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HARTINGTON – A Louisiana man’s murder case will continue into next year.
Both the prosecution and defense attorneys in the case against David Phillips Jr., 21, appeared through videoconferencing in Cedar County District Court Monday morning to give an update on where the case stands.
Todd Lancaster of the Nebraska Commission on Public Advocacy indicated he would be filing motions in liminie as well as a motion to allow Phillips to wear civilian clothes and be unshackled during his jury trial. In a motion in liminie, lawyers argue whether certain testimony should be excluded from trial.
Phillips waived his appearance in court Monday and the next court date was set in January.
He is accused of second-degree murder in the shooting death of 31-year-old Israel Matos- Colon, Fowlerville, Mich.
The shooting occurred March 1 at a U.S. Cellular tower worksite about two miles north of Hartington.
He’s also accused of use of a firearm to commit a felony and possession of a stolen firearm.
In other cases heard Monday: – Phelan Schwager, 36, Randolph, pleaded not guilty to 11 counts in two different cases including criminal mischief, possession of a firearm by a felon, possession of a stolen firearm, theft by receiving stolen property and possession of a controlled substance. When the Nebraska State Patrol arrested Schwager for his alleged involvement in criminal mischief and theft of copper irrigation wire, they located methamphetamine on him. A search of his residence and garage located additional evidence including an alleged stolen motorcycle and firearm. His next court date was set for November. A request to reduce bond was denied.
– Albert Bathel, 73, pleaded no contest to resisting arrest and possession of a firearm in Cedar County District Court Monday and three other charges were dismissed. An enhancement hearing was held and the resisting arrest charge was elevated to a second offense.
The case then proceeded to sentencing. Judge Bryan Meismer sentenced Bathel to a total of three to four years in prison and was subject to 18 months of post-release supervision.
In an incident last month, Bathel refused to leave his Laurel residence when law enforcement arrived but eventually let a deputy in to attend to a woman in the home who had fallen. During the investigation, officers found both parties to be intoxicated and located a loaded revolver in a case at the residence. Deputies found Bathel in violation of the law by possessing a firearm due to a prior conviction of domestic assault.
– Christopher Barta, 29, Irene, S.D., pleaded not guilty to a felony charge of criminal mischief.
His charges stem from a Cedar County Sheriff’s Office and Nebraska State Patrol investigation into wire cut near tower boxes on three stands of center pivot irrigation. Law enforcement allegedly located Barta’s debit card under a pivot section. A local center pivot installation company estimated costs of parts and labor to repair the three spans would be about $8,500.
