Felony charge added to dogs, bomb

TRENTON, Neb. — The Stratton man accused of having too many dogs and possessing an explosive device will now also face felony criminal mischief charges in Hitchcock County District Court.

During a preliminary hearing in Hitchcock County court Wednesday morning, Judge Anne Paine declared that county attorney D. Eugene Garner presented sufficient evidence of damage to hear charges of criminal mischief against Fred Hamilton, 51, of Stratton, in district court.

Judge Paine ruled that it is the purpose of a trial to resolve inconsistencies in statements or evidence. Hamilton’s attorney, Morgan Farquhar of Cambridge, pointed out inconsistencies in statements made by Bill Zahl of Stratton, who scuffled with Hamilton on March 8 and has accused him of driving/steering Zahl’s pickup into a row of trees and causing more than $5,000 in damage to the pickup.

Hitchcock County Sheriff’s Deputy Ryan King testified that Zahl was “walking” his dog by driving slowly beside the dog as it walked on a paved street in Stratton when Hamilton approached from behind and tried to take Zahl’s dog “into custody” for running loose on the street.

A scuffle ensued between the two men and Zahl’s pickup ended up striking a row of trees, damaging the headlights, grill, bumper and front end.

Farquhar told Judge Paine that “it matters” who was inside or out of Zahl’s pickup, and how it got into gear. Farquhar said he believes Zahl changed his story between two statements on two days.

Deputy King testified that he is aware of ongoing disagreements between the two men.

Judge Paine ruled that there was sufficient evidence that a crime occurred and that there is probable cause to believe that Hamilton committed the crime. “It is the purpose of a trial to resolve any inconsistencies in evidence or statements,” she said.

No date has been set for Hamilton’s appearance in district court on the criminal mischief charge.

Following a search of Hamilton’s home on April 5, he was charged with possession of a destructive devise, threatening the use of explosives/attempting or allegedly attempting to kill, injure or intimidate someone or destroy property, and unlicensed use of explosive materials in the first degree. Judge Paine set bond at $250,000/10 percent. Hamilton is due in district court on May 3.

Hamilton has pleaded not guilty to having too many dogs, unlicensed dogs, no rabies vaccinations and possessing prohibited dogs (pit bull or pit bull-mix dogs are banned in Stratton).

Judge Paine has scheduled a trial and a motions hearing concerning the disposition of the dogs for Wednesday, May 9, at 2 p.m.