Sexual assault of a minor among district court cases heard recently

McCOOK, Neb. — A man formerly of McCook is being charged with four felony counts of sexual assault of a minor, stemming from incidents allegedly occuring in 2004.

Mark Warburton, 65, now of New Mexico, pleaded not guilty July 6 in Red Willow County District Court to two counts of sexual assault of a minor, first degree, Class II felonies, sexual assault of a minor, a Class IIIA felony and commit child abuse intentionally, a Class IIIA felony.

His lawyer, Nathanial Mustion of McCook, has requested a psychiatric evaluation to assess Warburton’s competency due to mental health issues.

He also requested that the costs of the evaluation be paid by the state as Warburton does not have funds or income.

The charges come from incidents allegedly occuring in 2004, when the mother of a nine-year-old girl contacted the McCook City Police in December 2004 and reported that her child had been touched inappropriately by Warburton during summer of that year, according to the McCook Police narrative.

A video tape recorded by the McCook Police Department in 2004 documented the victim relating the incidents to an investigator.

No charges were filed at the time, according to the McCook Police narrative, as the mother wanted to wait until her daughter was emotionally able to handle the situation. According to the narrative, the mother and her daughter had been in the car and upon seeing Warburton in public, her daughter had became visibly distraught, the mother said.

In July 2016, the victim, now 21, spoke to law enforcement and asked if charges could still be filed as she wanted to move forward with the case. She met with investigators and recalled specific incidents.

A motion hearing is set for Aug. 6. Warburton remains in jail; a $250,000 bond was set with 10 percent, or $25,000, not being met.

Also seen in district court in July were:

* Kennth Farr, 38, no address, was charged with driving during revocation, first class, Class II misdemeanor, possession of a controlled substance, a Class IV felony and possession of drug paraphernalia, an infraction. In a plea agreement, he pleaded guilty to the amended charge of attempted possession of a controlled substance and possession of drug paraphernalia, with driving during revocation dismissed. Sentencing is Sept. 10

* Joshua R. Knappert, 35, of 302 E. Seventh, was charged with third degree domestic assault and terroristic threats, both Class III A felonies. He pleaded not guilty with a motions hearing set for Aug. 6. According to the probable cause affadavit, he allegedly grabbed his girlfriend by the neck while she was in the bathroom and held her up against the wall while applying pressure to her neck. He also allegedly threatened to hurt her family. Because Knappert was on probation when the incident occurred, he was cited for violating conditions of his probation. He was on probation for driving under suspension and the amended charge of attempted possession of a deadly weapon by a prohibited person.

* Alfonso V. Romero, 30, of North Platte, was charged with possession of a controlled substance, a Class IV felony, possession of a drug paraphernalia, an infraction, two counts of carry a concealed weapons, Class I misdemeanor, three counts of child abuse, a Class III felony and two counts of carrying a concealed weapon, Class I misdemeanors. In a plea agreement, he pleaded no contest to possession of a controlled substance and child abuse, a Class IIIA felony, with all other charges dismissed. Sentencing is Sept. 10. According to law enforcement narrative, on March 8 at 8:01 p.m., the Red Willow County Sheriff’s department responded to a call about a vehicle driving erratically, south on U.S. Highway 83. After pulling the vehicle over, three children were in the back seat as well as a female passenger in the front passenger side, Melissa Romero, 33, of North Platte. An uncapped needle was found underneath the passenger seat, as well as stuffed into the back side of the passenger seat and in a cigarette package. Other items found in the vehicle were a .22 caliber Baretta pistol in the passenger’s purse, a pill bottle containing oxycotin pills and two baggies of a while substance, later verified as methamphetamine.

* Robert L. Osborne, 65, of Commerce City, Calif., was charged with possession of a controlled substance, and no drug stamp, both Class IV felonies and drug paraphernalia, an infraction. In plea agreement, he pleaded no contest to possession of a controlled substance and no drug drug stamp with drug paraphernalia dismissed. Sentencing is Sept. 10. In the police narrative, his vehicle was pulled over Jan. 6 for a defective rear tail light when officers detected an odor or marijuana and a search of the vehicle found evidence of a controlled substance.

* Seth J. Straub, 19, of Palisade, was charged with two counts of possession of a controlled substance, Class IV felonies, the first for methamphatamine and the second, THC. In a plea agreement, he pleaded no contest to the second count with the first dismissed. Sentencing is Sept. 10. In a traffic stop for a vehicle with no plates and broken tail light, Straub, a passenger, was allegedly found with a small baggie filled with a white substance, that later tested positive for methamphatamine and a green wax substance labeled “Flo Shatter,” THC, and a two marijuana pipes with burnt marijuana residue.

* Dallas G. Matthews, 21, of Palisade, was charged with possession of a controlled substance, meth, a Class IV felony, use of a deadly weapon to commit felony, a Class III felony, no drug stamp, a Class IV felony and carry concealed weapon, first offense, a Class I misdemeanor. In a plea agreement, he pleaded no contest to possession of a controlled substance and carry concealed weapon, with the other charges dismissed. He was sentenced to 30 months probation. On Feb. 7, 2017, he was stopped on B Street for no plates and a broken tail light and when asked if there were any weapons, reached for a hand gun concealed in a cubby space below the stereo in the vehicle. During the search of the vehicle, a meth pipe was found and a small baggie with a white substance.

* Gregory S. Murdie, 45, of North Platte, pleaded guilty to theft by unlawful taking, $1,500 to $5,000, a Class IV felony with sentencing Sept. 10. He allegedly shoplifted merchandise from Walmart sometime between Sept. 20 and Oct. 26, 2017.

* David S. Leibbrandt, 37, no address given, was charged with burglary and theft by unlawful taking, both Class IIA felonies. In a plea agreement, he pleaded guilty to the burglary charge and the Class IV felony of theft by unlawful taking. Sentencing is Sept. 9. Leibbrandt allegedly broke into a relative’s home in rural Red Willow County on April 10 or 11 and took a 1998 Cadillac El Dorado, a shot gun and jewelry from the residence.

Leibbrandt was also charged in another case for allegedly breaking into a rural residence on Oct. 27, 2017 on Road 708 in Red Willow County and taking a 2008 Dodge Ram pickup, that was later found abandoned in another location. In a plea agreement, he pleaded no contest to forgery, second degree, $0-500, a Class II misdemeanor and theft by unlawful taking, a Class IV felony. He was originally charged with burglary, a Class IIA felony and theft by unlawful taking, a Class II A felony. Sentencing is Sept. 10.

* Riley B. Crocker, 35, no address given, was charged with burglary and theft, over $5,000, both Class IIA felonies. In a plea agreement, she pleaded no contest to the burglary charge and forgery, second degree, and Class II misdemeanor. She allegedly wrote a check on the account from the residence she and Leibbrandt broke into on Oct. 27. In another case, she pleaded no contest to burglary, a Class II A felony and theft by unlawful taking, $1,500-$5,000, a Class IV felony, for a break-in on April 10 or 11. Sentencing for both cases is Sept. 10.

* Brandi S. Emmons, 38, of Stratton, in a plea agreement, pleaded no contest refusal to submit to a chemical test, and Class W misdemeanor and possession of controlled substance, meth, a Class IV felony, with two charges dismissed: driving under the influence, drugs, first offense, a Class IV misdemeanor and possession of drug paraphernalia, an infraction. Charges stem from an incident on March 19, 2018. In a separate case, she pleaded no contest to attempted possession of a controlled substance, a Class I misdemeanor amended from possession of a controlled substance, a Class IV felony. In a traffic stop on April 12, meth was found in a straw in her vehicle, along with a table saw, a sander, a chain saw, and a big screen television. Emmons allegedly said she was en route to a North Platte pawn shop. The items were leased, unpaid for. with the lease agreement not with her or to her boyfriend she alleged said owned them, according to law enforcement narrative. Sentencing for both cases is Sept. 10.

* Cody A. Moravic, 27 of 1410 West 14th, pleaded no contest and was sentenced to 180 days in jail, with credit for two days, on the amended charge of attempted possession of a controlled substance, cocaine, a Class I misdemeanor, originally charged with possession of a controlled substance, a Class IV felony. He was also sentenced to pay a $300 fine for possession of marijuana, one ounce or less, an infraction, and $100 for possession of drug paraphernalia, an infraction.

* Joe S. Lopez, 20, no address given, had his probation revoked due to probation violations and was sentenced to 180 days in jail for attempted possession of a controlled substance, 30 days for driving under suspension and 30 days for fictitious plates, all served concurrently. He was originally sentenced to two years of probation in May 2017 for attempted possession of a controlled substance, with possession of drug paraphernalia dismissed. Probation violations included failure to report for scheduled appointment at McCook Probation office, missed drug testing and admitting to using marijuana.

* Nicholas R. Clapp, 27, of 405 W. Fourth, was sentenced to violating conditions of his probation. He was sentenced to 180 days for the amended charges of attempted possession of a controlled substance, meth, a Class I misdemeanor and 300 days in jail for operating a motor vehicle to avoid arrest, a Class IV felony. He was originally placed on 36 months probation for a January 2016 incident where after an attempted traffic stop, Clapp fled from law enforcement at high rates of speed, the vehicle crashing into a building and Clapp then fleeing on foot. Probation violations included an arrest by the Nebraska State Patrol in April 2018 for refusing to comply with lawful orders, resisting arrest and disturbing the peace.

* Jonathan Boone, 31, of 1207 Missouri Ave., pleaded not guilty to the charges of possession of a controlled substance, a Class IV felony, carry concealed weapon, first offense, a Class I misdemeanor and possession of drug paraphernalia, an infraction. A status hearing is set for Aug. 6. Charges stem from a traffic stop for careless driving, when during a search of the vehicle items found included a semi automatic caliber pistol in the pocket of a leather jacket and evidence of a controlled substance.

* Jason L. Patterson, 26, no address given, was sentenced to 48 months probation and 300 days in jail, with 92 days credit, for theft by unlawful taking, a Class IIA felony. According to law enforcement narrative, a homeowner called local enforcement on April 19 about items missing from his rural residence at Highway 6, Red Willow County, including eight fire arms and fine art prints, valued at $9,355. In a probationary search of Patterson’s vehicle and residence, some of the property was recovered, including a firearm and art prints, valued at $5,285.