A requested breath alcohol test delayed the sentencing of a Broken Bow man in Custer County District Court last week.
Kyle McLaughlin, 56, was scheduled for sentencing on a charge of 4th offense Driving Under the Influence, in district court Feb. 10. However, prior to the proceeding the state requested a breathalizer test be performed on the defendant. McLaughlin blew .23 at that time.
Because state statutes do not permit the sentencing of an individual who is under the influence of alcohol or any mind altering drug, Judge Karin Noakes was forced to delay sentencing for McLaughlin. Sentencing was rescheduled for March 24.
Judge Noakes also ordered McLaughlinâ€™s bond be revoked, and he was remanded into the custody of the Custer County Sheriff.
McLaughlinâ€™s case is one that has been pending for nearly two years. He was arrested June 30, 2009, and charged with Driving Under the Influence and Driving Under Suspension.
After numerous appearances and continuances, a pleas agreement was reached in the case in November 2010. As part of that agreement, McLaughlin withdrew his previous not guilty plea on both counts and entered a plea of guilty to count 1 - DUI 4th offense. In exchange for the guilty plea, the state dismissed count 2. Sentencing was then set for Dec. 16, 2010.
In December the case was again continued and rescheduled for February 2011. Until now, McLaughlin has remained free on bond awaiting sentencing.
The Class IIIA felony carries no minimum penalty and a maximum penalty of five years imprisonment, and/or a $10,000 fine. He also faces a 15-year license revocation.
Also set for sentencing Feb. 10, was William K. McGregor, 46. McGregor was found guilty of theft by taking. He is currently enrolled in a recovery program; therefore, the state recommended a sentence of credit for time served.
Judge Noakes imposed a sentence for McGregor of 129 days in jail, with credit for 129 days served.
William A. Byrne, 21 of Broken Bow, appeared for a hearing Thursday as well. Byrne is charged with a Class III felony for burglary, and a Class III felony for theft by taking, in connection with the Oct. 6, 2010, burglary at the McDonaldâ€™s Restaurant in Broken Bow.
In a plea agreement with the state, Byrne changed his plea to no contest to count 2, theft by taking. In exchange for the plea the state dismissed the burglary charge.
Judge Noakes deferred Byrne to the North Central Nebraska Drug Court program. The judge also ordered Byrne remain in jail until he is accepted into a treatment program. He was also ordered to make restitution in the amount of $1,800 to McDonalds.
The two other criminal cases heard in district court Feb. 10 were:
â€˘ Justin Slagle, 22 of Hastings, entered a plea of no contest to a Class IV felony. He was deferred to the North Central Nebraska Drug Court program.
â€˘ Ted Cooper of Callaway was arraigned on a Class IV charge of making terroristic threats. The case was set for jury trial June 20, 2011.