A 21-year-old O’Neill man was sentenced to prison during Holt County District Court on July 15 after violating his probation in a burglary case.
Anthony J. Mixan pled guilty to burglary, a Class 2A felony; resisting arrest, a Class 3 misdemeanor; and possession of drug paraphernalia, an infraction.
District Judge Mark Kozisek sentenced the defendant to 2 1/2 to 5 years in the Nebraska Department of Correctional Services with credit for 217 days served in Holt County Jail.
“Mr. Mixan had been given every chance to succeed. He was sentenced to prison after being revoked from probation. Following his sentencing hearing on July 15 and after being remanded into custody, Mixan attempted to escape before being transported to the state penitentiary. He was stopped by Holt County Sheriff Ben Matchett and Chief Deputy Ed Nordby and taken into custody for execution of his sentence. Since I was also involved in the scuffle, my office will request that a special prosecutor be appointed to investigate Mr. Mixan’s new charges,” said Holt County Attorney Brent Kelly.
According to Kelly, following the pronouncement of his sentence to incarceration, Mr. Mixan became verbally and physically combative inside of the courtroom.
"He initially tried to exit the courtroom and then refused to leave when the Sheriff asked him. Mr. Mixan continued to be verbally and physically combative during the course of the event screaming at the top of his lungs and resisting Holt County officers," he said.
According to the state’s good time law, Mixan will serve at least 15 months to 2 1/2 years of his sentence.
Mixan also was ordered to pay $347 to the court clerk within 180 days of his release.
The defendant’s prior two-year probation ordered on April 9, 2018, was revoked.
According to court documents, O’Neill Police Department Sgt. Robert Jensen was dispatched to the 100 block of West Douglas Street on Sept. 9, 2017, in reference to an individual wanting to report information about a theft. The victim reported several electronics and alcoholic beverages had been stolen from their residence.
Sgt. Jensen and Officer Jacob Horn reported to the 300 block of West Fremont Street to investigate allegations that the items were located at the residence he was staying at. Sgt. Jensen stated he observed some of the stolen items in plain site.
Mixan was placed under arrest. The defendant was allegedly uncooperative and resisted arrest. He was transported to Holt County Jail.
He was sentenced to two years probation during district court on April 9, 2018.
According to court documents, Mixan was arrested on July 16, 2018, in Lancaster County and was charged with speeding, driving under suspension and later failed to appear for his hearing on Aug. 29, 2018. A warrant was issued for his arrest and he was charged with failure to appear or comply with citation, a Class 3 misdemeanor.
On Aug. 31, 2018, he was arrested and issued a citation in Sanders County for driving under suspension and possession of marijuana 1 oz. or less,
According to court documents, Mixan also did not make any payments to Holt County Court for chemical testing, court costs or probation programming fees.