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Drunk driver accepts 2nd plea deal of year

Tuesday, December 11, 2012

McCOOK, Nebraska -- A plea agreement was reached with a McCook man last week in Red Willow County District Court that reduced a fifth offense drunk driving charge to fourth offense and dismissed a charge of driving with a revoked driver's license. The offender, 53-year-old Marvin D. Mueller of 200 East C Street, accepted a similar plea agreement in April which reduced what was pursued then as a third offense drunk driving charge to a second offense.

Mueller's most recent drunk driving arrest occurred after he ran a stop sign at the intersection of East H and First Street in June, which resulted in him colliding with another vehicle.

Mueller was originally cited for violating a stop sign, in addition to drunk driving and driving with a revoked driver's license. The stop sign violation was not pursued by Red Willow County Attorney Paul Wood, who subsequently offered Mueller the plea deal which dismissed the revoked driver's license offense and reduced the drunk driving charge to fourth offense.

The June accident and Mueller's subsequent arrest occurred two months after he was sentenced to 120 days in jail for a previous drunk driving offense, which also occurred in Red Willow County. Mueller also has a 2009 drunk driving conviction in Lincoln County, a 2007 conviction in Furnas Count and a 2005 conviction in Frontier County, according to court documents.

Mueller's accepted a similar plea agreement in the April Red Willow County drunk driving conviction, which reduced it from a third offense to a second offense. He was also convicted of leaving the scene of the accident, possession of marijuana and possession of drug paraphernalia in addition to the second offense drunk driving.

Mueller is scheduled for sentencing on the fourth offense drunk driving charge in Red Willow County District Court at 9:15 a.m. on Feb. 4, 2013.

Other activity in Red Willow County District Court last week:

* 22-year-old Johnathon M. Wickizer of Benkelman, Nebraska, admitted guilt to a Class III felony offense of burglary. The charge against Wickizer stemmed from more than $9,000 in cash, in addition to jewelry and other items allegedly taken from a West First Street residence in May, that he and two accomplices were charged with taking. Wickizer is scheduled for sentencing at 9:45 a.m. on Feb. 4, 2013, in Red Willow County District Court.

* Probation was revoked for 49-year-old Judith V. Stark of 711 East H Street and she was sentenced to 60 days in jail. Stark was serving an 18 month probation sentence stemming from felony drug possession charges she was convicted on in 2010. Stark's probation violations stem from a June 2011 third offense drunk driving arrest by the McCook Police Department and an August 2011 arrest by the Red Willow County Sheriff's Department for distribution of a controlled substance.

Stark's 60-day jail term was ordered to be served at the same time as jail time she received in a Lincoln County case for felony delivery of a controlled substance.

* 43-year-old Penny L. Sullivan of 1409 E. Fairacres Circle pleaded not guilty to charges of third offense drunk driving and operation of a motor vehicle with a revoked driver's license. A hearing was scheduled in Red Willow County District Court at 10:45 a.m. on Jan. 7, 2013.


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