Grand Jury - September 2020

United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 10 unsealed Indictments charging 10 defendants. 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.

*          Lindsey L. Bixby, age 42, of Ellsworth, Nebraska, is charged with deprivation of rights under color of law beginning on or about March 4, 2016.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Larry Brye, age 28, of Omaha, is charged in a twelve-count Indictment.  Count I charges the defendant with distribution of fentanyl on May 4, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment.  Count II charges the defendant with distribution of fentanyl on May 8, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment.  Count III charges the defendant with distribution of marijuana on May 8, 2020.  The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.  Count IV charges the defendant with distribution of fentanyl on May13, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment.  Count V charges the defendant with distribution of marijuana on May 13, 2020.  The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.  Count VI charges the defendant with distribution of methamphetamine on June 30, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment.  Count VII charges the defendant with distribution of methamphetamine on August 11, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment.  Count VIII charges the defendant with felon in possession of a firearm on August 19, 2020.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, three-year term of supervised release, and a $100 special assessment.  Count IX charges the defendant with possession with intent to deliver a mixture containing heroin, a mixture containing cocaine, a mixture containing fentanyl, and a mixture containing hydrocodone on August 19, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment.  Count X charges the defendant with possession with intent to deliver a mixture containing marijuana, on August 19, 2020.  The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.  Count XI charges the defendant with possession with intent to deliver a mixture containing alprazolam and tramadol, on August 19, 2020.  The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.  Count XII charges the defendant with possession of a firearm in furtherance of a drug trafficking crime, on August 19, 2020.  The maximum possible penalty if convicted is life imprisonment consecutive to other counts, $250,000 fine, five-year term of supervised release, and a $100 special assessment.       

*          Miguel Escobar Garcia, age 39, is charged with illegal reentry after deportation on or about September 10, 2020.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.

*          Jacob Fay, age 35, of Omaha, is charged in a three-count Indictment.  Count I charges the defendant with a felon in possession of a firearm on or about January 16, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with possession with intent to distribute methamphetamine (mixture) on January 16, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, three-year term of supervised release, and a $100 special assessment.  Count III charges the defendant with using or possessing a firearm during a drug trafficking crime on or about January 16, 2020. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.       

 *         Joseph B. Levering, age 40, of Winnebago, Nebraska, is charged with domestic assault by a habitual offender beginning on or about September 16, 2020.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Miguel Lucas-Bernabe, age 53, is charged with illegal reentry after deportation on or about August 27, 2020.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.

*          Stacey Overly, age 52, is charged in a seven-count Indictment.  Counts I – V charge the defendant with wire fraud beginning on or about April 3, 2012 and continuing through April 3, 2016.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment for each count.  Count VI charges the defendant with conversion of SSI benefits by a representative payee, beginning on or about December 1, 2014, and continuing to on or about May 3, 2016.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  Count VII charges the defendant with theft of government funds, beginning on or about December 1, 2014, and continuing to on or about May 3, 2016.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment   

*          Dajuan Parker, age 22, of Macy, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with burglary in Indian Country on August 19, 2020.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with child abuse in Indian Country on August 19, 2020.  The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, an eighteen-month term of supervised release, and a $100 special assessment.

 *         Victor Tyndall, age 30, of Macy, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with strangulation on June 30, 2020.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with domestic assault resulting in substantial bodily injury on June 30, 2020.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, an eighteen-month term of supervised release, and a $100 special assessment.

*          Jordan R. Whipple, age 26, of Niobrara, Nebraska, is charged with involuntary manslaughter in Indian Country beginning on or about August 16, 2020.  The maximum possible penalty if convicted is 6 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.