Diller Man Charged with Violating Protection Order
Howard W. McBurnett III, age 34, of Diller, appeared in Jefferson County Court via webcam from the Reception and Treatment Center (formerly Diagnostic and Evaluation) of the Department of Corrections in Lincoln, the morning of Wednesday, February 8, 2023. Linda Bauer was the presiding judge.
McBurnett is charged with violating a protection order. The defendant has a prior conviction of violating a protection order in Gage County. He was sentenced to prison, beginning August 21, 2014 and he was released on March 23, 2017. The prior conviction makes this latest charge a class 4 felony, punishable by two years in prison, plus 12 to 18 months of post-release supervision and a $10,000 fine.
According to the arrest affidavit, on December 28, 2022, the protected party reported, “multiple attempts at contact on various forms of electronic communication by Howard McBurnett.”
A warrant was issued and McBurnett was arrested on January 5, 2023.
Because the charge is a felony, the defendant is entitled to a preliminary hearing before the case is transferred to District Court. A preliminary hearing is scheduled for March 8, 2023.
McBurnett also has a case pending in Lancaster County.
The defendant was out on a PR (Personal Recognizance) bond in a separate case out of Lancaster County when he was arrested on this most recent charge. In Lancaster County, the defendant is charged with terroristic threats, a class 3A felony punishable by up to three years in prison and nine to 12 months of post-release supervision.
After McBurnett’s most recent arrest, a motion was filed to revoke his PR bond. A hearing was held in Lancaster County Court the afternoon of January 11. The presiding judge was Susan Strong.
Judge Strong sustained the motion and the bond was revoked. A new bond was set at $100,000 (10 percent). There is a provision that prohibits any contact with the victim.
