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judge won't reduce bond for man who allegedly made bomb
TRENTON, Neb. — Hitchcock County Judge Anne Paine declined Wednesday morning to reduce the $250,000 bond for a Stratton man arrested last week after Nebraska State Patrol bomb experts found an improvised explosive device in his home on Highway 34 through town.
Fred Hamilton, 51, of 105 Howard Street, waived his right to a preliminary hearing in Judge Paine’s county court and will appear in district court on Thursday, May 3, at a time to be determined.
Hamilton faces three Class IV felonies after officers executed a search warrant at his home on April 5 and found an improvised explosive device that was then rendered safe by the NSP bomb squad. The search warrant was sought after the NSP received information that Hamilton had made threats to kill or inflict physical harm on a village official. Investigators had also received information that one of the threats included mention of an improvised explosive device.
Charges against Hamilton are: Count 1, possession of a destructive devise; Count 2, threatening the use of explosives/attempting or allegedly attempting to kill, injure or intimidate someone or destroy property; and Count 3, unlicensed use of explosive materials in the first degree. Each charge is a Class IV felony punishable by two years in prison, a $10,000 fine, or both, and 12-month post-release supervision. Judge Paine set bond at the time of Hamilton’s arrest at $250,000/10 percent.
During Hamilton’s arraignment in county court Wednesday morning, his court-appointed attorney Morgan Farquhar asked Judge Paine to reduce Hamilton’s bond because he has lived in Stratton for six years, he’s self-employed and he can’t afford the 10 percent provision of the $250,000 bond.
County attorney D. Eugene Garner asked the judge to leave the bond as it is, explaining that Hamilton has ties outside of Nebraska, that he has deeded his residence to another person, and that he has made comments that he wants to sell his property and move.
Judge Paine found the bond appropriate and continued it, she said, for the safety of witnesses and the community.
In another case in Judge Paine’s court, Village of Stratton vs. Fred Hamilton, Hamilton pleaded not guilty to 18 counts of too many dogs, 21 counts of unlicensed dogs, 14 counts of no rabies vaccinations and three counts of harboring prohibited dogs (pit bull or pit bull-mix dogs are banned in Stratton). Each count carries a fine of $100 to $500.
Judge Paine scheduled a trial and a motions hearing concerning the disposition of the dogs for Wednesday, May 9, at 2 p.m.
Following a hearing (regarding a request for the return of the dogs before judgement) on April 5, District Judge David Urbom has ordered the release of 15 of the 21 dogs to Fred Hamilton’s ex-wife, Sally Hamilton. Sally Hamilton was not present when city officials and county deputies impounded the 21 Hamilton dogs and transported them to a dog shelter in McCook on March 8.
Sally Hamilton testified on April 5 that she lives on 20 acres in Washington.
In another case in county court, Hamilton faces charges of criminal mischief, unauthorized use of a propelled vehicle and assault in the third degree. His preliminary hearing is scheduled Wednesday, April 25, at 10 a.m.