Prosecutor, court sort out charges

Thursday, December 19, 2002

TRENTON -- The county judge and the county attorney tried Wednesday afternoon to sort through a pile of charges and convictions, trying to figure out what to do with a Trenton man charged with driving while intoxicated and driving under suspension.

County Judge Bert Leffler scheduled a preliminary hearing and appointed counsel for Ronald D. Hollenbeck, 57, charged in Hitchcock County with fourth offense driving while intoxicated and at least a second offense of driving under suspension.

According to background information provided by County Attorney D. Eugene Garner, Hollenbeck has faced a number of similar charges in Knox, Phelps, Buffalo and Kearney counties since June 1991.

Hollenbeck, who is currently in jail in Holdrege (Phelps County), told Leffler the Buffalo County attorney told him last fall that in exchange for his plea of guilty to third offense DWI in Buffalo County, Hitchcock County would drop its charges. Garner said he knew of no plea arrangement with Buffalo County.

Leffler said his records indicate the Hitchcock County sheriff's office issued Hollenbeck a citation to appear Sept. 1, 2001, with an agreement to appear in court in Trenton Sept. 26. Leffler said County Judge Cloyd Clark issued a warrant for Hollenbeck's arrest after he failed to appear in county court on that date. Hollenbeck said he couldn't have appeared then, he was in jail in Kearney.

Hollenbeck told Leffler he did not know there was a warrant for his arrest. He said he had spent every Saturday morning all summer at the laundromat in Trenton. "If I had known (there was a warrant)," he said, "I wouldn't have been hanging around."

Leffler asked Garner to sort through the charges and convictions and counties, and appointed Public Defender Bob Conner to represent Hollenbeck. Leffler set bond at $10,000, and remanded Hollenbeck back to Phelps County officials. He will be sentenced in Holdrege Jan. 3 on felony driving while intoxicated.

Leffler scheduled Hollenbeck's preliminary hearing Wednesday, Jan. 8, at 1:30 p.m.

Hollenbeck asked Leffler if he could stay in the jail in Trenton, telling the judge he preferred the people at the jail in Trenton to the people at the jail in Holdrege.

A second driving under suspension case was about as complicated, as officials learned Rodney D. Pursley not only drove under suspension, but operated a vehicle on a 15-year license suspension, which makes the DUS a felony.

Pursley pleaded guilty Nov. 20 to the original DUS charge. His attorney, Bob Conner, asked Wednesday that his client not be jailed, that, "He needs to keep working and be employed." Pursley told Judge Leffler he is a self-employed carpenter working on a project in Max.

Pursley said he was told by the state's Department of Motor Vehicles he should be able to get his license back in January, after having a clean driving record for seven years.

Leffler told Pursley, "I understand your necessity for work, but I don't understand your necessity for disobeying the law."

Leffler said Pursley's driving record, which includes a five-year prison sentence, is one of the worst he has ever seen. Leffler said, "Your driving record doesn't permit me to be lenient."

Leffler told Pursley he could charge him with felony driving under suspension, and sentence him to five more years in prison.

Leffler told Pursley, however, "I want you to get your license." He continued, "At some time, you need to start fresh. You're old enough to know better."

Leffler sentenced Pursley to 60 days in jail, with release for work, which he will be allowed to drive to and from if he is, indeed, allowed to get his license back in January.

Leffler told Pursley he wouldn't fine him and add to his financial woes, but he did order Pursley to pay $46 in court costs.

In other court action Wednesday, Judge Leffler issued a warrant for the arrest of Eusevio B. Sandoval of Palisade, who failed to appear for court and is charged with speeding, driving under suspension, no seat belts and no child restraints.

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