Three sentenced in string of burglaries

Thursday, February 14, 2008

TRENTON -- One teen and two adults involved in a two-week string of burglaries throughout Central Nebraska were found guilty and sentenced in Hitchcock County district court Wednesday morning.

District Judge David Urbom sentenced Effie M. Harris, 18, of Curtis; and Gary L. Nelson Jr., 21, and Allyson R. McConnaughey, 31, both of North Platte, to probation and ordered them to pay restitution for the break-in during the late hours of July 9 and early hours of July 10, 2007, at Ginn's Lakers Northshore Marina and Restaurant west of Trenton.

Jury trials for all three defendants were scheduled later this month, but each agreed to enter a plea of guilty or no contest in a plea agreement with Hitchcock County Attorney Gene Garner.

Judge Urbom handled each case separately.

GARY L. NELSON JR.

Gary L. Nelson Jr. pleaded no contest to burglary charges amended to attempted aiding and abetting burglary, a Class IV felony punishable by five years in prison and/or a $10,000 fine.

Garner told Judge Urbom that if the case had gone to trial, evidence would have shown that Effie Harris and Allyson McConnaughey entered Northshore by cutting a window screen and pushing open sliding doors. Inside they stole 250 music CD's and $1,220 in cash.

Garner said that Nelson was the look-out outside with the vehicle, and participated in the divvying-up of the stolen CD's and cash.

Nelson told Judge Urbom that he is "doing better in my life where I am now," which is as an offender at the Nebraska Department of Corrections Work Ethic Camp in McCook. Nelson said the WEC program is providing him the opportunity to examine his life and his actions and their consequences. He is earning "good time" and "benefits" at the camp, he said, and added, "I'm doing my best, please recognize that."

Nelson apologized "to everyone involved."

In finding Nelson guilty of attempted aiding and abetting burglary and sentencing him to probation, Judge Urbom told Nelson, "I want you to become someone we don't see again."

The 24-month intensive supervised probation (ISP) includes successfully completing the program at the WEC in McCook and paying his share of the $1,220 stolen from the marina.

Nelson's probation will run concurrently with probation in Lincoln, Thomas and Frontier counties on similar burglaries. He will be supervised by one ISP officer, Judge Urbom said.

Nelson was remanded to a Hitchcock County sheriff's deputy, who returned him to the WEC, where he has been since Jan. 8.

EFFIE M. HARRIS

Effie M. Harris was not in custody when she appeared in Hitchcock County court. Burglary charges against Harris were amended to attempted burglary, a Class IV felony punishable by five years in prison and/or a $10,000 fine.

Harris entered a plea of guilty before Judge Urbom and told him she would like to say, "I'm sorry to the people I hurt."

Urbom found Harris guilty, sentenced her to 24 months of probation and ordered her to pay her share of the $1,220 restitution. She will wear an electronic monitor for 90 days, and pay court costs and probation fees. In another county's sentencing, Harris was given credit for time served in jail.

Harris' Hitchcock County probation will run concurrently with probation in Lincoln, Thomas and Frontier counties.

Garner requested that the judge ask for the return of 125 CD's not previously recovered. The 250 CD's taken are valued at $4,250, according to an affidavit for an arrest warrant filed by Hitchcock County Sheriff D. Bryan Leggott.

Garner also requested that the judge order Harris and McConnaughey not to send correspondence to Nelson at the WEC. Urbom told Harris she is to have no contact with anyone with a criminal record or anyone on probation or parole, which now includes McConnaughey and Nelson.

ALLYSON R.

MCCONNAUGHEY

Judge Urbom accepted Allyson R. McConnaughey's plea of no contest and found her guilty of attempted burglary (amended from burglary), a Class IV felony punishable by five years in prison and/or a $10,000 fine.

McConnaughey was not in custody as she appeared in the court room.

Garner told Judge Urbom that although McConnaughey has a "lengthly record," most were traffic infractions until the burglary in Hitchcock County and "a raft" of other burglaries in 2007. Garner said that McConnaughey has successfully completed probation once before.

Judge Urbom said he wants any sentence to be fair to the defendant and in the best interest of the public. He wants it to punish and rehabilitate the defendant, and act as a deterrent for others, he said. In sentencing, the judge said, he considers age, background, prior record, motivation and violence involved.

Judge Urbom told McConnaughey that her involvement in the crime at the marina was "a little different than (that of) the other two. Harris is 18, Nelson is 21; you're 31 and a mother of four," he said. "You're old enough to know better. The other two have youth on their side. You don't."

Urbom warned McConnaughey that if she fails probation, "you're going to end up in prison. You get one shot ... A chance to rehabilitate yourself."

Urbom told McConnaughey that her record "isn't that bad," other than this two-week string of burglaries, and said she is a good candidate for probation.

Urbom sentenced McConnaughey to 36 months of intensive supervised probation and, as in another county, waived the requirement for an electronic monitor because of financial reasons and logistics. In sentencing in another county, she was given credit for time served in jail.

McConnaughey's probation in Hitchcock County will run concurrently with probation in Thomas and Lincoln counties.

McConnaughey told Judge Urbom, "I am truly sorry for what I have done."

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  • Getting caught has been the best thing in Gary Nelson's life. He is just like his father. Maybe some time away from his father with help straighten him out a little. This is a kid that has been going in the wrong direction his whole life. Maybe when he is done with all of this he should move out of his parents house and earn a real living like the rest of us. Too bad he doesn't get the maximum jail punishment for the 16 crimes he helped commit in western Nebraska, plus the many he hasn't been caught for.

    -- Posted by jhagg on Sat, Feb 23, 2008, at 5:19 PM
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