Not guilty plea accepted

BENKELMAN -- A Stratton man accused of felony assault and a firearms offense pleaded not guilty Tuesday morning in Dundy County district court in Benkelman. During other court action, a Benkelman man was released from probation after the judge gave him credit for "good behavior."

Judge John Battershell accepted the not guilty pleas from Robert Todd, 25, and continued Todd's $10,000 bond until his trial Feb. 19 and 20. Todd is charged with:

- Use of a firearm to commit a felony, a Class II felony, punishable by up to 50 years in prison; - Terroristic threats, a Class IV felony, punishable by 20-60 months in prison or a $10,000 fine, or both; and n Second degree assault, a Class IIIA felony, punishable by 60 months in prison or a $10,000 fine, or both.

If convicted, the sentence for Count 1 must be served consecutively to other sentences.

Todd is accused of assaulting and threatening William McGinnis of Haigler on Sept. 16, 2002.

Judge Battershell released Mark Brunswig, 22, of Benkelman from probation, unsatisfactorily, although the judge gave him credit for getting his life in order and complying with most of his probation requirements.

Brunswig had been sentenced, in April 2001, to one year of probation and ordered to pay costs and fines of $1,034, following his conviction on two counts of third degree sexual assault. He was also sentenced to 30 days in jail (which could be waived) at the completion of probation.

Brunswig was in court Tuesday for not reporting in person since July to his probation officer. Brunswig had kept probation officers advised of address changes, his attorney, Blake Edwards, told the judge.

Brunswig told Judge Battershell he had paid the fines and costs, and is working sun-up to sun-down on a construction job that he enjoys, in Lincoln. "I eat, sleep and work," Brunswig said. "I've gone fishin' once." He said he felt guilty when he took half-a-day off.

Brunswig asked that he be allowed to discontinue probation, serve his 30 days in jail, "and get on with my life," an arrangement agreed upon by the state, represented by D. Eugene Garner.

Garner told the judge continuing with probation can't help Brunswig's rehabilitation any better than his paying his fines and keeping steady employment.

Brunswig's probation officer told the judge the main concern was that costs and restitution be paid.

Judge Battershell told Brunswig he isn't in the habit of rewarding people for not doing as they're told, "but I think its good to recognize when people do most of the things expected of them."

Battershell told Brunswig there is "a vast difference between now and 2000, when we first met."

The judge continued, "Throwing you in jail for 30 days won't accomplish much."

Judge Battershell said he wanted to reward Brunswig for his good behavior, released him unsatisfactorily from probation and waived the jail sentence.

"You've done pretty well," Battershell said. "I congratulate you on that."