Saturday, March 28, 2026
Home Local News Elgin man faces felony counts after January incident

Elgin man faces felony counts after January incident

A continuance was granted in a case involving a 47-year-old Tilden man charged with assault.

On Feb. 4, Antelope County Attorney Joe Smith requested a continuance to discuss a plea deal with Joshua G. Andrews. The Honorable Donna Taylor granted Smith’s request.

The charges stem from a Dec. 5 incident in Neligh when Andrews is alleged to have pushed Craig Smith, owner of Smitty’s Super Clean, to the ground in the east wash bay. Andrews is scheduled to appear March 12 for further arraignment.

*****

Robert M. Carnes, 49, of Elgin, appeared for arraignment on two felony counts: use deadly weapon to commit a felony, a Class II felony; and terroristic threats, a Class IIIA felony.

The charges stem from a Jan. 29 incident. According to the probable cause affidavit, Antelope County Deputy Darin Ternus assisted Antelope County Deputy Barker at Carnes’ rural Elgin home, where he was alleged to have had disagreement with his brother, Billy Carnes, about selling his house. According to a witness, Robert Carnes is alleged to have grabbed a butcher knife and was “going to stab Billy.”

Later, Robert Carnes allegedly told his brother “that he was joking and he hadn’t sold the house.”

Ternus arrested Carnes and transported him to the Antelope County Jail. Bond was set at $20,000-10%. He will appear March 12 for further arraignment.

*****

Joy L. Joyce, 23, of Neligh, appeared for further arraignment. Joyce pleaded not guilty to one count of domestic assault-third/threat/bodily injury, a Class I misdemeanor. The charges stem from a New Year’s Eve incident on Clearwater’s Main Street. Two Antelope County Sheriff’s deputies responded to a 911 call about a physical altercation. The caller, Zachary Sohler, said he and Joyce had been drinking and were leaving via vehicle when Joyce allegedly began hitting him.

Sohler said he returned to Main Street so “he was in public” and that he “tried to push her out of the vehicle.”

Joyce was not located on Main Street, but found nearby by two Clearwater residents, who brought her back to the Legion building.

Joyce requested a jury trial. Taylor ordered Joyce to appear March 12 for a pretrial hearing. Bond, set at $10,000-10%, remains in effect.

*****

Alma Marrufo Zubaran, 48, of Neligh, pleaded no contest to one count of disturbing the peace, a Class III misdemeanor.

Taylor adjudged Marrufo Zubaran guilty and sentenced her to pay a $100 fine, plus court costs.

*****

Russell Starkey, 52, of Tilden, pleaded not guilty to a charge of disturbing the peace, a Class 3 misdemeanor.

Starkey was arrested following a Nov. 17 incident where Starkey is alleged to a felon in possession of a firearm.

Taylor set a March 26 trial date. Bond, set at $5,000-10%, remains in effect.

*****

An amended complaint was filed  in a case involving Tanner J. Cunningham, 24, of Oakdale. Originally charged with domestic violence assault-3rd/cause bodily injury, a Class I misdemeanor, Cunningham now faces one count of assault-threaten/menacing manner, a Class I misdemeanor.  

Cunningham’s attorney, Martin Klein, requested a continuance, which Taylor granted.

Cunningham will appear March 12 for a pretrial hearing.

*****

James J. Bolling, 43, of Clearwater, appeared for sentencing following a November 2025 incident that led to one charge of DV assault-3rd/threat/bodily injury, a Class I misdemeanor; and one count of assault-cause bodily injury, a Class I misdemeanor. On count one, Taylor sentenced Bolling to pay a $500 fine and a 63-day jail term, which is suspended until July 1. Bolling receives credit for three days previously served. 

Taylor ordered Bolling to pay a $500 fine on count two.

He will serve a 24-month probation term, pay probation costs of $750, and pay restitution totaling $3,892.00.