Minatare man's sentencing delayed

(Drew Schmaltz)

The sentencing of a 21 year old Minatare man accused of causing the death of a Gering man in a rollover accident last July has been delayed. Scotts Bluff County District Judge Randy Lippstreu Tuesday ordered additional study and testing of Drew Schmaltz at the Nebraska Corrections Center's Diagnostic Facility in Lincoln before he pronounces a sentence, which has been rescheduled for May 24th.

Schmaltz entered a no contest plea in January to manslaughter in the dath of 21 year old Taylor Magdaleno and faces a minimum of one year in prison and a maximum of 20 years imprisonment if he does not receive probation. Lippstreu indicated Tuesday he had received a number of letters with varying recommendations for sentencing prior to ordering the evaluation, which he noted is an option when imprisonment is involved in a sentencing.

Schmaltz is charged with being at the wheel of a pickup truck that rolled near the intersection of County Road 29 and County Road M July 27th of last year. Magdaleno died as a result of injuries suffered in the accident.

Four other passengers were injured, but were eventually treated and released from Regional West Medical Center. A fifth passenger was not injured. At the time of the accident, four of the males were riding in the cab, and two in the pickup bed.

According to court documents, a breath alcohol test showed Schmaltz had a level of .155, nearly two times the legal limit.

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