Van Boening a no-show at arraignment 03/26/08 - Grand Island Independent: News
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Van Boening a no-show at arraignment

By Sarah Schulz
sarah.schulz@theindependent.com

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A Grand Island man facing multiple charges of driving under the influence failed to appear in Hall County District Court Tuesday morning because he was in jail in York County for failing to appear at a hearing there.

Michael Van Boening, 23, of 335 S. Plum St. was scheduled for arraignment in Hall County District Court at 9 a.m. Tuesday. His court-appointed attorney, Deputy Hall County Public Defender Tregg Lunn, appeared in court without his client and requested a continuance.

The prosecutor requested a bench warrant, which was granted by Hall County District Judge James Livingston.

"I don't know where he is," Lunn said after the hearing. "I think another county has him."

According to the York County attorney's office, Van Boening was in York County Court at 1:15 p.m. Tuesday for a bond review.

Van Boening was arrested on a bench warrant on March 19 for failing to appear on a charge of DUI in York County stemming from a Feb. 24 arrest, according to the York County Sheriff's Department.

After the February arrest, Van Boening was released on a 10 percent of $5,000 bond. When he failed to appear in York County, his bond was revoked and a warrant was issued. A new 10 percent of $5,000 bond was put in place during his Tuesday afternoon appearance, according to the York County Court clerk's office.

Van Boening is no longer an inmate at the York County Jail, according to the Sheriff's Department there.

He was taken into York County custody from Hamilton County, where he had been arrested on March 17 for failing to appear on a DUI charge in that county from Feb. 10. He had been scheduled for arraignment in Hamilton County on Feb. 26.

According to the Hamilton County Sheriff's Department, Van Boening was taken into custody there from another agency. He had been serving a 14-day jail sentence in Hall County for DUI from a Feb. 2 incident. He was sentenced in that case on March 5. In addition to the jail time, Van Boening was fined $400 and was ordered not to drive for six months.

Also during that appearance, Van Boening was tried on a misdemeanor charge of child abuse for leaving his then 8-month-old daughter home alone on Jan. 26. That case is under the judge's advisement.

Van Boening's troubles began on Jan. 20, when he was arrested in Hall County for driving under the influence with his infant daughter in the car. He was supposed to be in Hall County District Court Tuesday morning on the Jan. 20 case.

Van Boening is now scheduled for a plea in Hamilton County at 10 a.m. April 15 and a pretrial hearing in York County at 9:30 a.m. April 16.


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