Roadside Assault Ends in Probation

(GERING, Neb.) — A Gering man has been sentenced to six months of probation following an April roadside incident south of Gering that initially resulted in domestic assault and DUI charges.

Brendon J. Oaks, 23, was sentenced Tuesday in Scotts Bluff County Court after pleading guilty to obstructing government operations, a Class 1 misdemeanor, and possessing or consuming an open alcohol container, an infraction.

As part of a plea agreement, several additional charges were dropped, including third-degree domestic assault, first-offense DUI, refusal of a preliminary breath test and refusal of a chemical test.

According to an affidavit of probable cause filed by the Scotts Bluff County Sheriff’s Office, deputies were dispatched around 6:21 a.m. April 13 to County Road 23 near County Road T after receiving reports of a physical domestic disturbance inside a black Jeep.

Upon arrival, deputies observed Oaks walking around the front of the running vehicle before getting into the driver’s seat.

Officer Weitzel noted in the report that Oaks exhibited slurred speech, unsteadiness and a strong odor of alcohol. Oaks denied drinking or engaging in a physical altercation.

The female passenger told investigators that only a verbal argument had occurred, but deputies noted visible injuries to her wrists. A witness at the scene reported seeing a male punch the woman, wrap her in a blanket and drag her back toward the vehicle.

Deputies later located an open container of hard liquor inside the Jeep after Oaks gave permission to search for his wallet.

Oaks later refused both a preliminary breath test and a chemical blood test.

On Tuesday, Judge Kovarik sentenced Oaks to six months of probation. For the obstruction charge, he received a 169-day jail sentence with 170 days of credit for time served. For the open-container violation, he was sentenced to one day in jail, to run concurrently with his probation term.

As conditions of probation, Oaks must abstain from alcohol and illegal drugs, submit to random drug testing, including testing for fentanyl, complete an assessment screening and pay $270 in fines and court costs.