Felon receives probation on new weapons, domestic assault charges

Thursday, July 10, 2014

McCOOK, Nebraska -- A local felon with a lengthy history of assault arrests was sentenced to probation time Monday in Red Willow County District Court after being convicted on a pair of weapons charges and misdemeanor domestic assault.

The offender, 37-year-old Brian A. Tynes of 300 West 11th Street, accepted a plea agreement in May admitting guilt to a Class III felony offense for being a felon in possession of a knife and a pair of Class I misdemeanor offenses for carrying a concealed handgun and third degree domestic assault. The plea agreement dismissed a Class ID felony offense for being a felon in possession of a firearm.

Tynes was subsequently sentenced to 36 months probation during Monday's sentencing hearing.

The charges stem from Tynes arrest at the Chief Motel on April 2, 2014, after fleeing the residence of his fiancée, 31-year-old Jenifer Rodriguez. A child of Rodriguez called 911 at her mother's direction after an argument between the couple turned physical.

At the time of his arrest Tynes was carrying a loaded handgun he had reportedly stolen from Rodriguez, in the right pocket of a zippered hoodie he was wearing. He was also wearing a knife sheath on his hip containing a knife with a 7 inch blade and had a second blade in his pocket with a blade length just under 4 inches.

Tynes has been arrested multiple times in California for "inflicting corporal injury to a spouse or cohabitant," dating back to 1997 and as recent as 2012. He was sentenced to a five year suspended prison sentence and probation as a result of a 2012 battery conviction, according to court documents.

Other activity in Red Willow County District Court, July 7, 2014:

* 36-year-old Kenneth W. Tayloe of 1604 W. Fourth Street Lot 84, was sentenced to 120 days in county jail after accepting a plea agreement in April admitting guilt to misdemeanor offenses for assault and resisting arrest. Tayloe was originally charged with a felony offense of third degree assault of a police officer stemming from his March 2014 resist filled arrest, during which he head-butted one arresting officer.

The night of his arrest Tayloe was given a ride to a residence in the Lazy L trailer court by McCook police officers, after they responded to a complaint from TJ's Family Fun Center. Tayloe was refused service by the business and banned for 30 days after arriving in an extremely intoxicated state. Shortly after dropping him at a friends house the police department received another complaint from residents at the home. Tayloe subsequently refused to leave, leading to his resist-filled arrest with the officers that had previously given him a ride.

Tayloe's plea agreement reduced a Class 3A felony for third degree assault of a peace officer to a Class I misdemeanor offense of third degree assault and admitted guilt to a second Class I misdemeanor offense for resisting arrest. Tayloe was subsequently sentenced to 60 days in jail on each count, to be served consecutively and with credit given for 37 days already served.

Tayloe was already on probation at the time of his arrest and was also sentenced to an additional 12 months probation and ordered to attend intensive outpatient counseling as directed by his probation officer, as a result of probation violations stemming from the arrest.

Tayloe's original probation stemmed from his June 2013 conviction for Class III felony forgery. Tayloe was convicted of forging 16 checks on the bank accounts of two victims, with amounts combining for more than $1,000.

* 19-year-old Zachary A. Arntt accepted a plea agreement admitting guilt to a trio of Class I misdemeanor offenses, including third degree assault, carrying a concealed weapon and attempted possession of methamphetamine. Arntt was originally facing a felony meth possession charge.

Arntt was subsequently scheduled for sentencing at 1:15 p.m. on Sept. 8, 2014.

The charges against Arntt stem from his assault of Joseph Farr and subsequent arrest in May 2014. The weapon charge stems from a "dirk or knife with dirk blade attached" confiscated from Arntt at the time of his arrest, according to court documents.