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Norfolk man sentenced to prison after being attacked with piece of wood | Select

MADISON — A Norfolk man who attacked a woman with a piece of wood in February will spend the next few years in prison.

Daniel Randall, 29, was sentenced Friday by District Judge Mark Johnson to 4 years in prison for attempted second-degree assault and first-degree false imprisonment.

Randall, who has been in prison for four months, must serve about 20 months before he is eligible for mandatory release. He faces a maximum sentence of six years.

Upon his release from prison, he must also serve 12 months of post-release supervision.

On February 4, around 3 a.m., dispatchers received a call from a woman who said Randall was harming himself in a Norfolk apartment. The woman also reported that Randall was hitting her with a “stick.”

Norfolk police officers responded to the scene and the victim then opened the apartment door in an attempt to leave the residence. Randall tried to close the door, but officers were able to get the victim out of the apartment and arrest him.

The victim told police that Randall hit her in the back of the head with a piece of wood from a dresser, as well as her left arm several times. Before the attack, Randall had drunk at least two pints of alcohol, the victim said.

While the Madison County Prosecutor's Office agreed not to make a specific recommendation during sentencing pursuant to a plea agreement, Deputy County Attorney Matthew Kiernan suggested a sentence of incarceration.

Randall's attorney, Brad Ewalt, asked for a sentence that reflects time already served and post-release supervision, saying it would allow his client to begin therapy for his mental health and substance abuse issues.

“He recognizes that he needs to make changes in his life,” Ewalt said. “He's had conversations with his mother about making these changes, about solving the problems here, and he's fully committed to doing that.”

When given the chance to speak in court, Randall apologized to the victim for his actions.

“Alcohol is my demon. And I want to overcome this. …Alcohol makes me a bad person. They (referring to his family) know it, I know it,” Randall said. “I take full responsibility for my actions.”

In reviewing the sentencing criteria, Johnson said Randall's risk of reoffending – by psychological testing standards – was “very high.”

“I can probably count on one hand the number of times I’ve seen that,” the judge said of the high score. “You really have to address the mental health and addiction issues if you’re going to stay in prison or not stay in prison.”

The judge determined that while the programming would be useful, it would be a danger to the public for Randall to do it outside of confinement.

“Mr. Randall, I've seen you here before and you seem like a reasonable man,” the judge said. “It's just when you start drinking, and other things get in the way, that you apparently change.”

Others were convicted on the following grounds:

Theft by unlawful taking ($5,000 or more), failure to appear

— Jerrod Altevogt, 40, Saunders County Jail, 2 to 8 years in the Nebraska Department of Corrections with credit for 14 days served, 16 months post-release supervision.

Possession of methamphetamine, leaving the scene of a property accident

— Jolyn M. Eatherton, 31, 701½ Spruce Ave., 14 months SAS probation with credit for 56 days served, costs. She was also ordered to serve a 90-day sentence in the Madison County Jail at a later date.

Theft by deception ($1,500 to $4,999)

— Jeanna M. Leroy, 55, Omaha, 12 months probation, costs.

Terrorist threats – two counts, attempted terrorist threats, violation of protective order, third-degree assault on a family member

— Lukus T. Johnson, 22, Madison County Jail, 2 years in Nebraska Department of Corrections with credit for 21 days served, 12 months post-release supervision, fees.

Attempted terrorist threats, failure to appear

— Elijah R. McKeown, 28, Battle Creek, 364 days in Madison County Jail with credit for 63 days served, fees.

— Andrew M. Stevens, 25, Lincoln, 18 months probation, 90 days in Madison County Jail, fees.

Possession of methamphetamine

— Donald L. Howe, 63, 916 Syracuse Ave., Apt. 8, 270 days in Madison County Jail with 63 days credit.

Others were charged with the following counts:

Possession of methamphetamine

— Gerald S. Baugh, 27, friend, pleaded guilty.

— Jesse A. Fosbinder, 41, of the Madison County Jail, has pleaded not guilty.

— Chelsea M. Musquiz, 28, of Stanton, has pleaded not guilty.

Possession of fentanyl, possession of methamphetamine

— Justis J. Calkins, 26, 302 Trailridge Road, had his arraignment continued.

Driving a motor vehicle to avoid arrest

— Roxane Coady, 64, Pilger, pleaded not guilty.

Possession of methamphetamine — two counts, resisting arrest — second offense

— Clifford J. Corn, 41, Madison County Jail, pleaded not guilty to each charge.

Possession of methamphetamine, shoplifting ($0 – $500) — third offense

— Jessica Elznic, 46, of the Madison County Jail, has pleaded not guilty to each charge.

Possession of cocaine, possession of ecstasy, driving while revoked

— Pierre D. Evans, 38, 114 Cedar Ave., has pleaded not guilty to each charge.

Shoplifting ($1,500 to $4,999)

— Alyssa D. Finkral, 33, Lindsay, has pleaded not guilty.

Possession of cocaine, first degree criminal trespass

— Manuel Garcia Jr., 20, Denison, Iowa, has pleaded not guilty to each charge.

Driving under the influence of alcohol (refusal to submit to test) — fourth offense, driving while revoked, driving without an alcohol ignition interlock device

— Benjamin P. Hill, 49, of Carroll, has pleaded not guilty to each charge.

Criminal mischief ($5,000 or more), criminal identity theft

— Jena K. Holmes, 33, 609 Emerald Drive, has pleaded not guilty to each charge.

Assault on a family member in the third degree — second offense

— Rashid D. Perry, 24, Madison County Jail, pleaded not guilty.

Possession of methamphetamine, possession of lisdexamfetamine

— Adam A. Ramsey, 45, of the Madison County Jail, has pleaded not guilty to each charge.

— Joshua Spurlock, 32, 1302 Cyhawk Loop, pleaded not guilty.

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