, a Class III misdemeanor. His bond was continued at 10 percent of $10,000 and a May 3 pre-trial conference was scheduled.

* David W. Clukey, 34, of Fremont pleaded guilty to two separate DUI-first offense charges in exchange for driving during revocation, possession of drug paraphernalia and possession of marijuana-less than an ounce charges being dropped. Boyer said Clukey had a blood alcohol content of .158 percent during a Dec. 18 FPD stop and a blood alcohol content of .187 percent, more than twice the legal limit, during a Feb. 5 FPD stop. He was ordered to serve two 14-day jail sentences concurrently, pay two $400 fines and two $41.50 court fees. He also had his driving privileges suspended for six months.

* Neal R. Connick, 19, of Fremont pleaded guilty to a minor in possession after his March 4 arrest by sheriff's deputies. He was fined $250 plus court costs.

* Crystal R. Evans, 21, of North Bend pleaded not guilty to hosting an underage alcohol party at her residence on March 6. She is charged with procuring alcohol for a minor, contributing to the delinquency of a minor and false reporting, all Class III misdemeanors. A pre-trial conference was scheduled for April 26.

* Ricardo D. Evans, 24, of North Bend pleaded not guilty to hosting an underage alcohol party at his residence on March 6. He is charged with procuring alcohol for a minor, contributing to the delinquency of a minor and false reporting, all Class III misdemeanors. A pre-trial conference was scheduled for April 26.

* Charles Foster, 21, of Fremont pleaded guilty to shoplifting, a Class II misdemeanor, and not guilty to theft of lost property, a Class III misdemeanor. FPD reports accuse Foster of leaving Food 4 Less with nearly $200 worth of groceries without paying for them. A May 13 trial was set for the theft of lost property charge and he was fined $150 plus $41.50 in court costs for the shoplifting charge.

* A bench warrant was issued for Edgardo Garcia, 27, of Columbus for failure to appear. He was arrested for DUI-first offense by the sheriff's deputies Sept. 2. Once caught, he will have to pay a $500 cash bond to be released.

* An arraignment for Joe A. Hanson, 23, of Fremont was continued to April 19 to allow him to hire an attorney. Hanson is accused of no proof of insurance and no proof of ownership, both Class III misdemeanors, and the infractions of no helmet and no operator's license.

* Matthew D. Harless, 25, of Fremont pleaded guilty to driving under suspension-first offense. He was fined $75 plus $41.50 in court costs.

* A bench warrant was issued for Kimberly J. Holland, 41, of Fremont for failure to appear. She was charged by the sheriff's office on March 1 for no proof of insurance, a Class II misdemeanor. Once arrested, Holland will have to pay a $500 cash bond to be released.

* Reuben J. Jiminez, 35, of Fremont had his license reinstated after having his arraignment continued for driving under suspension. Jiminez was fined $75 plus $41.50 in court costs.

* Julie E. Lamson, 44, of Fremont pleaded guilty to theft by shoplifting, a Class II misdemeanor. She was arrested by the FPD on Feb. 8 after stuffing $33.60 worth of merchandise in her backpack at Food 4 Less. A pre-sentence investigation was ordered and sentencing was scheduled for May 10.

* A bench warrant was issued for Cindy Lincoln, 50, of Fremont for failure to appear. She is charged with writing an insufficient funds check, a Class II misdemeanor. A $500 cash bond was set for when she is arrested.

* The arraignment for Sean Lundstrum, 23, of Fremont was continued to April 19 so he could meet with court-appointed attorney Leta Fornoff. Lundstrum was arrested by the FPD on Feb. 17 for criminal trespass, a Class I misdemeanor, and theft by shoplifting, a Class II misdemeanor.

* A charge of driving under suspension was amended to no operator's license for Robin C. Mackey, 29, of Fremont. She pleaded guilty to the charge and was fined $100 plus $41.50 in court costs.

* Through a plea agreement, Kirk K. Miller, 48, of Fremont will have a DUI-second offense considered DUI-first offense. Boyer said on Dec. 16, Miller was stopped by the Nebraska State Patrol when they saw him swerving on U.S. Highway 30 and found he had a blood alcohol content of .182 percent.

Prior to his court date, Miller attended a 30-day in-patient treatment at the Betty Ford Clinic, which Judge Kenneth J. Vampola said was more harsh than any alcohol evaluation he could order. Miller was ordered to attend five Alcoholics Anonymous meetings per week unless lessened by a probation officer, placed on six months probation, ordered to pay $210 in probation fees, $400 in fines, complete 60 community service hours, complete a defensive driving course and had his driver's license suspended for 60 days.

* Patrick Newcomer, 18, of Fremont pleaded guilty to minor in possession, a Class III misdemeanor and was ordered to pay a $250 fine plus $41.50 in court costs.

* Michael E. Rausch, 26, of Fremont pleaded guilty to two counts of driving under suspension in exchange for concurrent jail terms of 30 days on each of the Class III misdemeanors. He was given credit for nine days served, had his driver's license suspended for one year and was charged $83 in court costs.

* Aracaly Rodriquez, 19, of Crete proved her driver's license had been re-instated after a driving under suspension charge. She was fined $75 plus $41.50 in court costs.

* Corri A. Roucka, 30, of Fremont was sentenced to 210 days in the county jail for theft by receiving stolen property on Sept. 23, 2003, and attempting to possess a controlled substance on Aug. 18, 2004. She was given credit for 70 days time served for the two Class I misdemeanors. She also was ordered to serve 18 months probation once released, to receive psychiatric counseling, attend a minimum of two Alcoholics or Narcotics Anonymous meetings a week and pay $41.50 in court costs for each charge.

* Monica Ruiz, 28, of Nickerson had her sentencing for a Dec. 11 driving under suspension stop by the FPD continued to April 18 to allow her to obtain her driver's license.

* William M. Scheef, 42, of North Bend pleaded guilty to a Feb. 23 third-degree domestic assault charge. The sentencing for the Class 1 misdemeanor was continued to May 10 for him to obtain psychiatric and substance abuse evaluations.

* Tony R. Seagle, 42, of Fremont pleaded no contest to a plea agreement that amended a theft by receiving stolen property charge to joyriding. He was ordered to serve 30 days in jail to run concurrently with a separate DUI charge, and fined $100 plus court costs. Seagle was arrested by sheriff's deputies March 10 after he was found inside a vehicle that had been reported stolen to the FPD. He had the keys and admitted he had been drinking.

* Robert A Severson, 42, of North Bend had his arraignment for two counts of second-degree criminal trespass and one count of disturbing the peace, all Class III misdemeanors, continued to April 19 so he could obtain an attorney.

* Joshua Simmons, 21, of Fremont pleaded guilty to first-degree trespass, a Class I misdemeanor. The FPD found him hiding in a basement in the 1500 block of N. H Street and he claimed he was homeless and had nowhere else to go. Simmons was fined $150 plus $41.50 in court costs.

* A bench warrant was issued for Angela M. Smith, 18, of Omaha for failure to appear in court Tuesday. She is charged with driving under suspension by the sheriff's office on Nov. 30. Once arrested, she must post a $500 bond before being released.

* A bench warrant was issued for Janelle Smith, 25, of Valley for failure to appear on a charge of writing a check on a closed account, a Class II misdemeanor. Once arrested, she must post a $500 bond to be freed.

* Ricky L. Stolley, 42, of Fremont requested a preliminary hearing on four Class III felony charges. Over several days at the end of February, he is accused of delivery of a controlled substance-methamphetamine and possession of a controlled substance with the intent to deliver-methamphetamine. A preliminary hearing was set for April 19. Each charge carries a maximum penalty of 25 years in prison and/or up to a $25,000 fine.

* Steven R. Swanson, 46, of Fremont pleaded guilty to DUI-first offense, a Class W misdemeanor, and license plates not clear and visible, a Class III misdemeanor. He was placed on six months probation, ordered to pay $210 in probation costs, $425 in fines and $41.50 in court costs. He also received a 60-day suspended sentence, had his driver's license suspended for 60 days and must complete a residential treatment program and follow through with any recommendations.

* Randy L. Voegler, 47, of Fremont, was bound over to district court after waving his preliminary hearing for possession of a controlled substance-methamphetamine, a Class IV felony. His first district court hearing is scheduled for April 11.

* Sean P. Zuerlein, 25, of Fremont was granted a preliminary hearing on April 19 for three counts of delivery of a controlled substance-methamphetamine. He is accused of selling meth in Fremont during February.

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