A Lyons, Nebraska, man was sentenced to two years in prison during district court hearings on Monday, in connection to a domestic incident that occurred in February.
Joshua D. McMullin, 22, was sentenced to a total of two years on three separate charges. On the first charge, a class IIIA felony of terroristic threats, McMullin was sentenced to two years in prison. On a second class I misdemeanor charge of third degree domestic assault, he received one year in prison. And on a last class IV felony charge of carrying a concealed weapon as a second offense, he was sentenced to a year in prison.
McMullin pleaded no contest to those charges during an April hearing.
All three sentences were ordered to run concurrently, and McMullin received credit for 73 days of time served. McMullin was also sentenced to 9 months of post-release supervision.
Officials noted at the hearing that McMullin had an opportunity for probation, but failed to show up to an earlier hearing and seemed to deny responsibility for his crimes during a pre-sentence investigation, which is conducted to determine a defendant’s eligibility for probation.
“He minimizes his actions that night, he has not taken responsibility for anything he did,” said deputy Dodge County Attorney Emily Beamis. “He himself identifies him as the victim of this case.”
McMullin’s defense attorney Tim Schulz acknowledged that McMullin’s absconsion from court during a September hearing made it difficult to justify a probation term but only asked the court for a sentence lighter than the two years recommended by the state. District Court Judge Geoffrey Hall followed the state’s recommendation.
“You may have had an opportunity for probation, but for whatever reason you chose to abscond, so that ship has sailed,” Hall told McMullin. “I hope you do your time and take whatever efforts it’s going to take to turn your life around.”
McMullin declined to comment during the hearing.
McMullin was arrested on Feb. 14 during a domestic incident after he held a woman against her will in a bathroom and threatened to kill her, and at one point, threatened to do so with a glass shard from a broken picture frame. In a police affidavit, the victim claimed that McMullin also threatened to kill himself and attempted to cut his own neck during the altercation.
When officers from the Fremont Police Department arrived, they found McMullin to be possession of a knife, concealed in his waistband.
McMullin was originally charged with two additional charges—first degree false imprisonment as a class IIIA felony and use of a deadly weapon to commit a felony as a class II felony, but both those charges were dropped. An initial charge of carrying a concealed weapon as a class I misdemeanor was upgraded to a class IV felony because it was a second offense.
In other district court news from Monday:
- Two pleaded to drug related charges: Travis D. Workman, 48, pleaded guilty to possession of a controlled substance, tramadol, a class IV felony. And Justin M. Golter, 43, pleaded guilty to possession of a controlled substance, methamphetamine, a class IV felony. Workman is expected to make an application for drug court, and the state said that, as part of a plea agreement, there is no objection to a sentence of probation in Golter’s case.
- A bench warrant was issued for Ronald W. Hoffman, 49, who failed to show up to court to address a motion to revoke his probation. Another was issued for Brenda Hernandez Calderon, who failed to appear in court for a motion to revoke post-release supervision.