YORK – This week, Andre Schwindt, 37, of Lincoln, was to be re-sentenced for his eighth offense of driving under revocation/suspension. Sentencing, however, was delayed in an effort for Schwindt to go to treatment.
Last April, he was sent to jail for the offense and also ordered to 12 months post-release supervision after his jail sentence was complete.
Then, in December, he was back in York County District Court before Judge James Stecker, to be sentenced again as he had violated the terms of his post-release supervision. That was then postponed to this week.
The case began when a deputy with the York County Sheriff’s Department was on regular patrol as he saw Schwindt pull up to gas pumps at the Henderson interchange. He said Schwindt was acting suspiciously and was not getting out of the car but rather watching the deputy for more than five minutes.
The deputy entered the information from Schwindt’s license plates and discovered that he had a revoked license with a pickup order. The deputy wrote in his report that Schwindt’s license had been revoked for 15 years for a third offense driving under the influence conviction in Douglas County.
Schwindt began to drive out of the business parking lot and the deputy initiated a traffic stop. Schwindt admitted to driving on a 15-year revocation.
The deputy also found that he was also revoked in Missouri and had a lengthy history of driving under suspension, “to include seven convictions on his Nebraska abstract.”
Schwindt was sentenced to nine months in jail, was given credit for 134 days already served, and was ordered to 12 months of post-release supervision – which he violated and for which he was brought back to court.
“It would be one thing if you were complying but you are not showing up for testing or programming,” Judge Stecker said to Schwindt during earlier court proceedings.
“You were to begin treatment and you failed to follow through,” said Judge Stecker. “You said you were employed and then probation found out later you weren’t. You weren’t present for a house visit. You didn’t report to probation. Information was provided to probation that you are using again,” and he read a long list of dates on which he failed to show up for testing. “Why should I continue you on post-release supervision?
“I won’t sentence you today; if I did, you would spend the rest of your post-release supervision in jail. I will continue this,” Judge Stecker said at the December court hearing, “but in the meantime, you better meet with probation and comply. If you don’t, you know what the court will do. I’m not going to mess around with this. Comply and follow through.”
On Monday, York County Attorney John Lyons told Judge Stecker, “the state wants to point out he hasn’t sought any treatment.”
“We were in court three weeks ago when you made clear the actions he needs to take,” Deputy York County Public Defender Patrick Tarr told Judge Stecker. “He has made strides since then. He took to heart the things you told him to do. He has gained employment. He hasn’t gone to treatment as he is training for his job.”
“It seems to be a problem, going to treatment, as you have been ordered to do it and you always find an excuse not to do it. I will give you an opportunity to engage yourself in treatment, as you have done well with other issues.”
Sentencing was continued to Feb. 10.