An Omaha man was sentenced to a year in prison after his probation was revoked.
Tyler J. McLey, 22, had been serving a 24-month intensive supervised probation sentence first handed down on March 6, 2017, after pleading no contest a class IV felony of attempted terroristic threats.
But McLey admitted in district court on Tuesday that he had failed to attend a scheduled appointment with his probation officer in May 2018.
Court documents show that McLey was also accused of violating several other parts of his probation, including by moving to Omaha from Fremont without properly notifying the probation office, and failing to report for required chemical testing, moral recognition therapy, anger management courses, and other treatment.
McLey’s admission of missing the May meeting was part of a plea agreement, which now has McLey serving a year in prison on his underlying class IV felony charge of attempted terroristic threats. Dodge County Attorney Oliver Glass told the Tribune after court that he usually has individuals in these cases admit to only one violation to help move the case along more quickly.
The underlying class IV felony carries a presumption of probation under Nebraska law, meaning that probation is considered the appropriate sentence unless substantial reason can be shown otherwise. If that presumption is overcome, a class IV felony carries a maximum sentence of two years in prison with 12 months of post-release supervision.
McLey had admitted to violating the terms of his probation two prior times: once in October 2017 and again in March 2018. Both times, he was put on extended probations.
“The defendant was given the privilege of probation,” Hall said. “He violated the terms of that probation order numerous times, showed a lack of respect for the court, and as such, I find that the presumption of probation is overcome.”
McLey will receive credit for 131 days previously served.
He was originally arrested on September 28, 2016, after he threatened another individual with a rifle during a physical altercation, a police affidavit says. He pleaded no contest to a charge of attempted terroristic threats in November 2016, as part of a plea agreement that dropped two other charges, including a class II felony of using a deadly weapon to commit a felony and a class I misdemeanor of false reporting.
Others admitted to violations of their probations on Tuesday.
Rachel Therien, 39, who was sentenced to 30 months of probation in August 2016, saw her probation extended by six months after she admitted to violating her probation when she failed to return calls from the probation office.
Anthony R. Harshbarger, 36, was sentenced to 30 days in jail for violating his post-release supervision, which he had been placed on in May and which was set to last nine months. But he was given credit for time served because he had spent that time in jail as his case was processed. His post-release supervision subsequently terminated.
And Raheem S. Howard, 23, was placed back on an extended probation after admitting to violating the terms of a previous probation sentence.
In other district court news from Tuesday:
- Jami M. Hammond, 33, was sentenced to a term of 60 months of probation for violating the terms of her Supplemental Nutrition Assistance Program (SNAP). While a pre-sentence investigation found that the Department of Health and Human Services was owed about $35,170 for the violations, there was an agreement that Hammond would be unable to pay the entirety of that. She was ordered to pay $15,000, or $250 per month for each month of her probation. According to court documents, an investigation revealed that Hammond had received benefits that she was not otherwise entitled to by not reporting that the father of her five children was part of her household when, in fact, his income “affected the household’s income.”
- Jeremy Wilcox, 35, pleaded no contest to a class III felony of possession of a deadly weapon and a class IV charge of possession of methamphetamine. A pre-sentence investigation was ordered and sentencing was set for Jan. 7, 2019.
- Haley Wolford, 19, pleaded guilty to delivery of a controlled substance, Adderall, and will be applying to drug court.