Setting out with the intent to send Kolton Farr to prison, Box Butte County District Court Judge Travis O’Gorman changed his course during Farr’s sentencing after listening to Farr and his attorney present a case for a stringent probation term.
The charges against Farr, according to court records, stem from a drunken night in April that included attempted robberies, child abuse, reckless driving and attempted assault.
According to the Affidavit for Custody in the case, at approximately midnight on April 10, an officer with the Alliance Police Department witnessed a white GMC pickup traveling at a high rate of speed in the 800 block of West Third Street. The officer attempted to stop the vehicle, but the driver did not comply, which resulted in a pursuit. The officer ended the pursuit shortly thereafter.
According to the affidavit, the same officer and a second officer were investigating a separate incident when the other officer was dispatched to the 600 block of Black Hills Avenue regarding a woman who was held at knifepoint. When the officer arrived, they spoke with the woman, who told them a man, “in blue jeans with an undone zipper, a black coat, a hat, and glasses,” who she described as skinny and young, was driving a white GMC Crewcab.
The woman said the man was holding a knife while speaking to her, and noted that he was trying to use the knife to break into her vehicle. The officer observed scratch marks on the vehicle. The woman told the officer the man tried to shake her hand before leaving the scene in the GMC pickup, heading eastbound.
The officer who tried to initiate a traffic stop on the GMC pickup was in the parking lot of the Alliance Police Department with a prisoner from a separate case when he observed a white GMC pickup chasing a blue sedan into the APD parking lot. The officer heard the driver of the sedan scream for help and observed the pickup strike the sedan. The officer ran toward the vehicles, which were exiting the parking lot, commanding the driver of the pickup to stop. As the pickup continued chasing the sedan, the officer fired three rounds from his pistol at the driver of the GMC pickup. The rounds struck the driver’s side of the vehicle. The blue sedan continued eastbound on Fifth Street while the white GMC turned south on Niobrara Avenue.
Officers located the blue sedan and looked at the damage on the vehicle, including white paint transfer. They spoke with the driver of the blue sedan, as well as the passenger of the vehicle, according to the Affidavit, who said the pickup came out of the alley of Laramie Avenue and began to chase them. The driver said they had to drive the wrong way on a one-way due to the chase. The driver said they drove to the police department and that they weren’t able to dial 911 out of fear for safety.
Another officer went to the residence of Kolton Farr, after dispatch believed he was involved due to a message on Facebook. Farr’s family members answered, noting that the white GMC pickup belonged to them. They also advised that he was not home. The officer observed muddy tire tracks leading from the back of the residence to the street.
At 1:34 a.m., an investigator saw a maroon SUV stopped in the middle of the outside eastbound lane of East Third Street. On the passenger side, two males were observed fighting. One of the males was identified as Kolton Farr and detained. The investigator noticed the smell of alcohol coming from Farr.
According to the Affidavit, Farr said he left the white GMC pickup elsewhere and told officers, “I am the one you are looking for” and “I was the one in the truck,” noting that he was intoxicated. When asked if he had any dangerous items, Farr handed officers a Benchmade pocket knife, and he was taken to the hospital.
Other officers found the vehicle, which had been involved in an accident. Officers determined that the vehicle had gone over the train tracks and had crashed into the foundation of a grain silo. Officers noted that the vehicle was still partially sticking out of the silo.
At the hospital, Farr confirmed he had been in an accident. After he was medically cleared, officers transferred him back to the station to be processed for DUI. Officers administered a PBT and Farr provided a sample of .215. Officers secured a warrant for Farr’s blood, which was secured at 5:35 a.m.
Farr was arraigned in Box Butte County Court on April 20, and a preliminary hearing was set for April 23. An amended complaint against Farr was filed by Deputy County Attorney Larry Miller and listed the charges in the case: two counts of use of a deadly weapon to commit a felony, each a class 2 felony; attempted first degree assault, a class 2A felony; attempted robbery, a class 2A felony; two counts of first degree false imprisonment, each a class 3A felony; two counts of child abuse, each a class 3A felony; leaving the scene of an injury accident, a class 3A felony; DUI +.15, first offense, a class W misdemeanor; flight to avoid arrest, a class 1 misdemeanor; stalking, a class 1 misdemeanor; third degree assault, a class 1 misdemeanor; criminal mischief, $500-$1,500, a class 2 misdemeanor; leaving the scene of an accident, a class 2 misdemeanor; criminal mischief less than $500, a class 3 misdemeanor; two counts of willful reckless driving, each a class 3 misdemeanor; and minor in possession of alcohol, a class 3 misdemeanor.
According to the amended complaint, the first degree false imprisonment charges and child abuse charges come from placing two juveniles in a harmful situation.
On June 16, Farr entered into a plea agreement and an amended complaint was filed against Farr charging him with attempted first degree assault, a class 2A felony, first degree false imprisonment, a class 3A felony, child abuse, a class 3A felony, DUI, first offense, a class W misdemeanor, two counts of third degree assault, each a class 1 misdemeanor, criminal mischief $501-$1,499, a class 2 misdemeanor, leaving the scene of an accident, a class 2 misdemeanor, criminal mischief less than $500, a class 3 misdemeanor, and willful reckless driving, first offense, a class 3 misdemeanor.
At Farr’s sentencing on Nov. 17, Deputy County Attorney Larry Miller urged Judge O’Gorman to consider a prison sentence, noting a high risk to re-offend. Farr’s attorney Stacy Bach told Judge O’Gorman that the case is attributed to alcohol use.
“That’s really the biggest issue here is his sobriety and keeping that going,” said Bach. “As we sat and visited today, Kolton just said, ‘Look, I’m an alcoholic.’ For him to be able to admit that now, I think the he has gone through a lot of changes.”
Bach asked Judge O’Gorman to consider an intensive term of probation, as well as a jail sentence that reflects the 221 days he served in jail.
“Basically, what that comes down to, your honor, from our perspective, is he has three major felonies left that he would be placed on probation for,” Bach said. “One is a zero to 20 year, one is a zero to three years, and the other is zero to three years. In the event that Mr. Farr cannot maintain his sobriety, and not maintain being a citizen of this community, he’s looking at, potentially, 26 years in prison.”
Bach emphasized that Farr has taken responsibility for his actions, noting the severity of the case. Bach also noted that prisons in Nebraska are overcrowded currently and that Farr turned 19 just prior to the sentencing.
“Throwing him into incarceration at 19 years of age, I don’t think it’s going to benefit him,” said Bach. “I think that the benefit would be if we can put him into the community and make him a gainful member, and keep him sober, he will do just fine. Again, if he doesn’t, these are some pretty hefty felonies.”
When asked if he had anything to say before sentencing, Farr told Judge O’Gorman he takes responsibility for his actions.
“I’m in the wrong here,” Farr said. “There’s no one else to blame but myself. I do have a problem with alcohol, a very, very, very bad problem with alcohol. I want to do everything I can to fix that problem so that we don’t have anymore trouble in my future. I don’t want to come into this courtroom again. I don’t want to come into any courtroom again. I don’t want to let myself down, or my family down, or my friends. I have a lot of good people on my side.”
Farr asked Judge O’Gorman to allow him to write a letter to each victim in this case. Judge O’Gorman told Farr he planned on sentencing him to prison.
“These are difficult decisions to make at times,” said Judge O’Gorman. “My plan today was to put you in prison for five to eight years. That was my initial plan.”
Judge O’Gorman noted that Farr’s 90-day evaluation aided him in making a decision.
“These are serious charges, they really are,” Judge O’Gorman said. “You caused a lot of people turmoil and harm. I have to take them into account, too. At the same time, you’ve served 221 days. Under the law, that’s a pretty good chunk of time. That’s giving you a pretty good head start on sobriety. My biggest fear is, can we keep you sober. Right now, I don’t think you’re going to do anything, but I think people have thought that before.
Judge O’Gorman asked Farr what his plan was to stay sober. Farr said he will go to outpatient treatment to seek help that was not available to him before he realized he had a problem with alcohol.
“When you say it’s serious, it’s about 26 years serious, do you understand that?” Judge O’Gorman asked.
Farr told Judge O’Gorman he understood, and that he agreed prison would likely be the outcome if he failed on probation. Judge O’Gorman sentenced him to serve five years of probation, and to serve a total 221 days in jail, with credit for 221 days served. He also ordered that his license be revoked for six months and fined him $500.
“Don’t let me down,” said Judge O’Gorman. “I don’t want to see you back here.”