Image ID: D01070783C08 Page: 1

FILED BY DATE: 7/23/2021

Clerk of the HALL District Court
07/26/2021
D00143788D08
HALL COUNTY COURT

Electronic Transcript Table of Contents

Volume 1 of 1.

Electronic Transcript Prepared By Faith Lynaugh

State v. Giannini Cervantes

Receiving Court Case No. HALL District Court CR 21 387
Originating Court Case No. HALL County Court CR 21 1475

Confidential documents will be provided in a separate transcript.

Contained Herein - Volume 1

Date Filing Page
05/17/2021 Citation/Complaint 1
05/17/2021 Aff-Probable Cause 3
05/17/2021 Aff-Probable Cause 6
05/17/2021 Journal Entry & Order 9
05/24/2021 Letter 11
05/25/2021 Journal Entry & Order 12
05/25/2021 Letter 13
05/25/2021 Copy Made 15
05/26/2021 Journal Entry & Order 16
05/26/2021 Order-Nunc Pro Tunc 17
05/26/2021 Praecipe-Subpoena (4:6) 18
05/27/2021 Issue Subpoena 19
06/02/2021 Motion-Modify 20
06/02/2021 Affidavit 22
06/03/2021 Order 24
06/21/2021 Return-Subpoena/Criminal Type 25
06/22/2021 Journal Entry & Order 26
07/09/2021 Letter 28
07/09/2021 Copy Made 34
07/12/2021 Letter 35
07/12/2021 Copy Made 37
07/20/2021 Journal Entry & Order 38
07/20/2021 Praecipe-Transcript of Testimony 40
07/23/2021 Miscellaneous Document 41
07/23/2021 Certificate 42
 Filed in Hall County Court
*** EFILED ***
Case Number: C08CR210001475
Transaction ID: 0013407544
21-0145147 GRANT FOX GIPDFiling Date: 05/17/2021 09:52:05 AM CDT
L21051341 Case assigned to: HARROUN

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

IN AND FOR THE NINTH JUDICIAL DISTRICT

STATE OF NEBRASKA,

Plaintiff,

vs. COMPLAINT

GIANNINI CERVANTES I. ASSAULT 2ND DEGREE

2323 BELLWOOD DR #10 28-309 IIA FO
GRAND ISLAND, NE 68801
DOB: 03/19/1982 II. USE OF A DEADLY WEAPON TO
OLN: LIC H12784330 NE COMMIT A FELONY
H/M 28-1205(1)(a)(b) II FO
LANGUAGE:
III. DOMESTIC ASSAULT THIRD DEGREE -
1ST OFFENSE
28-323(1)(a)(b) I MO

IV. DOMESTIC ASSAULT THIRD DEGREE -

1ST OFFENSE
28-323(1)(a)(b) I MO

STATE OF NEBRASKA
SS.
COUNTY OF HALL

The complaint and information of CHRISTOPHER J. HARROUN, DEPUTY HALL COUNTY

ATTORNEY, of Hall County, aforesaid, made in the name of the State of Nebraska, before me the
undersigned County Judge within and for Hall County, Nebraska this May 17, 2021, who being duly sworn
on oath, says that GIANNINI CERVANTES, in the County of Hall and the State of Nebraska on or about:

COUNT I
April 24, 2021, recklessly caused serious bodily injury or intentionally or knowingly caused
bodily injury with a dangerous instrument, to-wit: assaulted Theresa Cervantes;

COUNT II
April 24, 2021, used a deadly weapon other than a firearm to commit a felony, to-wit: used a knife
to commit Assault 2nd Degree;

COUNT III
May 14, 2021, did intentionally and knowingly cause bodily injury to his or her intimate partner or
threatened his or her intimate partner with imminent bodily injury, to-wit: assaulted Theresa Cervantes;

COUNT IV
May 15, 2021, did intentionally and knowingly cause bodily injury to his or her intimate partner or
threatened his or her intimate partner with imminent bodily injury, to-wit: assaulted Theresa Cervantes;
Page 1 of 42
contrary to the form of the Statutes in such cases made and provided, and against the peace and dignity of
the State of Nebraska.

CHRISTOPHER J. HARROUN, #26800

DEPUTY HALL COUNTY ATTORNEY

OVERNIGHTER 05/17/2021 at 11:00 AM

Date Prepared: May 17, 2021

Prepared By: CHRISTOPHER J. HARROUN, #26800
Hall County Attorney’s Office
231 S. Locust Street
Grand Island, NE 68801
(308) 385-5150

CJH:kk

Page 2 of 42
 . Filed in Hall County Court
I *** EFILED ***
Case Number: C08CR210001475
Transaction ID: 0013407544
Tx .L Filing Date: 05/17/2021 09:52:05 AM CDT
Grand Island Police Department
Warrantless Arrest Probable Cause Statement

The undersigned, , of the GIPD Grand Island Police Dept under oath states that there
existed probable cause for the arrest without warrant of the person named below based upon the following:

Name of arrestee: Giannini Cervantes DOB: 03/19/82

Date of arrest: 05/15/21 Time: 10:57:24
Place of arrest: 2323 Bellwood

The above-named person is currently being detained on the following charges:

Date/Time Statute Code CC Bail Amt
Offense
05/15/21 10:56:37 28-323(4)-Ml Ml
l.Dom asslt-3rd degree
05/15/21 15:30:40 28-323(7)-F2A F2
2.Dom asslt-lst degree
05/15/21 15:32:05 28-323(6)-F3A F3
3.Dom asslt-2nd degree
The undersigned believes that probable cause existed for this warrantless arrest and the continued detention of the
above-named person based upon the following information which was either known by the undersigned personally or was
obtained by the undersigned in his/her capacity as a peace officer:

Arrest Narrative Report

Probable Cause Statement
1. Description of the arrest; On 05/15/2021, at 0919, at 2323 Bellwood Dr. Trailer #10,
dispatch advised Theresa Cervantes stated she was being threatened by her husband, Giannini
Cervantes. After making contact with Theresa, she had multiple bruises on her face, a bloody
nose, and a deep laceration on her lip which Theresa stated Giannini assaulted her.
Giannini was arrested for Domestic Assault 3rd Degree (28-323) I MO.

I contacted Theresa Cervantes as a follow up at Grand Island Regional Medical Center.

Theresa stated that approximately three weeks ago, her husband, Giannini Cervantes, POured
alcohol on her leg and set it on fire, stabbed her in the leg with a knife, and punched her
in the face which caused disfigurement of her nose and lip. Giannini was arrested ( Images
were taken of her injuries) . See L21051328 for further.

2. Date, Time, Reporting Officer: 05/15/2021, 0919, Fox 476

3. Home address of person arrested: 2323 Bellwood Dr. Trailer #10 Grand Island, NE 68801

4. Additional bond consideration:

5. Additional Corrections Department information:

6. Law Incident Number: L21051328

The undersigned requests the magistrate to whom this statement is presented to execute an order determining that probable
cause existed for the above-described warrantless arrest, authorizing the continued detention of the above-named person on
the stated charges, and setting appropriate bail, if any.

05/15/21
rpjlapcs.xl Page 3 of 42
Warrantless Arrest Probable Cause Statement Page 2 of 5

Officer

State of Nebraska
County of Hall

Sworn to before me this , 2021.

Judge! Notary

GENERAL NOTARY - State ot Nebraska

RYAN T. RATHBUN

My Conwi, Exp. October 5,2021

05/15/21
rpjiapcs.xl
Page 4 of 42
 L31o£i^iil
Warrantless Arrest Probable Cause Statement Page 3 of 5

Findings and Order

Based upon the foregoing statement, the undersigned magistrate finds that probable cause existed for the arrest without a
warrant of Giannini Cervantes upon the stated charges; that detention of the above-named person may continue; and that bail
for the offenses shall be as follows:

[ ] The defendant is to be held without bail pending a bail hearing.

[ ] The defendant may post bail as follows:

Count 1 - $_____
Count 2 - $
Count 3 - $

Other order:

Date:, 2021 Time:.m.

Title:

05/15/21
rpjlapcs.xl Page 5 of 42
 Filed in Hall County Court
*** EFILED ***
Case Number: C08CR210001475
Transaction ID: 0013407544
.Filing Date: 05/17/2021 09:52:05 AM CDT
Grand Island Police Department
Warrantless Arrest Probable Cause Statement

The undersigned, , of the GIPD Grand Island Police Dept under oath states that there
existed probable cause for the arrest without warrant of the person named below based upon the following:

Name of arrestee: Giannini Cervantes DOB: 03/19/82

Date of arrest: 05/15/21 Time: 10:57:24
Place of arrest: 2323 Bellwood

The above-named person is currently being detained on the following charges:

Offense Date/Time Statute Code CC Bail Amt
1 .Dom asslt-3rd degree 05/15/21 10:56:37 28-323(4)-Ml Ml

The undersigned believes that probable cause existed for this warrantless arrest and the continued detention of the
above-named person based upon the following information which was either known by the undersigned personally or was
obtained by the undersigned in his/her capacity as a peace officer:

Arrest Narrative Report

Probable Cause Statement

1. Description of the arrest: On 05/15/2021, at 0919, at 2323 Bellwood Dr. Trailer #10,
dispatch advised Theresa Cervantes stated she was being threatened by her husband, Giannini
Cervantes. After making contact with Theresa, she had multiple bruises on her face, a bloody
nose, and a deep laceration on her lip which Theresa stated Giannini assaulted her.
Giannini was arrested for Domestic Assault 3rd Degree (28-323) I MO.

2. Date, Time, Reporting Officer: 05/15/2021, 0919, Fox 476

3. Home address of person arrested: 2323 Bellwood Dr. Trailer #10 Grand Island, NE 68801

4. Additional bond consideration:

5. Additional Corrections Department information:

6. Law Incident Number: L21051328

The undersigned requests the magistrate to whom this statement is presented to execute an order determining that probable
cause existed for the above-described warrantless arrest, authorizing the continued detention of the above-named person on
the stated charges, and setting appropriate bail, if any.

Officer

State of Nebraska
County of Hall

05/15/21
rpjlapcs.xl
Page 6 of 42
 l_3)OS>l-S2S
Warrantless Arrest Probable Cause Statement Page 2 of 3

Sworn to before me this day of ,2021.

Judge /Not;

"" A GENERAL NOTARY -State ot Nettaska

W RYAN T. RATHBUN
My Oowm. Exp. Oclotier 5.2021_

05/15/21
rpjlapcs.xl
Page 7 of 42
Warrantless Arrest Probable Cause Statement Page 3 of 3

Findings and Order

Based upon the foregoing statement, the undersigned magistrate finds that probable cause existed for the arrest without a
warrant of Giannini Cervantes upon the stated charges; that detention of the above-named person may continue; and that bail
for the offenses shall be as follows:

[ ] The defendant is to be held without bail pending a bail hearing.

[ ] The defendant may post bail as follows:

Count 1 - $___________________________

Other order:

Date:, 2021 Time:.m.

Title:__________________________________

Report Includes:
All Booking Numbers matching ' 21-1056', All Arrest Numbers

05/15/21
rpjlapcs.xl
Page 8 of 42
 Image ID: F00032224C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 5/17/2021 at 12:11
DOB: 3/19/1982 Room 08C02
Case ID: CR 21 1475 Page 1
Citation: Date of Hearing 5/17/2021
================================================================================================
CHARGES(AMENDMENTS/PLEAS/FINDINGS/FINES/PRESENTENCE/JAIL/DISMISSALS)
CHARGE STATUTE DESCRIPTION CLASS TYPE

01 28-309 Assault-2nd degree 2A FEL

02 28-1205 Use deadly weapon to commit a felony 2 FEL

03 28-323 Dom asslt-3rd degree 1 MSD

04 28-323 Dom asslt-3rd degree 1 MSD

A P P E A R A N C E S A N D A D V I S E M E N T
Judge Alfred Corey
Defendant GIANNINI CERVANTES in custody
Prosecutor Christopher J Harroun
Defendant advised of the nature of the above charges, all possible penalties, effect
of conviction on non-citizens, and each of the following rights: Counsel; Appointed
Counsel; Trial; Jury Trial; Confront Accusers; Subpoena Witnesses; Remain Silent;
Request Transfer to Juvenile Court; Defendant's Presumption of Innocence; State's
Burden of Proof Beyond Reasonable Doubt (clear and convincing in cases of probation
violations); Right to Appeal.
Defendant advised of the privilege against self-incrimination and the right to
preliminary hearing.
Defendant will hire own counsel Steven W Dowding .
Defendant advised of Federal Law 18 U.S.C. 922(g)(9) and all possible penalties.

B O N D I N F O R M A T I O N
Probable cause for detention is found.
The Court, having considered all methods of bonds and conditions of release to reasonably
assure the defendant's appearance, to ensure the safety and maintenance of alleged evidence, to
ensure the safety of alleged victims, witnesses, or other persons in the community, and to
avoid pretrial incarceration, and having further considered the defendant's financial ability
to pay and other factors set forth in Neb. Rev. Stat. Section 29-901.01, sets the bond at
$200,000.00 Ten Percent.
No contact with Theresa Cervantes.

A D D I T I O N A L E N T R I E S OF R E C O R D
Video advisement of rights viewed by the Defendant prior to today's
proceedings.

The Court takes Judicial Notice of the Affidavit in Support of

Probable Cause for Counts 1,2 & 4.

F U T U R E C O U R T A P P E A R A N C E S
Case continued to 7/20/2021 at 10:30 AM
in County Courtroom 03 for Prelim Hearing .

Page 9 of 42
 Image ID: F00032224C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 5/17/2021 at 12:11
DOB: 3/19/1982 Room 08C02
Case ID: CR 21 1475 Page 2
Citation: Date of Hearing 5/17/2021
================================================================================================

Hon. 5/17/2021 JH
Alfred Corey Date Bailiff

Tape Nos. 05/14/2021

Journal Entry and Order(s) copies to:

Harroun,Christopher,Joseph, courtnotices@hallcountyne.gov
DEFENDANT
CORRECTIONS

Page 10 of 42
 (jg. Q-i- un s
■
■■ County Court
For 54452: Giannini Cervantes HCDCGP H H108 on 5/21/2021 9:57:06 AM
Dates and Times are presented in Central Time (US & Canada)

Issue ID: 23832409

Last Assigned to; None on 5/24/2021 8:35:44 AM

Last Status: Final Response by Stephanie Smith on 5/24/2021 8:35:44 AM

I would like to request a bond reduction for myself. I hope that I am doing this correct. If not,
please inform me of the proper procedure. Thank you! Giannini Cervantes #54452
Submitted by 54452: Giannini Cervantes HCDCGP H H108 on 5/21/2021 9:57:06 AM

I will forward your request to the judge.

Final Response by Stephanie Smith on 5/24/2021 8:35:44 AM

MAY iS 4 2021

ClRH MAGIS'BME
hall co COURT

Printed 5/24/2021 Page 1 of 1

Page 11 of 42
 Image ID: F00032445C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 5/25/2021 at 11:13
DOB: 3/19/1982 Room 08C02
Case ID: CR 21 1475 Page 1
Citation: Date of Hearing 5/25/2021
================================================================================================
CHARGES(AMENDMENTS/PLEAS/FINDINGS/FINES/PRESENTENCE/JAIL/DISMISSALS)
CHARGE STATUTE DESCRIPTION CLASS TYPE

01 28-309 Assault-2nd degree 2A FEL

02 28-1205 Use deadly weapon to commit a felony 2 FEL

03 28-323 Dom asslt-3rd degree 1 MSD

04 28-323 Dom asslt-3rd degree 1 MSD

A P P E A R A N C E S A N D A D V I S E M E N T
Judge Alfred Corey
Defendant GIANNINI CERVANTES in custody
Prosecutor Benjamin W Shanahan
Defendant previously advised of the nature of the above charges, all possible
penalties and rights.
Indigency inquiry held;
Defendant adjudged indigent, public defender appointed.
Defendant advised of Federal Law 18 U.S.C. 922(g)(9) and all possible penalties.

F U T U R E C O U R T A P P E A R A N C E S
Case continued to 5/26/2021 at 11:00 AM on motion of Defense
in County Courtroom 02 for Hearing - Bond review .

Hon. 5/25/2021 TP
Alfred Corey Date Bailiff

Tape Nos. 05/25/2021

Journal Entry and Order(s) copies to:

Harroun,Christopher,Joseph, courtnotices@hallcountyne.gov
DEFENDANT
Piccolo,Gerard,A, pubdefcourtnotices@hallcountyne.gov
CORRECTIONS

Page 12 of 42
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4. Page 13 of 42
. . 4.
I
Page 14 of 42
Image ID:D01060695C08 Page: 1

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

STATE OF NEBRASKA V. GIANNINI CERVANTES

Case ID: CR 21 1475

Recipients:
Gerard A Piccolo pubdefcourtnotices@hallcountyne.gov
Christopher J Harroun courtnotices@hallcountyne.gov

Image ID Date Description

A00595002C08 05/25/21 Letter

Page 15 of 42
 Image ID: F00032508C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 5/26/2021 at 11:07
DOB: 3/19/1982 Room 08C02
Case ID: CR 21 1475 Page 1
Citation: Date of Hearing 5/26/2021
================================================================================================
CHARGES(AMENDMENTS/PLEAS/FINDINGS/FINES/PRESENTENCE/JAIL/DISMISSALS)
CHARGE STATUTE DESCRIPTION CLASS TYPE

01 28-309 Assault-2nd degree 2A FEL

02 28-1205 Use deadly weapon to commit a felony 2 FEL

03 28-323 Dom asslt-3rd degree 1 MSD

04 28-323 Dom asslt-3rd degree 1 MSD

A P P E A R A N C E S A N D A D V I S E M E N T
Judge Alfred Corey
Defendant GIANNINI CERVANTES
Defense Counsel Piccolo,Gerard,A,
Prosecutor Benjamin W Shanahan
Defendant previously advised of the nature of the above charges, all possible
penalties and rights.
Defendant advised of Federal Law 18 U.S.C. 922(g)(9) and all possible penalties.

T R I A L / M O T I O N H E A R I N G
Hearing held on: Hearing ,
Bond review
Motion Granted

A D D I T I O N A L E N T R I E S OF R E C O R D
The Court, having considered all methods of bonds and conditions of
release to reasonably assure the Defendant's appearance, to ensure
the safety and maintenance of alleged evidence, to ensure the safety
safety of alleged victims, witnesses, or other persons in the
community, and to avoid pretrial incarceration, and having further
considered the Defendant's financial ability to pay and other factors
set forth in Neb. Rev. Stat. Section 29-901.01, reduces the bond to:
$190,000/10%, all previously ordered conditions still apply.

Hon. 5/26/2021 TP
Alfred Corey Date Bailiff

Tape Nos. 05/26/2021

Journal Entry and Order(s) copies to:

Harroun,Christopher,Joseph, courtnotices@hallcountyne.gov
DEFENDANT
Piccolo,Gerard,A, pubdefcourtnotices@hallcountyne.gov

Page 16 of 42
Image ID: D01060920C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ORDER NUNC PRO TUNC

STATE OF NEBRASKA V. GIANNINI CERVANTES

Case ID: CR 21 1475 Page 1

THIS MATTER comes before the Court on 5/26/2021.

This Order Nunc Pro Tunc amends the Journal Entry & Order filed on
05/26/2021.

The record should reflect that the defendant appeared in custody.

Date: May 26, 2021 BY THE COURT: _____________________________________

Hon. Alfred Corey

I, the undersigned, certify that on May 26, 2021, I served a copy of

the foregoing upon the following persons at the addresses given, by mailing by
United States Mail, postage prepaid or E-mail:

Giannini Cervantes Gerard A Piccolo

2323 Bellwood Dr #10 pubdefcourtnotices@hallcountyne.gov
Grand Island, NE 68801

Christopher J Harroun
courtnotices@hallcountyne.gov

Date: May 26, 2021 Signature: _____________________________________

COURT COPY

Page 17 of 42
 Filed in Hall County Court
*** EFILED ***
Case Number: C08CR210001475
Transaction ID: 0013487832
Filing Date: 05/26/2021 02:18:48 PM CDT
IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA
IN AND FOR THE NINTH JUDICIAL DISTRICT

)
STATE OF NEBRASKA, ) CASE NO. CR21 - 1475
Plaintiff, )
)
vs. )
)
GIANNINI CERVANTES, ) PRAECIPE FOR SUBPOENA
Defendant. )
)

The Defendant, requests that subpoena issue for the following witness on behalf of the

Defendant:

Theresa Lynn Cervantes

2323 Bellwood Drive, Trailer No. 10
Grand Island, NE 68801

Please issue writs of subpoena for the witness listed therein, requiring the witness to appear on

the 20^*^ day of July, 2021, at 10:30 o'clock a.m. on behalf of the Defendant, and direct the writ to

Defense Counsel for service.

A. Piccolo, #16023
Hall County Public Defender
117 East First Street
Grand Island, NE 68801-6022
(308)385-5016
(308) 385-5029 Fax

Page 18 of 42
D01061168C08 1061168

IN THE COUNTY COURT OF Hall COUNTY, NEBRASKA

111 W. 1st, Suite 1
Grand Island NE 68801 6016

State of Nebraska v. Giannini Cervantes

Case ID: CR 21 1475
Old Case ID:

TO: Foreign Officer

You are commanded to notify Theresa L Cervantes to appear

before this court on:

JULY 20, 2021, AT 10:30AM in Hall County Crt. Crtrm. #3

to testify as a witness in this case on behalf of Giannini Cervantes.

As a witness in Hall COUNTY COURT, you are entitled to receive a witness fee in
the amount of $20.00 for each day that you are required to be in court and, if
you live more than one mile from the courthouse, you are also entitled to
receive mileage at the rate that state employees receive. Ask the lawyer or
party who subpoenaed you or the clerk of the court for information about what
you should do to receive the fees and mileage to which you are entitled.

Date: May 27, 2021 BY THE COURT:

Clerk

For questions, contact: Gerard A Piccolo

117 East First, Suite 2
Grand Island, NE 68801
(308)385-5016

Address of person to be served:

Theresa L Cervantes
2323 Bellwood Drive, Trailer No. 10
Grand Island, NE 68801

Method of Service: Personal Service

Page 19 of 42
 Filed in Hall County Court
*** EFILED ***
Case Number: C08CR210001475
Transaction ID: 0013530660
IN THE COUNTY COURT OF HALL COUNTY, N^l^^fiS^D^Jk06^02^2021 03:14:17 CDT
IN AND FOR THE NINTH JUDICIAL DISTRICT

STATE OF NEBRASKA, ) CASE NO. CR21-1475

Plaintiff, )
)
vs. )
) MOTION TO MODIFY
GIANNINI CERVANTES, ) BOND
Defendant. )
)

COMES NOW, Giannini Cervantes, and moves the Court to modify the Defendant’s
bond by removing the no-contact provision regarding Theresa Cervantes.
In support of this Motion, the said parties show the Court: the affidavit of Theresa
Cervantes, the alleged victim in this matter, wherein Theresa Cervantes requests that the said no­
contact provision be removed.

Gerard A. Piccolo, U16023

Hall County Public Defender
117 East First Street
Grand Island, NE 68801-6022
(308) 385-5016
(308) 385-5029 Fax

Page 20 of 42
 Certificate of Service
I hereby certify that on Wednesday, June 02, 2021 I provided a true and correct copy of the
Motion to Modify to the following:

State of Nebraska represented by Christopher J. Harroun (Bar Number: 26800) service

method: Electronic Service to courtnotices@hallcountyne.gov

Cervantes,Theresa,Lynn, service method: No Service

Cervantes,Giannini, represented by Gerard Piccolo (Bar Number: 16023) service method:

Electronic Service to pubdefcourtnotices@hallcountyne.gov

Signature: /s/ Dorothy Benton (Bar Number: 21834)

Page 21 of 42
 Filed in Hall County Court
*** EFILED ***
Case Number: C08CR210001475
Transaction ID: 0013530660
IN THE COUNTY COURT OF HALL COUNTY, N JFiling Date: 06/02/2021 03:14:17 PM CDT
ASt<7\
IN AND FOR THE NINTH JUDICIAL DISTRICT

STATE OF NEBRASKA, ) CASE NO. CR21 -1475

Plaintiff, )
)
vs. )
) AFFIDAVIT
GIANNINI CERVANTES, )
Defendant. )
)

COMES NOW, Theresa L. Cervantes, and being duly sworn under oath states and
deposes the following:
1. That I am the alleged victim.
2. That a condition of the above-captioned Defendant’s bond is that he have no
contact with myself.
3. That I now desire and request that the said no contact order previously entered
herein be removed. See attached handwritten statement for support.
FURTHER AFFIANT S AITH NOT.

Theresa L. Cervantes, Affiant

SUBSCRIBED AND SWORN to before me ,2021,

NOTARY

Prepared By:
Gerard A. Piccolo, #16023 " A GENERAL MOTAfly-Slate of Nebraska
M DOROTHY D. BENTON
Hall County Public Defender MyComm.Exp.Ap[U3O,2Q2g
117 East First Street
Grand Island, NE 68801-6022
(308)385-5016
(308) 385-5029 Fax

Page 22 of 42
 Certificate of Service
I hereby certify that on Wednesday, June 02, 2021 I provided a true and correct copy of the
Affidavit to the following:

State of Nebraska represented by Christopher J. Harroun (Bar Number: 26800) service

method: Electronic Service to courtnotices@hallcountyne.gov

Cervantes,Theresa,Lynn, service method: No Service

Cervantes,Giannini, represented by Gerard Piccolo (Bar Number: 16023) service method:

Electronic Service to pubdefcourtnotices@hallcountyne.gov

Signature: /s/ Dorothy Benton (Bar Number: 21834)

Page 23 of 42
Image ID: D01062049C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ORDER FOR HEARING

STATE OF NEBRASKA V. GIANNINI CERVANTES

Case ID: CR 21 1475 Page 1

THIS MATTER comes before the Court on 6/03/2021.

The Motion to Modify Bond filed by the Defendant on June 2nd, 2021
will be heard on June 22nd, 2021 at 9:00AM in County Courtroom #3.

Case is set for: Hearing ;Motion to Modify Bond

HALL COUNTY COURT

111 W. 1st, Suite 1
Grand Island, NE 68801-6016

in courtroom 03
on 6/22/2021 2021
at 09:00 AM
Tuesday
09:00 AM

Courtroom 03

Date: June 3, 2021 BY THE COURT: _____________________________________

Hon. John P Rademacher

I, the undersigned, certify that on June 3, 2021, I served a copy of

the foregoing upon the following persons at the addresses given, by mailing by
United States Mail, postage prepaid or E-mail:

Giannini Cervantes Gerard A Piccolo

2323 Bellwood Dr #10 pubdefcourtnotices@hallcountyne.gov
Grand Island, NE 68801

Christopher J Harroun
courtnotices@hallcountyne.gov

Date: June 3, 2021 Signature: _____________________________________

COURT COPY

Page 24 of 42
 Image ID: D01065363C08 Doc No. 1061168

Return to: Hall County Court

Case ID: CR 21 1475
State v. Giannini Cervantes

Received Doc.No. 1061168 a Subpoena

on 6/17/2021 at 03:00 PM.

I hereby certify that on 6/18/2021 at 02:04 PM I served Doc. No. 1061168 a

Subpoena on Theresa L Cervantes
by Personal Service to Theresa L Cervantes
at 2323 Bellwood Dr 10
as required by Nebraska state law.

Service and return $30.00

Mileage
TOTAL $30.00

Comments
2 att.

Date: 6/21/2021 /S/ ELLIS COLLINS

Requested by
Hall County Public Defender Office
117 East First, Suite 2
Grand Island NE 68801

Page 25 of 42
 Image ID: F00033196C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 6/22/2021 at 9:15
DOB: 3/19/1982 Room 08C03
Case ID: CR 21 1475 Page 1
Citation: Date of Hearing 6/22/2021
================================================================================================
CHARGES(AMENDMENTS/PLEAS/FINDINGS/FINES/PRESENTENCE/JAIL/DISMISSALS)
CHARGE STATUTE DESCRIPTION CLASS TYPE

01 28-309 Assault-2nd degree 2A FEL

02 28-1205 Use deadly weapon to commit a felony 2 FEL

03 28-323 Dom asslt-3rd degree 1 MSD

04 28-323 Dom asslt-3rd degree 1 MSD

A P P E A R A N C E S A N D A D V I S E M E N T
Judge John P Rademacher
Defendant GIANNINI CERVANTES in custody
Defense Counsel Piccolo,Gerard,A,
Prosecutor Sarah A Hinrichs
Defendant previously advised of the nature of the above charges, all possible
penalties and rights.

T R I A L / M O T I O N H E A R I N G
Hearing held on: Hearing ,
Motion to Modify Bond
Motion Denied

A D D I T I O N A L E N T R I E S OF R E C O R D
Defendant appears via Webex from the Hall County Department of
Corrections.

Previously scheduled proceedings:

07/20/2021 at 10:30AM for Preliminary Hearing

Court takes Judicial Notice of the affidavit contained in the Motion.

Court takes Judicial Notice of the Probable Cause Statement filed on

May 17th, 2021.

Court notes the objection from the State regarding the removal of the
no contact provision of the bond.

Hon. 6/22/2021 JH
John P Rademacher Date Bailiff

Tape Nos. 06/22/2021

Journal Entry and Order(s) copies to:

Harroun,Christopher,Joseph, courtnotices@hallcountyne.gov

Page 26 of 42
 Image ID: F00033196C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 6/22/2021 at 9:15
DOB: 3/19/1982 Room 08C03
Case ID: CR 21 1475 Page 1
Citation: Date of Hearing 6/22/2021
================================================================================================

Journal Entry and Order(s) copies to:

DEFENDANT
Piccolo,Gerard,A, pubdefcourtnotices@hallcountyne.gov
CORRECTIONS

Page 27 of 42
 JUL 0 9 2021

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HALL. CO COURT

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Page 28 of 42
 M’f) , CLERK MAGISTRATE
HALL CO COURT

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Page 29 of 42
Page 30 of 42
 JUL 0 %/§QSo21

CLERK MAGISTRATE
Ramona Cervantes HALL CO COURT

1100 N. Banning Blvd. Apt. 209

Wilmington, Ca 90744
(310) 986-0061

Honorable Judge

Judge of Hall County Court

Re: Giannini Cervantes (54452 Booking number)

Dear Judge,

My name is Ramona Cervantes. I am writing in behave of my son, Giannini Cervantes. My

son has always been one to help those in need. He is a good Father, son, brother and husband.
His children need him and misses him so much. My son has always been there to support his
family in every aspect. He has always been responsible of his family and household providing
everyday for them. Also he has always been a respectful son to all and he is a good citizen.

Thank you for your time.

Ramona Cervantes

Page 31 of 42
 JUL 0 %/gQSo2i

CLERK magistrate
Ramona Cervantes HALL CO COURT

1100 N. Banning Blvd. Apt. 209

Wilmington, Ca 90744
(310) 986-0061

Honorable Judge

Judge of Hall County Court

Re: Giannini Cervantes (54452 Booking number)

Dear Judge,

My name is Ramona Cervantes. I am writing in behave of my son, Giannini Cervantes. My

son has always been one to help those in need. He is a good Father, son, brother and husband.
His children need him and misses him so much. My son has always been there to support his
family in every aspect. He has always been responsible of his family and household providing
everyday for them. Also he has always been a respectful son to all and he is a good citizen.

Thank you for your time.

Ramona Cervantes

Page 32 of 42
Aimara Ruan '’^^agistrate
co COURT
1013 Mahar Ave.
Wilmington, Ca 90744
(310) 514-6180

Honorable Judge

Judge of Hall County Court

Re: Giannini Cervantes (54452 Booking number)

Case# CR211475

Dear Judge,

My name is Aimara Ruan from California. I am writing on behalf of my brother, Giannini

Cervantes. My brother has been a great human being all of his life. He is a man that loves to
spend time with his family. He has always been the main provider for his family. Giannini loves
to study with his kids and spend quality time with his kids Analissa, Angel and Andre Cervantes.
My brother has always went to work and came home to cook and clean and still found time to
give his kids attention. Overall he's an excellent human being. Unfortunately his children are
feeling the impact of his incarceration because of financial difficulties. You may feel free to
contact me with any questions.

Thanks for your time and consideration.

Sincerely,

AimafaRuan

Page 33 of 42
Image ID:D01068280C08 Page: 1

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

STATE OF NEBRASKA V. GIANNINI CERVANTES

Case ID: CR 21 1475

Recipients:
Gerard A Piccolo pubdefcourtnotices@hallcountyne.gov
Christopher J Harroun courtnotices@hallcountyne.gov

Image ID Date Description

A00592544C08 07/09/21 Letter

Page 34 of 42
July 6, 2021
JUL 12 2021

P, caKMACjiSTRA’E
Your Honor, CO COURT

1 would like to speak to the character of my friend and colleague Giannini (Geo) Cervantes.

I have known Geo for a little over three years. We met through the local Harley Davidson
dealership; he was introduced to me as our new Harley Owners Group (HOG) manager and our
group's dealership liaison. We became instant friends as I found him to be an honest and
enthusiastic person. He took much pride in everything he did for our group.

Over the course of our friendship, I was privileged to observe his interactions with his wife and
children. He is, in my opinion, a fun-loving husband and a very in tune parent to his children;
their interactions were loving and fun. His children seem to really love, look up to, and respect
him.

I also found out over the course of our friendship that he was veteran with tours in the Middle
East. He is very guarded about his service but I did learn he was a decorated servicemen.

My opinion is that Geo is a good man who loves his family and values his friendships and is an
American hero for his service to our country.

Martfn Hinkle

865 E Oliver

Hastings, NE 68901

970-470-1775

Page 35 of 42
July 6, 2021

Your Honor,

My name is Tricia Welton-Hinkle and I would like to take this opportunity to speak to the character of
Giannini "Geo" Cervantes.

I met Geo through the Harley Davidson HOG group in Grand Island, Nebraska roughly three years ago.
Geo was appointed as the HOG Manager and served as the liaison between our group and the Harley
Davidson dealership. During his tenure as HOG Manager, I had the privilege of working with Geo on
fund-raising activities, group ride activities, and dealership sponsored activities. Geo has strong
organizational, marketing, and graphic design skills. He employed all of these skills and was instrumental
in the success of two fundraisers for Make A Wish Foundation, dealership sponsored Veterans rides.
Toys for Tots Charity drives, HOG membership drive, and HOG events and rides.

I know Geo to have a heart of gold. His face lights up when he talks about his wife and children; they are
his greatest asset and love. I have had the privilege of meeting Geo's family and seeing them interact
with each other.

Geo looks to help those who are less fortunate than him. He works to promote noble, admirable causes.
As a decorated veteran he has brought attention and helped to promote veteran related charities and
causes. Geo continues to serve those who have served our country, that is the trait of dedicated man.

I can say in the time that I have known Geo that he is a talented, hardworking, dedicated man devoted
to his family.

Thank you.

Tncia Welton-Hinkle
865 E Oliver
Hastings, NE 68901
402-469-4851

Page 36 of 42
Image ID:D01068591C08 Page: 1

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

STATE OF NEBRASKA V. GIANNINI CERVANTES

Case ID: CR 21 1475

Recipients:
Gerard A Piccolo pubdefcourtnotices@hallcountyne.gov
Christopher J Harroun courtnotices@hallcountyne.gov

Image ID Date Description

A00592516C08 07/12/21 Letter

Page 37 of 42
 Image ID: F00033841C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 7/20/2021 at 11:05
DOB: 3/19/1982 Room 08C03
Case ID: CR 21 1475 Page 1
Citation: Date of Hearing 7/20/2021
================================================================================================
CHARGES(AMENDMENTS/PLEAS/FINDINGS/FINES/PRESENTENCE/JAIL/DISMISSALS)
CHARGE STATUTE DESCRIPTION CLASS TYPE

01 28-309 Assault-2nd degree 2A FEL

Probable cause found. Case bound over to District Court for trial.

02 28-1205 Use deadly weapon to commit a felony 2 FEL

Probable cause found. Case bound over to District Court for trial.

03 28-323 Dom asslt-3rd degree 1 MSD

Charge dismissed on the motion of the prosecutor without prejudice

04 28-323 Dom asslt-3rd degree 1 MSD

Charge dismissed on the motion of the prosecutor without prejudice

A P P E A R A N C E S A N D A D V I S E M E N T
Judge John P Rademacher
Defendant GIANNINI CERVANTES in custody
Defense Counsel Piccolo,Gerard,A,
Prosecutor David R Medlin
Defendant previously advised of the nature of the above charges, all possible
penalties and rights.

T R I A L / M O T I O N H E A R I N G
Charges dismissed as shown above.

P R E L I M I N A R Y H E A R I N G/E X T R A D I T I O N
Preliminary hearing held; dispositions as shown above
Charge(s) dismissed as shown above.

W I T N E S S E S
Witnesses: Theresa L Cervantes CALLED For Defense
Officer Brad Fox CALLED For Plaintiff ****

A D D I T I O N A L E N T R I E S OF R E C O R D
Defendant appears via Webex from the Hall County Department of
Corrections.
District Court Arraignment: Tuesday, August 10th, 2021 at 9:00AM.

Bond is continued.

Hon. 7/20/2021 JH
John P Rademacher Date Bailiff

Tape Nos. 07/20/2021

Page 38 of 42
 Image ID: F00033841C08

IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

ST V. GIANNINI CERVANTES Printed on 7/20/2021 at 11:05
DOB: 3/19/1982 Room 08C03
Case ID: CR 21 1475 Page 1
Citation: Date of Hearing 7/20/2021
================================================================================================

Journal Entry and Order(s) copies to:

Harroun,Christopher,Joseph, courtnotices@hallcountyne.gov
DEFENDANT
Piccolo,Gerard,A, pubdefcourtnotices@hallcountyne.gov
CORRECTIONS

Page 39 of 42
 Filed in Hall County Court
*** EFILED ***
Case Number: C08CR210001475
Transaction ID: 0013869684
IN THE COUNTY COURT OF HALL COUNTY, NF^7DateA07/20/2021 04:29:43 PM CDT
IN AND FOR THE NINTH JUDICIAL DISTRICT

STATE OF NEBRASKA, ) CASE NO. CR21-1475

)
)
vs. )
)
GIANNINI CERVANTES, ) PRAECIPE FOR TRANSCRIPT
Defendant. ) OF PRELIMINARY HEARING
)

TO THE CLERK OF COUNTY COURT:

Please prepare a transcript of the testimony, exhibits and evidence received at the
Preliminary Hearing in the above-entitled matter, on July 20, 2021, and submit it to the
Defendant’s attorney. The Defendant is indigent, represented by the Hall County Public
Defender’s Office and, for this reason, the Defendant would ask that the transcript be furnished at
the State’s cost.
Giannini Cervantes, Defendant

Gerard A. Piccolo, #16023

Hall County Public Defender
117 East First Street
Grand Island, NE 68801-6022
(308) 385-5016
(308) 385-5029 Fax

Page 40 of 42
 IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA

State of Nebraska/City of Grand Island, )

Plaintiff, )
) ORDER ON BOND
vs. )
) Case #
Gicxcn'Ot CxiMosrAeS )
)
Defendant, )

THE COURT FINDS that we have received from each bond the sum
of $ and have applied the same as follows:

FINE: Clerk of the Dist Court:

COSTS: Check #
SHERIFF FEES:
WITNESS FEES:
RESTITUTION:
BREATH TEST FEES:
DRI FEES:
MISC: A006 2387C08
Refunded:CK#

IT IS HEREBY ORDERED that the above bond be disbursed as above set forth.

County

POSTED:

CashSurety VAQCYXZ) 10%OR

No Bond Set Assigned

Other Conditions

District Court Case No. Amount Received

Date

Page 41 of 42
 Page: 1
DATE: 7/23/2021

HALL COUNTY COURT

County Court No. CR 21 1475

State v. Giannini Cervantes

I, Faith Lynaugh, do hereby certify that I have attached to this

certificate the original record of this case; that it is correct and the
complete original record; that I have the legal custody and control of the
original record; that this court is a court of record, has a seal and the
seal is affixed; and that the foregoing attestation is correct, according
to the laws of the State of Nebraska.

I certify costs of 81.00 have been claimed.

Date: July 23, 2021 Signature: /S/ Faith Lynaugh

Page 42 of 42