In an information filed December 22, 2015, in the district court for Holt County, Vanness was charged with four counts consisting of the following: operating a motor vehicle during a time of suspension, Neb. Rev. Stat. § 60-159
Supp. 2016), a Class III misdemeanor (Count 1); possession of a controlled substance (methamphetamine), Neb. Rev. Stat. § 28-416(3) (Supp. 2015), a Class IV felony (Cou... More...
$0 (06-12-2018 - NE)
State of Nebraska v. Steven J. Hatfield
On an early morning in December 2014, two deputies
with the Gage County Sheriff’s Department stopped Hatfield’s
vehicle after radar detected that it had been speeding. When a
deputy asked Hatfield for his license and registration, Hatfield
was slow to respond and would not make eye contact. Both
deputies detected an odor of alcohol coming from the vehicle,
although ... More... $0 (06-12-2018 - NE)
State of Nebraska v. Sydney L. Thieszen
The facts and circumstances pertaining to Thieszen’s crimes
are set out in greater detail in our decision resolving his
direct appeal.2 In 1987, 14-year-old Thieszen shot and killed
his 12-year-old sister, Sacha L. Thieszen. The State charged
Thieszen with first degree murder and use of a firearm in the
commission of a felony. Pursuant to a plea bargain, Thieszen
pled guilt... More...
$0 (06-05-2018 - NE)
State of Nebraska v. Darwin E. Brown
Nebraska Supreme Court
In each of these three cases, the State filed an information against Brown in the district court for Lancaster County alleging that he committed the crime of driving under the influence (hereinafter DUI) in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 2010). The dates of the charged offenses were July 19, 2015, and January 16 and May 6, 2016. The State also alleged in each information that at ... More...
$0 (05-27-2018 - NE)
State of Nebraska v. James Cotton
On August 7, 2015, Cotton shot and killed Trevor Bare.
During the evening prior to the shooting, Bare saw Cotton in
the apartment immediately above his own. Because Cotton and
Bare had a negative history together, Bare confronted Cotton
and an argument ensued. After the initial altercation, Bare and
his girlfriend, McKayla Burnette, left the apartment house. A
couple of hou... More...
$0 (04-23-2018 - NE)
State of Nebraska v. Ivan K. Henk
In October 2003, Henk was charged with first degree murder,
with aggravating circumstances, for the death of his son,
Brendan Gonzalez, which occurred on or about January 6. He
was initially questioned after his son disappeared, but he did
not make any admissions. At a subsequent hearing on an unrelated
charge, Henk admitted in open court to killing Brendan.
He was then int... More...
$0 (04-13-2018 - NE)
State of Nebraska v. Greg A. Glass
In 1999, Glass was convicted of second degree murder
and use of a firearm to commit a felony. The charges arose
from the July 1998 shooting death of Glass’ former employer,
Adolph Fentress, Sr. Fentress was shot in the head while working
at an automobile detailing shop, Downtown Auto Sales
(Downtown Auto), which he co-owned. The facts for which
we find support in the record... More...
$0 (01-06-2018 - NE)
State of Nebraska v. Dominique Hairston
Nebraska Supreme Court
On July 30, 2015, police officers responded to reports of a shooting in the area of South 33d and Q Streets in Omaha, Nebraska. Police found a dark blue Oldsmobile parked near a convenience store on Q Street. Police learned that shots had been fired into the Oldsmobile from another vehicle that was passing it in an adjacent lane. Four adults and two children had been inside the Oldsmobile at the t... More...
In 2006, Payne was convicted of first degree sexual assault of a child following a jury trial and was sentenced to 30 to 40 years’ imprisonment. His conviction and sentence were affirmed on direct appeal by memorandum opinion. See State v. Payne, case No. A-06-509. In 2012, Payne filed a motion for postconviction relief. The district court denied the motion without an evidentiary hearing, and Payn... More...
Long was charged with intentional child abuse resulting in serious bodily injury and intentional child abuse resulting in death following the death of his 5-week-old son, Grayson Long. At the time of Grayson’s death, Long lived with his fiance, Nicole Craig (Nicole), and Grayson in
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an apartment in Geneva, Nebraska. Nicole was Grayson’s mother. Grayson was Long’s and Nicole’s first ... More...
On January 4, 2016, the State filed an information charging
Robeson with two counts of first degree sexual assault
of a child, in violation of Neb. Rev. Stat. § 28-319.01(1)(b)
(Reissue 2016), each a Class IB felony. On September 22, a
hearing was held. At this hearing, defense counsel informed
the district court that a plea agreement had been reached.
Counsel indicated tha... More...
$0 (11-29-2017 - NE)
STATE OF NEBRASKA v. TIMOTHY E. TRUJILLO
NEBRASKA COURT OF APPEALS
On April 14, 2016, the State filed an information in the district court, charging Trujillo with operating a motor vehicle during a revocation period, second offense, in violation of Neb. Rev. Stat. § 60-6,197.06 (Supp. 2015), a Class IIA felony; operating a motor vehicle to avoid arrest, in violation of Neb. Rev. Stat. § 28-905(3) (Reissue 2016), a Class IV felony; and resisting arrest, second off... More...
$0 (11-29-2017 - NE)
State of Nebraska V. Felipe German Mora
The State charged Mora with four counts of first degree sexual assault of a child and one count of third degree sexual assault of a child. The victim in each count was B.C. Counts I through III alleged that between December 30, 2010, and September 18, 2015, Mora subjected B.C. to sexual penetration in Lincoln, Nebraska. Each count differed only as to the address of the crime: E Street, Theresa Str... More...
$0 (11-14-2017 - NE)
STATE OF NEBRASKA V. LEANGELO COOK
At approximately 2:48 a.m. on April 13, 2014, 911 dispatch received a call from a man named Jeremy who stated that he was being followed by a black SUV and the occupants of the SUV were waving a handgun at him. Jeremy reported that he was driving a green Ford Expedition
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and was northbound on 24th Street. He then provided an update to dispatch that he was westbound at 30th Street an... More...
$0 (06-09-2017 - NE)
State of Nebraska v. Bashir V. Loding
Loding was charged with first degree sexual assault of a
child. The information filed alleged that on or about May 1
through September 17, 2015, Loding, a man at least 19 years
old or older, subjected A.B., a child less than 12 years old, to
1. Evidenc e at Trial
Trial was held in April 2016, at which A.B. testified that she
was born in 2006 and live... More...
$0 (05-16-2017 - NE)
United States of America v. Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, Inc., and AEP Properties, L.L.C.
Federal Courthouse - Lincoln, Nebraska
Lincoln, NE - Lincoln Mother and Son Convicted of Conspiracy to Distribute Misbranded Substances, Drug Paraphernalia, and Related Financial Crimes
Allen E. Peithman, Jr., Sharon A. Elder, and their corporations, Cornerstone Plaza, Inc., and AEP Properties, L.L.C., were each convicted of at least one crime after a three-week-long jury trial. Peithman, his mother, Elder, and their respectiv... More...
$0 (04-18-2017 - NE)
State of Nebraska v. Jack E. Harris
In 1999, Harris was convicted of first degree murder and use of a deadly weapon to commit a felony for the 1995 death of Anthony Jones, an Omaha drug dealer. Jones was found dead in his apartment; he had been shot in the head. Harris’ alleged accomplice was Howard “Homicide” Hicks, whom Harris had met that summer through Corey Bass, a mutual acquaintance.
In case No. S-16-419, the State brought criminal charges against Chacon as a result of events that occurred on July 16, 2015. The State’s information charged that on July 16, Chacon (1) criminally impersonated another person and (2) possessed a controlled substance, methamphetamine.
Case No. S-16-425 arises from events that occurred on December 28, 2015. The State’s information alleged that on... More...
On June 25, 2014, Timothy Marzettie was shot and killed
at his residence in Omaha, Nebraska. Witnesses told police
officers investigating the shooting that the shooting occurred
during a home invasion by two i... More... $0 (03-19-2017 - NE)
Jackson was convicted of first degree murder, attempted first degree murder, and two counts of use ... More... $0 (03-10-2017 - NE)
State of Nebraska v. Adrian Lester
On April 14, 2014, 15-year-old Allee H. sent a text message
to her high school classmate Justice Terpstra (Terpstra), asking
if he would sell her marijuana. Terpstra refused, after which
the text messages between Allee and Terpstra became contentious,
culminating in an agreement to meet at a park in Omaha,
Nebraska, to fight. Both Allee and Terpstra recruited others to
$0 (02-25-2017 - NE)
State of Nebraska v. Marco E. Torres, Jr.,
Torres was involved in drug trafficking in Grand Island,
Nebraska. Through his drug activities, Torres knew a man
known as Billy Packer, who was also involved in drug trafficking.
It was through Packer that Torres met Jose Cross, Gina
Padilla, and Timothy Donohue.
Edward Hall allowed Donohue to live in Hall’s house in a
room on the second floor. Hall also allowed Padilla to... More...
$0 (02-18-2017 - NE)
State of Nebraska v. Jose D. Cerritos-Valdez
On May 25, 2015, Cerritos-Valdez was stopped by law enforcement after the vehicle he was driving crossed over and straddled the centerline for approximately 200 feet. During the traffic stop, a small plastic baggie containing a white powdery substance was found in his wallet. Cerritos-Valdez admitted the substance was cocaine. He smelled of alcohol, admitted to the officer he had been drinking, an... More...
$0 (01-13-2017 - NE)
State of Nebraska v. Juan E. Castaneda
The events underlying Castaneda’s eight convictions and sentences involve three shootings that occurred in three separate locations in Omaha, Nebraska, within an hour. In our opinion on Castaneda’s direct appeal, we set forth the facts of the case in detail.
1 See State v. Castaneda, 287 Neb. 289, 842 N.W.2d 740 (2014).
2 Miller v. Alabama, ___ U.S. ___, 132 S. Ct. 2455, 183 L. Ed. 2d... More...
$0 (01-13-2017 - NE)
State of Nebraska v. Felix Arizola
On June 18, 2014, at approximately 11:46 p.m., Officer Joseph Villamonte of the Lincoln Police Department observed
a vehicle driving westbound in the 3600 block of Adams Street. Villamonte ran the license plate number through the police department’s information system to check for suspension or warrants. The license plate was registered to Arizola, who had been cited while driving the vehicle ... More...
$0 (01-10-2017 - NE)
STATE OF NEBRASKA V. DONTEVOUS D. LOYD
Following jury selection, trial commenced March 15, 2016, and finished the following day. The testimony of witnesses and other evidence received revealed the following. On March 31, 2015, Officers Scott Zymball, Jaime Desautels, and Nathan Buresh, all from the Omaha Police Department, responded to a dispatch received at 4:39 a.m. regarding a burglary
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in progress at a residence on ... More...
$0 (12-07-2016 - NE)
State of Nebraska v. Rosario Betancourt-Garcia
On November 15, 2003, officers of the Madison Police
Department responded to a call and found a young man who
had been bound and gagged. After the young man related that
Betancourt had kidnapped him, the Madison Police Department
conducted an immediate search for Betancourt, but did not
On November 17, 2003, the Madison County Court issued
warrants for the arr... More...
$0 (12-07-2016 - NE)
State of Nebraska v. Todd A. Wagner
State of Nebraska v. Brandon B. Rohde
In case No. S-16-065, Brandon B. Rohde pled no contest
to the refusal of a chemical test, with three prior convictions,
under §§ 60-6,197 and 60-6,197.03(8), in relation to acts
committed on April 13, 2015. In case No. S-15-788, Todd A.
Wagner pled no contest to refusal of a chemical test, with three
prior convictions, under §§ 60-6,197 and 60-6,197.03(8), in
relation to ac... More...
$0 (12-07-2016 - NE)
State of Nebraska v. Larry G. Martinez
Martinez was romantically involved with the victim, Mandy Kershman. The record shows that this relationship was tumultuous, with the couple fighting often. About a week prior to the murder, Martinez told one of his roommates that he was “going to kill that fucking bitch,” referring to Kershman. On July 18, 2012, at approximately 4:50 p.m., Kershman was shot and killed while sitting on the couch at... More...
$0 (10-23-2016 - NE)
State of Nebraska v. Cyrus H. Kantaras
Kantaras was originally charged with distribution of
a controlled substance in a school zone, in violation of
§ 28-416(4)(a)(ii), a Class II felony. On September 22, 2015,
the charge was amended to one count of distribution of a controlled
substance, marijuana, in violation of § 28-416(1)(a), a
Class III felony.
2. Plea Agreement
On September 22, 2015, Kantaras pled no ... More...
$0 (10-11-2016 - NE)
State of Nebraska v. Jason J. Boche
On December 1, 2014, Boche was charged with first degree
sexual assault in the district court for Madison County. The
information alleged he subjected another to sexual penetration
without consent on or about January 1, 2005, through
December 31, 2008. Boche was a juvenile at the time the
alleged acts occurred, but had reached the age of majority by
the time charges were fi... More...
$0 (10-11-2016 - NE)
State of Nebraska v. Travis T. Mitchell
On June 6, 2014, after a vehicular pursuit in Lincoln,
Nebraska, police apprehended Mitchell in front of his residence.
The State charged Mitchell with DUI with refusal to
submit to a chemical test and with driving during revocation,
and the district court conducted a jury trial. Mitchell elected
not to testify.
Three different officers observed Mitchell’s driving beforeMore...
$0 (09-23-2016 - NE)
State of Nebraska v. Douglas Rothenberger
Just after midnight on June 19, 2013, a motorist called the
911 emergency dispatch service to report that a vehicle traveling
on Highway 92 near Scottsbluff, Nebraska, was swerving
from one edge of the highway to the other and fluctuating
between 20 and 60 m.p.h. The motorist followed the vehicle
until Deputy Sheriff Jared Shepard arrived.
Shepard followed the vehicle and s... More...
$0 (09-23-2016 - NE)
State of Nebraska v. Raymond Frank Gonzales, Jr.,
On Sunday, December 15, 2013, Bonnie died at her trailer in the Atokad Trailer Park in South Sioux City, Nebraska,
of multiple gunshot wounds. Bonnie was shot 16 times with 9-mm bullets that came from the same firearm. The firearm was never found. In connection with Bonnie’s death, Gonzales was convicted of murder in the first degree and use of a firearm to commit a felony. He was sentenced to... More...
$0 (09-08-2016 - NE)
State of Nebraska v. Tracy N. Parnell
On October 30, 2012, at around 8:14 p.m., Eriana Carr and Nakia Johnson were shot outside of Carr’s residence in Omaha, Nebraska. Carr was shot twice and died from her injuries. Johnson was shot 11 times and survived. Johnson told investigators that the shots came from “a blue Nissan Altima with a messed up front bumper.” She did not see the shooter.
During a pretrial hearing, Jo... More...
$0 (09-01-2016 - NE)
State of Nebraska v. Manuel A. Aguallo
On March 4, 2015, the State filed an information charging Aguallo with sexual assault of a child, third degree, in violation of Neb. Rev. Stat. § 28-320.01 (Reissue 2008). The offense was alleged to have occurred on or about January 25, 2015. He entered a plea of no contest on July 17. On September 9, he was sentenced to a prison term of 59 to 60 months.
At sentencing, the district court consi... More...
$0 (07-17-2016 - NE)
Burton P. Lingenfelter v. Lower Elkhorn Natural Resources District
Burton P. Lingenfelter farms in Pierce County, Nebraska.
He owns and operates Dunaway Farm and three other parcels
of land in its immediate vicinity, one of which is called
Rehfeld Farm. Dunaway Farm and Rehfeld Farm are located
within the jurisdiction of the Lower Elkhorn Natural Resources
The District’s rules contain restrictions on ground water
$0 (07-10-2016 - NE)
State of Nebraska v. Joseph D. Senn, Jr.
0n October 4, 2014, Senn drove a U-Haul truck to the
home of Buckley Auxier with the purpose of assisting Natalie
Auxier in removing some of her possessions from the home.
At that time, Natalie and Buckley were involved in divorce
proceedings. Buckley is a farmer, and his farmhand Shaun
Robertson was also present at Buckley’s home during the incident
and testified in court.... More...
$0 (07-06-2016 - NE)
State of Nebraska v. Keenon A. Robertson
After a jury trial, Robertson was convicted of one count of discharging a firearm at an inhabited house, occupied building, or occupied vehicle and one count of use of a weapon to commit a felony. He was sentenced to a total of 25 to 60 years’ imprisonment.
Robertson filed a direct appeal and was appointed different counsel. The Nebraska Court of Appeals affirmed his convictions and sentences.... More...