District Court: 1 Sentenced To Prison, 3 Placed On Probation

After allegedly stealing a gun while he was high on meth, a 24-year-old was sentenced to prison in Antelope County District Court last Wednesday.

Gordon Davidson was sentenced to an indeterminate term of not less than 3 years nor more than 4 years in the Nebraska Department of Corrections for attempted possession of a firearm by a prohibited person, a class 2A felony. He was also ordered to pay $147 in court costs. Judge James Kube said Davidson would be eligible for parole in about 18 months.

Prior to sentencing, Judge Kube reviewed his presentence investigation report.

“Your criminal history is three pages long, you’re 24 years old, and there are some fairly significant crimes that you’ve committed—thefts, bad checks, grand theft, DUI, DUS, possession of marijuana,” the judge told him.

Judge Kube said Davidson is fortunate to receive a plea agreement, since the original possession charge was a 1D felony.

Antelope County Attorney Joe Abler agreed that the case was “troubling” due to the fact that Davidson was charged with a 1D felony at 24 years old and has “a heckuva criminal history.”

“Here, we have a felon committing a crime with a firearm that he’s prohibited to have, he actually stole it,” Abler said. “It’s a double whammy in a sense. It’s not only a serious offense, but here he’s stealing it when he’s prohibited from having it.”

Public Defender Pat Carney said his client would like a chance at probation, but knows “his criminal history is working against him.”

The public defender said Davidson doesn’t even remember taking the firearm in this case.

“He doesn’t have a clear memory of those events because of the drugs that were involved in this,” Carney said.

He said his client wants to provide for his three children.

“I want a chance to show that I can be a citizen here in town and be a father to my kids,” Davidson said.

However, Judge Kube found that Davidson was not a suitable candidate for probation and handed down a jail sentence.
In three separate cases, the judge did order probation sentences.

Lauren Allyson Harms appeared on the charge of information to revoke probation after it was alleged that she failed to meet with her probation officer and tampered with a drug test.

Carney said Harms had been near the end of her probation sentence when “things unraveled.”

“She had some postpartum depression, had an unfriendly breakup with her boyfriend and the wheels came off,” he said.

The judge said probation is intended to teach people how to deal with addiction issues, “and not just when times are good.” “The real test is when times are hard,” he said.

Judge Kube added one year to her probation sentence.

Two others were sentenced to SSAS —specialized substance abuse supervision—probation. The judge said it is a form of probation that is “a little more intensive.”

Jacob Boutwell, 40, who tested positive for THC during his urinalysis just prior to his court appearance, said he “took a couple hits” about three weeks ago. Carney said his client did not appear to be under the influence of drugs.

Judge Kube decided to proceed with sentencing Boutwell on one count of a controlled substance-methamphetamine, a class IV felony.

Abler called Sheriff Bob Moore to the stand and the sheriff testified that he had witnessed Boutwell purchasing “a tall boy beer” at Casey’s while out on bond.

“Mr. Boutwell clearly doesn’t think very highly of this court’s bond conditions,” Abler said.

Boutwell asked for a chance to prove himself, and the judge ordered him to 18 months of SSAS probation.

Christopher Shawn, 38, was sentenced on one count of DUI, third offense, a class W misdemeanor.

His attorney Ron Temple said his client claims he now has his addiction “by the tail.”

“It’s okay to drink and it’s okay to drive—you just can’t do both at the same time,” Judge Kube said. “You’ve got to stop drinking, period. You’re the kind of person everyone in this courtroom is afraid of driving down the road.”

Per the plea agreement, Abler said he agreed to recommend probation. Shawn was ordered to serve 18 months of SSAS probation.