Fillmore Co. Dist. Court 6/19/19

By Signal Staff

An Exeter man was sentenced to two lengthy terms of confinement in the Fillmore County Jail for his part in a drunken altercation in Milligan last fall.
Fillmore County District Court Judge Vicky Johnson sentenced Colton H. Smith, 25, to two 300-day terms in the Fillmore County Jail for two counts of attempted 3rd degree assault, both Class 3A felonies.  Smith was given credit for 234 days already served.  The defendant was also ordered to pay $1,014.61 ($700 already paid) restitution to one victim; along with court costs of $165, $660 in probation costs and $180 in chemical-testing fees.  Smith was also ordered to attend cognitive classes, a Victim Impact Panel and write letters of apology to the victims. The defendant will also serve 18 months of post-release supervisor.
Judge Johnson deemed the jail time and court costs as satisfied.
“You broke a bottle and tried to hurt someone,” said Judge Johnson at sentencing.  “I’m also having trouble finding a lack of significant benefits to society from you—you already have a lengthy criminal record.”
Smith has prior convictions for Criminal mischief, Possession of a controlled substance and Strangulation. He accepted a written plea agreement in March with the Fillmore County Attorney’s Office to reduce his Class 2A 2nd degree assault felonies to 3rd degree. Smith attacked two people at a residence in Milligan on September 22, 2018. One victim needed medical treatment for a wound. Smiths blood-alcohol level was .224 at the time of his arrest.
Nathan E. Ulmer, 26, incarcerated and formerly of Geneva, was sentenced to two concurrent two year sentences with the Nebraska Department of Corrections for two Theft by Unlawful taking charges earlier this month.  Ulmer was also given an additional 90-day sentence and ordered to serve 24 months of post-release supervision.  Judge Johnson allowed the defendant 82 days credit for time served on Ct. 1 and 55 days credit for Ct. 2.
Ulmer will also have to pay $3,610 restitution to the victim in Ct. 1 and $500 restitution to the victim in Ct. 2.  The defendant will also be responsible for $155 in court costs and undergo DNA testing and finger printing. 
In November of 2018, Ulmer sold items taken from his father’s farmstead to City Iron and Metal Company in Hastings.  Between January 30-31 of this year, Ulmer broke into a house in Fairmont and took tools and property from the home.  Judge Johnson noted that these events occurred while Ulmer was in the Southeast Nebraska Adult Drug Court.
Other district notes include:
• Dustin R. Walters, 31, currently incarcerated and formerly of Sutton, entered a not-guilty plead to the felony counts of 1st degree sexual assault of a child and 3rd degree sexual assault of a child.  Fillmore County Public Defender Brad Kalkwarf asked Judge Johnson if she would approve a mental health evaluation for Walters, as he has given Fillmore County Jail workers the indication he may want to harm himself.  The matter was set for a pre-trial hearing for 9:45 a.m., on August 13.
• Aaron E. Ogren, 30, of rural Exeter…

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