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HARTINGTON – Judge Bryan Meismer granted the request by David Phillips Jr., 21, Kenner, La., to appear unshackled and in civilian clothing in front of a jury during trial on charges of second-degree murder.
Phillips also faces charges of use of a firearm to commit a felony and possession of a stolen firearm, in the death of 31-year-old Israel Matos-Colon, Fowlerville, Mich.
The shooting occurred March 1, 2023, at a U.S. Cellular tower worksite about two miles north of Hartington.
In Cedar County District Court Monday morning, Phillips’ lawyer, Todd Lancaster of the Nebraska Public Advocacy Commission, and the Nebraska Attorney General’s office, prosecutors in the case, argued a motion in limine to exclude certain evidence at trial.
Meismer took the matter under advisement and will make a ruling at a later date. Phillips’ next court date was set for March 28. A trial, lasting about four days, was set for April.
In other district court appearances Monday: - Timothy Lueth Jr., 42, Hartington, had a trial date set for February in his case in which he is accused of felony child abuse and assault by strangulation. The charges stem from a March 20 incident in a Hartington home. Lueth allegedly grabbed a girl by the neck and threw her down.
She indicated it was hard for her to breathe and witnesses said she was coughing.
- Joseph Grant, 30, Concord, entered guilty pleas to possession of a deadly weapon by a prohibited person, stalking, terroristic threats, driving under the influence of alcohol-first offense, and failure to submit to testing, while 11 other charges against him were dismissed as part of a plea agreement. Grant’s charges stem from the threatening of a Laurel man with a knife and stalking a woman at her workplace. Meismer granted a bond reduction from $100,000 to $50,000, and set Grant’s sentencing date for March 26.
- Christopher Barta, 30, Irene, S.D., pleaded guilty to criminal mischief in the theft of three spans of center pivot irrigation wire from a Cedar County farm last summer. Sentencing was set for Feb. 26.
- Phelan Schwager, 36, Randolph, pleaded not guilty on a second-degree assault charge for allegedly fighting a fellow inmate at the Cedar County jail. That charge and possession of a firearm by a felon, possession of a stolen firearm, theft by receiving, criminal mischief, possession of a controlled substance and criminal mischief will be taken up by the court again Feb. 26.
