Probation ordered in online sale of stolen tools

Friday, November 25, 2016
Patrick J. Brooks

McCOOK, Neb. -- One of two thieves accused of stealing tools from a local man and attempting to sell them online was sentenced to probation time earlier this month in Red Willow County District Court.

The woman, 31-year-old Alicia L. Bergling of 1006 West 12th Street, was sentenced to 12 months probation during a hearing on Nov. 7, 2016. Bergling accepted a plea agreement in September admitting guilt to a Class I misdemeanor offense for theft by receiving stolen property valued between $500 and $1500. She was originally facing a Class IV felony alleging theft by receiving stolen property valued between $1500 and $5000.

The theft charge stems from more than $3000 in tools belonging to Mike Sides and stolen from a rural shop, according to court documents.

Alicia L. Bergling

Bergling's accomplice in the crime, 23-year-old Patrick Brooks of 1006 West 12th Street, similarly accepted a plea agreement in August admitting guilt to misdemeanor theft by receiving stolen property valued between $500 and $1500. His sentencing was continued until 10:30 a.m. on Jan. 9, 2017.

Brooks also denied probation violation allegations stemming from the Sides theft violating his probation in a 2014 conviction. A trial was subsequently scheduled at 10:30 a.m. on Jan. 9, 2017.

Brooks was sentenced to 30 months probation in November of 2014 after accepting a plea agreement admitting guilt to a Class 3 felony burglary offense; a Class IV felony offense for theft by unlawful taking; and two Class I misdemeanor offenses for possession of stolen property. He was subsequently ordered to serve 30 months probation and to pay $313 in restitution to Weathercraft, in addition to an unspecified amount to Richard Hester if property belonging to him was not returned.

Brooks was originally facing a total of four felony offenses and three misdemeanors in the 2014 criminal case, stemming from tools stolen from two Weathercraft vehicles; a stolen rifle and shotgun belonging to Ray Ashford and Richard Hester respectively; tools stolen from Hester; and a cell phone stolen from Heidi Cheney.

Earlier that same year, Brooks received a jail and restitution sentence in Red Willow County Court following an unrelated conviction on a Class 3 misdemeanor offense for criminal possession of a financial transaction device. He was ordered to serve 30 days in jail on the misdemeanor offense and pay $375 in restitution to Debra Cacy of McCook in that case.

Other activity in Red Willow County District Court, Nov. 7, 2016:

* A plea agreement was reached with a Cambridge man facing assault and drug charges. The man, 25-year-old Tyler J. Mercer, will face sentencing on a Class I misdemeanor for third degree assault and an infraction for possession of drug paraphernalia at 1 p.m. on Jan. 9, 2017.

Mercer was originally facing a Class IV felony alleging possession of methamphetamine in addition to the other charges. The possession charge was dismissed by Red Willow County Attorney Paul Wood because of "no lab analysis due to nonsubmission," according to court documents.

The victim of the assault charge was Mercer's mother, Judy Mercer, according to court documents.