Probation sentence for Danbury business burglar

McCOOK, Nebraska -- A McCook man pleaded no contest to felony burglary last week in Red Willow County District Court and was subsequently sentenced to 30 months probation. The burglar, 22-year-old Joshua K. Sain of 412 E. Fifth Street, was charged in connection with a Jan. 20, 2013, break-in at Nelseena's Leather Shop in Danbury, Nebraska.

According to court documents Sain and two accomplices, 21-year-old Toni Hopkins and 25-year-old Joseph Shepherd, broke out a window at the leather shop and stole a laptop computer, camera, leather working knives and jewelry.

Sain accepted a plea agreement, offered by Red Willow County Attorney Paul Wood, that dismissed a pending charge in Red Willow County Court in exchange for the no contest plea to the Class III felony burglary charge.

County Court documents indicate a theft by receiving stolen property charge, filed against Sain, was dismissed by Wood. The dismissed charge stemmed from a Jan. 16, 2013, incident at 511 D Street in Indianola, Nebraska.

Sain was subsequently sentenced by Red Willow County District Court Judge David Urbom to the 30 month probation sentence, in addition to paying an undisclosed amount of restitution and court costs.

Hopkins failed to appear for a pair of District Court hearings in May and the court subsequently ordered a bench warrant for her arrest. The hearings pertained to probation violations filed against her for failing to report multiple times and testing positive for cannabis, methamphetamine and amphetamine. Hopkins is on probation stemming from her February 2013 conviction for the burglary of a West First Street residence in McCook and three unrelated forgery offenses.

Shepherd pleaded guilty in May to Class III felony burglary stemming from the Nelseena's Leather Shop break-in. He is scheduled for sentencing at 9 a.m. on July 3, 2013.

Other Red Willow County District Court activity, June 3, 2013;

* 36-year-old Gil M. Green II of Colorado Springs, Colo., pleaded guilty to a Class IV felony offense of possession of methamphetamine, and infractions for driving with a suspended license and possession of drug paraphernalia. Green was subsequently scheduled for sentencing at 10:30 a.m. on Aug. 5, 2013.

During his April 21, 2013, arrest, Green was carrying a digital scale and $1,200 in $20 bills, which was separate from the $121 he carried in his wallet. Green originally was cited with additional offenses of flight to avoid arrest, no insurance and no registration, which were not pursued by Red Willow County Attorney Paul Wood.

The arresting officer recommended the drug possession charge include intent to deliver, based on consideration of two previous drug related arrests of Green on April 6-7, and that Green had in his possession methamphetamine and a digital scale during the April 21 arrest.

The April 21 incident began near the intersection of West Seventh and B Street in McCook and ended on U.S. Highway 83, across from Drive 714.

* 29-year-old Kenneth D. Capps of the Economy Inn in McCook accepted a plea agreement admitting guilt to a Class III felony offense of possession of a stolen firearm. Capps is scheduled for sentencing at 10 a.m. on Aug. 5, 2013, in Red Willow County District Court.

Capps was originally charged with a Class ID felony offense of possession of a deadly weapon by a convicted felon. The charge stemmed from a March 24, 2013, incident in the alley behind 1209 W. Second Street in McCook. According to court documents, law enforcement agencies received a report of what appeared to be an individual showing someone guns from the trunk of a car.

Officers responded to the scene and found a blue Ford Taurus and a Silver Mercedes sedan parked in the alley.

Capps was in the driver's seat of the Taurus and a Savage Axis 22-250 rifle was discovered in the trunk of his vehicle.

The rifle was subsequently discovered to have been reported stolen in November 2012 from a rural Red Willow County workshop.

* A Holbrook woman accepted a plea agreement reducing a felony drug charge filed against her to a misdemeanor, and dismissing two other offenses. The woman, 19-year-old Alexis L. Kruger, was subsequently scheduled for sentencing at 9:30 a.m. on Aug. 5, 2013, on a Class I misdemeanor offense of attempted possession of methamphetamine.

Kruger was originally charged with a Class IV felony offense of possession of methamphetamine, in addition to an infraction for possession of drug paraphernalia and a Class I misdemeanor offense of carrying a concealed weapon. The charges stemmed from Kruger's arrest by the Red Willow County Sheriff's Department in August 2013, near the intersection of East Ninth and E Street in McCook.

According to court documents, the Sheriff's department was executing an arrest warrant on Kruger's companion, Stacey Talbot, when a subsequent search of Kruger's purse discovered a meth pipe, a baggie containing a crystal- like substance and additional baggies containing a white powdery residue, which tested positive for methamphetamine.

The concealed weapon charge against Kruger stemmed from brass knuckles that were also found by arresting officers in her purse.

Kruger's plea agreement, offered by Red Willow County Attorney Paul Wood, dismissed the concealed weapon and drug paraphernalia charges and reduced the Class IV felony offense of possession of methamphetamine, to a Class I misdemeanor of attempted possession of methamphetamine.