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April trial set for driver accused of killing pedestrian

HASTINGS, Neb. (AP) — A trial is scheduled to begin April 1 for a driver accused of killing a pedestrian in Hastings.

Adams County District Court records say the date was set Tuesday after 46-year-old Nen Lam, of Hastings, pleaded not guilty to vehicular homicide while driving under the influence and driving under the influence, two prior convictions.

The accident occurred around 3:40 a.m. on Oct. 14. Police say 27-year-old Anthony Epp was fatally struck as he was either walking or skateboarding on a street. He lived in Hastings.

State shutters Omaha day care after abuse allegations

OMAHA, Neb. (AP) — Nebraska health officials have ordered an Omaha day care closed after the operator was charged this week with child abuse.

The Nebraska Department of Health and Human Services issued the emergency closure Thursday of Catarina Lopez’s in-home day care in south Omaha. That comes after Lopez was charged Tuesday with child abuse resulting in serious injury.

Investigators say a 16-month-old child who attended Lopez’s day care sustained multiple bone breaks in various stages of healing to her shoulders, arm and wrists and had an acute fracture and dislocated left arm. The child’s mother noticed the injury Jan. 20 and contacted police. Police say Lopez acknowledged during an interview that she had forcefully pulled the child up from the floor by an arm, causing the injury.

Nebraska woman sentenced for role in death of Rosalie man

Jenna Merrill
WEST POINT, Neb. (AP) — A northeastern Nebraska woman has been sentenced to two years in prison for her role in the death of a Rosalie man.

The Sioux City Journal reports that 32-year-old Jenna Merrill, of Oakland, Nebraska, was sentenced Thursday after pleading guilty in November to one count of being an accessory. Investigators say she gave false information to authorities investigating the 2017 death of 64-year-old Ernest Warnock, whose body was found in the burned rubble of his home.

Prosecutors say Warnock was stabbed to death after a father and son went to his home to retrieve property belonging to Becky Weitzenkamp and a fight broke out.

The father, Jody Olson, has pleaded guilty to second-degree murder. His son, Derek Olson, is also charged with second-degree murder and other counts.

Weitzenkamp was sentenced in October to 18-20 years on an accessory conviction.

Ricketts pitches military retirement tax plan to lawmakers

LINCOLN, Neb. (AP) — Gov. Pete Ricketts told lawmakers Thursday that his proposed tax break for military retirees was necessary to keep skilled, highly motivated workers in Nebraska.

Ricketts presented the proposal to the Legislature’s Revenue Committee along with dozens of veterans, including some he hired during his time as a TD Ameritrade executive.

The bill would exempt half of the benefits paid to military retirees who stay in Nebraska. It would apply to an estimated 13,000 retirees and cost the state an estimated $16.9 million in lost revenue in its first two years.

Ricketts said he views it as a workforce development bill to address Nebraska’s statewide employee shortage.

“This bill is about retaining those veterans in this state and making sure they contribute to this state going forward,” he said.

Ricketts said several managers he worked with at TD Ameritrade rose quickly through the company’s ranks because of the skills and work ethic they honed while serving at Offutt Air Force Base in Bellevue.

Nebraska already offers a smaller exemption to military retiree but gives them a complicated choice: They can choose between exempting 40 percent of their retirement pay over a 7-year period after their service ends, or 15 percent for the rest of their lives once they turn 67. It also excludes retirees who left the service before January 2015.

Ricketts has said the current law is “clunky” and his proposal would streamline the process and benefit all retirees.

Nebraska is already losing retirees from Offutt Air Force Base to neighboring Iowa, which exempts 100 percent of military benefits from taxation, said Sen. Tom Brewer, of Gordon, who introduced the bill on the governor’s behalf.

Brewer said Kansas also exempts all military retirement income, while neighboring South Dakota and Wyoming don’t impose an income tax. Missouri and Colorado provide greater tax benefits to military retirees than Nebraska currently does.

“This bill takes a substantial step toward solving a serious problem I believe we’ve had in Nebraska for a long time,” said Brewer, a military retiree who spent 36 years in the Army.

Some lawmakers questioned whether the bill would provide enough incentive to keep retirees. Even if the bill passes, Nebraska’s neighboring states would still provide more tax benefits.

“If we give 50 percent, is this going to stop them from going to Iowa?” said Sen. Mike Groene, of North Platte.

Brewer said the benefit could be one of many factors retirees consider when deciding where to move.

Two Nebraska tax-policy think tanks spoke neutrally on the bill, warning lawmakers that the tax break could divert money from other priorities such as broader tax cuts or funding for roads and K-12 public schools.

“Lowering the taxes for military retirees is just part of the equation,” said Sarah Curry, policy director for the Platte Institute.

Renee Fry, executive director of the OpenSky Policy Institute, said lawmakers should be mindful of the need to pay for existing state services.

“We’re concerned that as we continue to give a little bit here to this person and a little bit there to that person, we’ll continue to put those high-quality services in jeopardy,” she said.

Grand jury finds no crime involved in death of jail inmate

OSHKOSH, Neb. (AP) – A grand jury has determined that no crime was committed by anyone in the death of a jail inmate in western Nebraska.

The jury met to investigate the Sept. 18 death of 37-year-old Candy Flood, of Sidney, at the Garden County Jail in Oshkosh. Flood was being housed there for Cheyenne County after being arrested on suspicion of disturbing the peace.

The Sidney Sun-Telegraph reports that the jurors heard testimony from nine witnesses and reviewed 122 exhibits during their Jan. 30 session regarding Flood’s death. State law requires a grand jury investigation when someone dies in custody or being arrested.

The jury report says Flood’s death was caused by heart attack and high blood pressure.

Ice jam causing flooding in eastern Nebraska

COLUMBUS, Neb. (AP) — A lengthy ice jam is causing flooding in part of eastern Nebraska’s Platte County.

The National Weather Service has issued a flood warning for southeastern Platte County, saying flooding is occurring on both sides of the Loup River. The warning runs through Monday morning.

Platte County emergency manager Tim Hofbauer told The Columbus Telegram that the jam is on the Platte River, “but it backs up into the Loup, which is causing the majority of the problems.”

1 driver fatally injured in Merrick County collision

CENTRAL CITY, Neb. (AP) — Authorities say one driver was fatally injured and several other people were hurt in a collision on a state highway in eastern Nebraska’s Merrick County.

The collision occurred around 8:15 a.m. Wednesday on Nebraska Highway 92. The Merrick County Sheriff’s Office says a westbound car crossed the center line and rammed into an oncoming car.

The sheriff’s office says the 64-year-old man driving the westbound car was pronounced dead at Merrick Medical Center in Central City. His passenger and two people in the other car were hospitalized as well.

The names of those involved haven’t been released.

Nebraska senators advance employment leave bill for workers

LINCOLN, Neb. (AP) — Nebraska workers who leave their job to care for a family member with a serious health condition could qualify for unemployment benefits under a bill advanced by lawmakers.

Senators gave the measure first-round approval Thursday with a 29-11 vote.

The proposal by Sen. Sue Crawford, of Bellevue, is aimed at workers who quit their job but are looking for other work that can accommodate their schedule. Workers would first have to make a reasonable effort with their employers to try to keep their jobs.

The Department of Labor says roughly 100 claimants left their jobs in 2018 to care for a family member, and received an average weekly benefit amount of $335. The department predicts it will pay out about $402,000 a year in additional benefits each year.

Nebraska judge to weigh speedy-trial rights in appeal

OMAHA, Neb. (AP) — A Nebraska judge is deciding whether an inmate’s right to a speedy trial was violated as prosecutors scramble to keep him in prison for a 1995 slaying.

A hearing is scheduled Friday in the case of Jack Harris, the Omaha World-Herald reported. Harris was sentenced in 1999 to life in prison for the shooting death of Anthony Jones during a drug robbery.

Harris, 47, sought an appeal after a witness recanted, alleging that police intimidated him into testifying. Judge William Zastera granted Harris a new trial in September 2017. Zastera retired shortly after the decision.

The Nebraska attorney general’s office appealed, arguing that no evidentiary hearing was held. The case has been in limbo for months because no replacement judge was immediately appointed.

Judge Jodi Nelson took over the case in July. Nelson said Harris wasn’t tried within six months of Zastera’s order, in violation of his right to a speedy right. Nelson also criticized the state for failing to take steps to move the case forward.

“The state could have done several things,” Nelson wrote. “It could have asked for another district judge to be appointed, it could have begun preparing to retry Harris. … It could have done all of the above. … Instead the state apparently did nothing.”

The state argues that prosecutors filed a motion to reconsider and an appeal and that the time those motions were pending shouldn’t be counted as part of the speedy trial considerations.

“The Attorney General believes the significant and complicated issues should be reviewed by an appellate court before the defendant’s case is discharged,” Suzanne Gage, spokeswoman for Nebraska Attorney General Doug Peterson, said in a statement.

Douglas County Attorney Don Kleine said the situation is alarming.

“This is a big deal; the defendant was somebody we were very concerned about,” Kleine said. “Now, 20 years later, a judge grants a motion for absolute (dismissal). It’s a very troubling turn of events.”

Man pleads not guilty to fatal Lincoln shooting

Jesse “JJ” Wilson
LINCOLN, Neb. (AP) — A man accused of fatally shooting a Lincoln resident has pleaded not guilty.

Lancaster County District Court records say 32-year-old Jesse “JJ” Wilson entered pleas Wednesday to charges of second-degree murder, theft and two firearms counts. The records don’t show that a trial date has been set.

Prosecutors say he shot 42-year-old Stacy Talbot on Oct. 18 last year as they drove around Lincoln with two other people, 35-year-old Sherry Thomas and 28-year-old James Howard.

Thomas and Howard have been charged with being accessories to murder. Thomas has pleaded not guilty to the accessory charge and to theft. Howard hasn’t entered a plea yet. His attorney, Sandy Pollack, said Thursday that Howard would be pleading not guilty at his arraignment later this month.

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