District Court: Two Two sentenced to 34 to 44 years for child abuse

District Court: Two Two sentenced to 34 to 44 years for child abuse

By Lauren Brant

District Court was held on Tuesday, May 16 at 9:15 a.m. at the Sheridan County Courthouse in Rushville, Neb., with Judge Travis O’Gorman presiding.

The case of Logan Lundahl, et. al versus Lilia Chavarin et. al was set for a motion for default judgment. J.P. Morgan Chase Bank was present to ask the court to dismiss charges against his clients because Chavarin has filing restrictions in other courts. Chavarin filed a motion for default judgment on two defendants who did not appear. Judge Travis O’Gorman took the information under advisement.

Defendant Arthur Daringer was not present and the order to show cause hearing was continued.

In the case of State versus John Ray, the defendant was present for an appearance. O’Gorman appointed Michael Varn to represent the defendant. The case was set for arraignment on July 11 at 9:30 a.m.

Juel Sitting Holy was present for four cases. For the two pretrial hearings, County Attorney Jamian Simmons submitted the state’s plea to the court, which the defendant declined. In the first case, the court granted the state’s motions to endorse witnesses and leave to amend information. Trial for this case was set for August 23 at 8:30 a.m.  In the second case, the court granted the state’s motions to leave to amend information and allow evidence 404. The 404 hearing was set for July 6 at 9:30 a.m. The case was set for trial on August 24 and 25 at 8:30 a.m. Sitting Holy’s third case was set for a pretrial conference on September 12 at 9:30 a.m. The defendant’s fourth case was set for arraignment. He is charged with three counts. Possession of more than a pound of marijuana is a Class 4 felony with the penalty of up to two years imprisonment or/and up to a $10,000 fine. Count two is possession of a controlled substance with intent to distribute within 1,000 ft. of a school. The Class 2 felony penalty is imprisonment between one and 50 years. Count three is possession of drug paraphernalia that has a $1,000 fine. Sitting Holy pleaded not guilty to the charges. The court set a status conference for July 11 at 9:30 a.m.

Hijinio Garnette was present for a status hearing. The defense motioned for a continuance for purpose of discovery. A status conference was scheduled for July 11 at 9:30 a.m.

Defendant Brian Running Horse was present for sentencing. A plea agreement with the state lowered the charge to one count of third-degree assault after the defendant pleaded no contest. State attorney James McCave told the court it’s unlikely probation will work for Running Horse given his lack of employment and transportation. The court ordered the defendant to serve 45 days in jail with a 26 day credit and to pay the cost of the prosecution.

Angela Black Elk had a failure to appear for her arraignment. The court issued a bench warrant.

In the case of state versus Tyrel Standing Soldier, defense attorney Michael Varn filed a motion to have a preliminary hearing transcript and an objection for pretrial order. The court granted those motions so there is no plea agreement in the case and the defense doesn’t have to offer witnesses. On a motion to settle journal, Varn asked language regarding a witness list and reciprocity be stricken from the record. O’Gorman granted the motion. The state filed a motion to endorse three witnesses and Varn asked for a deposition of them. The court granted that. July 11 is the pretrial date.

Alyson Sitting Holy was present for an arraignment. She has three charges against her. Possession of more than a pound of marijuana is a Class 4 felony with the penalty of up to two years imprisonment or/and up to a $10,000 fine. Count two is possession of a controlled substance with intent to distribute within 1,000 ft. of a school. The Class 2 felony penalty is imprisonment between one and 50 years. Count three is possession of drug paraphernalia that has a $1,000 fine. She pleaded not guilty. The case will have a status conference on July 11 at 9:30 a.m.

Defendant Connor Ellis was present for arraignment. The state informed the court a plea agreement was offered. The court appointed Jerrod Jaeger as the defense council and the state retracted the plea agreement.

Defendant Brittany Two Two was present for sentencing. During her trial on April 20 and 21, she was charged with child abuse resulting in bodily injury, child abuse, and false reporting. Attorney Simmons reminded the court the three-year-old victim suffered an esophageal tear. Defense Attorney Jonathan Worthman told the court his client maintains her innocence even after a jury convicted her.  O’Gorman mentioned medical providers from Denver who testified and said they had never seen anything like that. “I think it’s pretty clear you’re dealing with a pretty horrific case of child abuse,” said O’Gorman. 

On the first count, the judge ordered her to serve 30 years, but not more than 40 years. On count two, Two Two must serve not less than one year and on count three not less than three years. Her total sentence is between 34 to 44 years with a 53 day credit. Her parole date will be in 17 years and mandatory discharge is 22 years should she lose no good time. She was also ordered to pay the cost of the prosecution. 

The next district court will be held on July 11 at 9:30 a.m. at the courthouse.

Last modified onWednesday, 21 June 2017 13:48

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