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1 Dead, 1 in Hospital After Carbon Monoxide Poisoning in Omaha

carbon-monoxideOMAHA, Neb. (AP) — An Omaha man was found dead and his sister was hospitalized after Omaha firefighters responded to a report of carbon monoxide poisoning.

The Douglas County Sheriff’s Department says 74-year-old Terry Hart was found dead in an Omaha home Friday afternoon and his sister, 72-year-old Joyce Porter, was found in critical condition in the basement. She was taken to the Nebraska Medical Center.

Investigators say a car was accidentally left running in the garage overnight. Hart was found in the bedroom above the garage.

Relatives called 911 around 2:20 p.m. Friday after Hart and Porter didn’t show up to meet family members for lunch.

An autopsy is scheduled for Saturday.

Man Dies After Being Shot by Omaha Officer

officer-involved-shootingOMAHA, Neb. (AP) — Omaha police say a 33-year-old man shot by an officer during a standoff has died in a hospital.

The Omaha Police Department says the man was a suspect in a vehicle theft and that he barricaded himself inside an apartment sometime after 4:50 p.m. on Thursday when the vehicle was spotted in south-central Omaha. Officers soon surrounded the apartment building.

The department says shots rang out around 7:15 p.m., and the man was struck. No officers were hit.

Police identified the man as William Adams.

Police have not said whether Adams or the officer fired first or whether more than one officer fired. The investigation is continuing, and the department says more information is expected to be released later Friday.

Nebraska Court Reverses Ruling in Sexual Assault Case

ne-supreme-courtLINCOLN, Neb. (AP) — The Nebraska Supreme Court has overturned a ruling that granted a Lincoln man a new trial on charges of sexual assault and kidnapping.

The court ruled Friday against 29-year-old Frederick McSwine, whose conviction was reversed by an appeals court last year.

McSwine was sentenced to 57 to 85 years in prison for allegedly forcing a woman from her apartment at knifepoint and raping her in October 2012. The conviction was reversed in March after the state appeals court found that the Lancaster County prosecutor handling the case knowingly provided false information to the jury.

The Nebraska Supreme Court reversed the appeals court decision, concluding that the jury was not misled by the prosecutor’s statements. The case will return to the Nebraska Court of Appeals for further review.

Fire Officials: Omaha Man Died After Apartment Fire

OMAHA-FIRE-AND-RESCUE-BADGEOMAHA, Neb. (AP) — Authorities say a man has died after a fire that damaged an apartment in northeast Omaha.

The fire was reported around 6:20 p.m. Thursday. An Omaha Fire Department news release says the man was found inside the apartment and taken to Nebraska Medical Center, where he was pronounced dead.

The department says the man’s death and the fire cause are being investigated. His name hasn’t been released.

Firefighters found the blaze in the living room coat closet and confined it there.

Volunteers Counting Omaha Homeless Who Don’t Come In from the Cold

homelessOMAHA, Neb. (AP) — Volunteers have fanned across the Omaha metropolitan area to count homeless people who were taking shelter on the streets instead of in a nonprofit facility.

About 50 volunteers went out Thursday night in Douglas and Sarpy County in Nebraska and in Pottawattamie County across the Missouri River in Iowa. Officials say the yearly count of homeless people in and out of shelters is required for federal assistance and must occur during the last 10 days of January.

Figures from Thursday night’s count aren’t available yet, but the tally last year was nearly 1,500, with all but 44 of those staying in a shelter.

Dept. of Justice Announces Indictments of Major Omaha Gang Members

gang-crackdown
UPDATE (1/29/16 4:25 p.m.)
United States Attorney for the District of Nebraska Deborah R. Gilg is has announced that gang-member Brandon Heard, the sole remaining fugitive from theRICO indictments, has been taken into custody.
She would like to thank the public for their valuable assistance in the capture of Heard.
 ______________________________________________________________________
United States Attorney for the District of Nebraska Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned a 15 count indictment under the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act, of six individuals of the 40th Ave and 44th Ave Crips.
This was a three year long federal and local investigation impacting gun and gang violence coupled with witness intimidation in Northeast Omaha
The individuals indicted, and others, were engaged in criminal activity including, but not limited to drug distribution, witness tampering, and acts of violence involving assault, murder and attempted murder.  Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
This investigation was spearheaded by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Omaha Police Department.  The United States Attorney’s office will be assisted in the prosecution by trial attorneys from the U.S. Department of Justice, Organized Crime and Gang Section of the Criminal Division.  All individuals are from Omaha.
Jerell Haynie, a.k.a. “Bootie,” a.k.a. “T”
Male, Age 32
Greg Bahati, a.k.a. “Pooh Bear,” a.k.a. “Murk 2x”
Male, Age 21
Dionte Dortch, a.k.a. “Killa Tay,”
Male, Age 22
Kendell Tealer
Male, Age 28
Brandon Heard, a.k.a. “B”
Male, Age 25
Julio Arias, a.k.a. “Rudy”
Male, Age 24
 
Count 1:  (Lead charge) RICO Conspiracy, 18 U.S.C. § 1962(d), All Defendants are charged in
Count 1.
Penalties for Haynie, Bahati, Dortch, Heard and Arias: 0-20 years, $250,000, TSR 3 yrs., $100 SA
Penalties for Tealer: Death, NLT Life; $250,000, TSR 5 yrs., $100 SA
Count 2:  Attempted Murder in-aid-of Racketeering, 18 U.S.C. § 1959(a)(5), defendant is Haynie.
Penalties: 0-10 yrs., $250,000, TSR 3 yrs., $100 SA
Count 3:  Attempt to Commit Assault with a Dangerous Weapon in-aid-of Racketeering, 18 U.S.C. § 1959(a)(6), defendant is Haynie
Penalties: 0-3 yrs., $250,000, TSR 1 year, $100 SA
Count 4:  Discharge a Firearm During a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(ii) & 924(c)(1)(A)(iii), defendant is Haynie
Penalties: 10 yrs. to Life, $250,000, TSR 5 yrs., $100 SA
Count 5:  Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SA
Count 6:  Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SA
Count 7:  Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SA
Count 8:  Threats in Aid of Racketeering, 18 U.S.C. § 1959(a)(4), defendant is Bahati
Penalties: 0-5 yrs., $250,000, TSR 3 yrs., $100 SA
Count 9:  Brandishing a Firearm During a Crime of Violence, 18 U.S.C. § 924(c)(1)(A)(ii), defendant is Bahati
Penalties: 7 yrs. to Life, $250,000, TSR 5 yrs., $100 SA
Count 10:  Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2), defendant is Dortch
Penalties: 0-10 yrs., $250,000, TSR 3 yrs., $100 SA
Count 11:  Witness Tampering, 18 U.S.C. §§ 1512(b)(1), 1512(b)(2)(A) & 1512(b)(3), defendant is Dortch
Penalties: 0-20 years, $250,000, TSR 3 yrs., $100 SA
Count 12:  Attempted Obstruction of Justice, 18 U.S.C. § 1512(c)(2) defendant is Dortch
Penalties: 0-20 years, $250,000, TSR 3 yrs., $100 SA
Count 13:  Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SA
Count 14:  Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SA
Count 15:  Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SA
U.S. Attorney Gilg stated: “These gangs formed a criminal enterprise with the sole objective of drug trafficking and protecting their turf by violence including shootings, murder and attempted murder.  The use of the RICO tool in the indictment is a warning to other gangs involved in similar conduct that law enforcement will use every method available to interrupt and terminate the cycle of violence and fear perpetuated by these gangs.  The witnesses in these cases are courageous and are to be commended for their willingness to stand up and present evidence to the grand jury.”

Omaha Business Owner Sentenced in Health Care Fraud Case

gavel-and-scaleOMAHA, Neb. (AP) — The owner of an Omaha medical equipment company has been sentenced after being charged with health care fraud in November 2014.

Judge John M. Gerrard sentenced 61-year-old Clement Akara to five months in prison, five months of house arrest and three years of supervised release. He was also ordered to complete 100 hours of community service and pay nearly $66,000 in restitution to the Nebraska Department of Health & Human Services, Medicaid Division.

Akara pleaded guilty to submitting false claims to Nebraska Medicaid for durable medical equipment, primarily nebulizers and nebulizer supplies, which he had not actually provided to anyone. He submitted 76 false claims for payment through his business, Statewide Medical Equipment, between November 2004 and August 2010.

Pedestrian Killed in South Sioux City Accident

car-pedestrian-accidentSOUTH SIOUX CITY, Neb. (AP) — Authorities say a 73-year-old man died after he was struck by a sport utility vehicle in South Sioux City.

The accident occurred around 7:05 a.m. Thursday. Authorities say the man was walking in the northbound lane of Atokad Drive when he was hit.

The man was pronounced dead at the scene. He was identified as Pablito Perea-Ybarra. The SUV driver’s name hasn’t been released.

The accident is being investigated.

Appeals Court Says Nebraska Search Did Not Violate Rights

ne-court-of-appealsOMAHA, Neb. (AP) — A federal appeals court has found that an Omaha police officer did not violate a Pennsylvania man’s constitutional rights by detaining him after the man was given a warning, then searching his truck.

The ruling Wednesday by the 8th U.S. Circuit Court of Appeals reversed the ruling last year of a lower court that threw out the search of Brent Englehart’s truck.

The lower court pointed to a 2015 U.S. Supreme Court ruling in another Nebraska case that said traffic stops cannot be extended to seek evidence of unrelated crimes, even if only for a few minutes.

But the appeals panel said the officer rightly based the search on an 8th Circuit precedent that says detaining a person for less than 10 minutes — even without probable cause — does not amount to unreasonable seizure.

Nebraskan Who Wanted to Take Squad Car for Joyride Sentenced

Kristopher Koebel
Kristopher Koebel

LINCOLN, Neb. (AP) — A 32-year-old man who wanted to take a Lincoln police cruiser for a joyride has been sentenced for burglary and other crimes.

At a Thursday hearing, Kristopher Koebel was given five to seven years in prison.

Police say Koebel broke into a vehicle business on June 12 and stole a car and soon broke into a store. Then he was spotted inside a cruiser parked outside a police substation. Police say he asked an off-duty sergeant for the cruiser’s key and then raced away in the other car when the officer refused to provide the cruiser’s key.

Koebel later told officers he wanted to steal the cruiser “and have fun driving it around.”

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