Trenton man receives 5-7 term for meth

TRENTON -- District Judge John Battershell defined a "pusher" Thursday morning for the 42-year-old Trenton man he sentenced to prison on charges of distribution and possession of methamphetamine.

"You say you don't consider yourself a pusher," Judge Battershell told Michael Kamery, who pleaded guilty in December to Class III and Class IV felony drug charges. "My definition of a pusher is someone who sells meth, this poison, to others."

Kamery told the judge, "I know what I did was wrong. I just want out of this snake pit I fell into."

Judge Battershell told Kamery it bothers him that six months passed between March 27, 2002, when Kamery was charged with distribution of meth, and Sept. 11, 2002, when he was charged with possession of meth.

"You would like me to believe you sold only one time, to (an undercover agent)," Battershell told Kamery. "I want you to know I don't believe that."

Battershell said he was also bothered by the amount of meth Kamery sold to a Nebraska State Patrol confidential informant. "Two eight-balls ... " the judge said. "This is a considerable amount of methamphetamine you sold." (In drug slang, an "eight-ball" is one-eighth of an ounce.)

Battershell said it also bothered him that Kamery seemed to come to some sudden revelation that what he was doing was wrong. "You knew it was wrong when you did it," he said.

Through his attorney, Bob Conner, Kamery asked for probation and offered to work on Hitchcock County and Village of Trenton vehicles as community service.

Hitchcock County Attorney D. Eugene Garner said that because Kamery's record was relatively negligible, the state would agree with the presentence investigation that recommended Intensive Supervised Probation and jail time.

Conner said Kamery had no record to indicate he would not be eligible for probation, with the additional community service.

The judge disagreed, however.

"Probation is not appropriate," Battershell said, because of the amount of meth sold and the length of time between the two charges. "You continued to do it," the judge said. "It was an ongoing enterprise."

Battershell said he agreed it was "not a good thing" for Kamery to go to the pen, "but it is a good thing for the people of Hitchcock County." He continued, "I know your family believes in you and your mother is elderly, but you can't continue to do this."

"You need to understand you pay the price when you do things you know are wrong," Battershell said.

Battershell sentenced Kamery to five to seven years on Count 1, distribution; and 20-60 months on Count 2, possession.

The sentences will be served concurrently.

With "earned good time," Kamery will be eligible for parole after 30 months, Battershell said. His complete sentence will be served in 42 months. He was given credit for one day in jail; court costs will be paid from Kamery's $20,000 bond, which was released.

Kamery was remanded to the custody of Sheriff D. Bryan Leggott to be delivered to the Nebraska State Penitentiary in Lincoln.

In other court action, Judge Battershell issued a warrant for the arrest of Robert Hanke of McCook, accused of writing a $654.09 bad check to Southwest Fertilizer of Trenton.

Hanke did not appear Thursday for his trial before the judge on the felony bad check charge.

Judge Battershell told Hanke's attorney, Bob Conner, "Bob, we seem to be short somebody." "Yes," said Conner. Conner said it is difficult to contact Hanke, who has no phone, but that he had left messages reminding Hanke of Thursday's court date.

Battershell set Hanke's bond at $10,000.