Five Sentenced in District Court; Davenport Businessman Arrested for Sexual Assault

Last Friday, Judge Vicky Johnson sentenced five individuals and held the arraignments of two others.

The two largest cases of Juston Schmidt and James Humphrey came to a close that day as both men were sentenced to the Nebraska Department of Corrections. Both cases were related to the sexual assault of children.

Humphrey, 50, of Davenport, was sentenced to a term of not less than 25 years and no more than 30 years with 406 days credit served. The Davenport man pled no contest to attempted sexual assault of a child. Rather than going to trial, Humphrey made a plea agreement with prosecutors, feeling that a jury would find him guilty due to evidence, though he still claimed to not be guilty. “It is what it is,” said Humphrey in a final statement before his sentence was given.

In the case of Schmidt, 40, of Deshler, the defense argued for probation due to the lack of any previous felonies and only a handful of misdemeanors. The prosecution, however, reminded the judge of the emotional baggage Schmidt’s daughter would carry as a result of the ordeal as well as Schmidt’s lack of remorse, though she pointed out that this was because he still maintained his innocence. In the end, the Deshler man was sentenced to a term of not less than four years 11 months and no more than five years for each of the two counts of third degree sexual assault of a child with 333 days credit served. The judge ordered his sentences to run consecutively with each other.

Both Humphrey and Schmidt were transported to Lincoln to begin their prison terms, according to the Thayer County Sheriff Facebook page.

Darren Vogel, 35, of Ohiowa, and Jesse Durflinger, 24, of Alexandria, were both arraigned last Friday.

Vogel pled “not guilty” to terroristic threats, a class four felony (C4F), strangulation (C4F) and domestic assault, a class one misdemeanor (C1M). The Ohiowa man was arrested after the Sheriff’s Office received a call regarding an altercation he had with his girlfriend while she was driving him to work. According to the police report, Vogel beat and strangled her and attempted to set the car on fire by pouring fuel on it after their vehicle became stuck. His next court date is August 6.

Durflinger pled “not guilty” to use of a deadly weapon to commit a felony, a class one felony, terroristic threats (C4F), obstruction of an officer (C1M) and third degree assault (C1M). Durflinger was arrested after reportedly getting into a fight with his father. According to the police report, after striking his father, Durflinger fired a gun into the air and waved it in his direction. His next court date is August 6.

Breana Zoubek was sentenced to 36 months of intensely supervised probation for attempted theft (C4F). Timothy Ridolfi was sentenced to 24 months of probation for assault in the third degree (C1M). After not complying with the terms of his probation for charges of theft (C3F), Andrew Collins was given a second chance. He was sentenced to continue  his 48 months of probation but this time intensely supervised.

A district court session will not be held in July.

In other news, Thayer County Sheriff’s deputies arrested 58-year-old Harold Stone of Davenport on June 11 at his residence. Dan Werner, Thayer County attorney, filed a complaint that Stone subjected a person of 12 years but younger than 16 to sexual penetration. The Davenport business owner is being charged with sexual assault of a child in the first degree, a class 1B felony punishable by 15 years to life in prison. Stone is also charged with possession of marijuana of less than one ounce and possession of drug paraphernalia. Stone is currently being held in the Thayer County Jail with a bond of $500,000 at ten percent.