Appeal of Jake Gonzalez’s Conviction Denied
The Nebraska Supreme Court of Appeals denied the latest appeal by Jake J. Gonzalez, age 22, of Lincoln, for his conviction for his role in the death of a two-year-old child in 2021 on Tuesday, April 14, 2025.
Arrest
Gonzalez was arrested in Fairbury on Friday night, February 26, 2021. According to a statement from the Jefferson County Sheriff’s Office issued shortly after the defendant’s arrest, deputies were called to an apartment building in Fairbury for a welfare check.
Upon arrival, deputies located the two year old child in an apartment closet, unresponsive and showing severe injuries to the torso and head. An ambulance was called at approximately 6:30 p.m.
The child was transported to Jefferson Community Health and Life by County Ambulance District #33. From there the child was flown via helicopter to Children’s Hospital in Omaha, where he later succumbed to his injuries and was pronounced dead.
Conviction
On October 25, 2021, after little more than two hours deliberation, a jury came back with a guilty verdict for Gonzalez in Jefferson County District Court. Vicky Johnson was the presiding judge.
Gonzalez was found guilty of both child abuse resulting in death, a Class 1B felony, which carries a maximum penalty of life in prison, and terroristic threats, a Class 3A felony, which carries a maximum penalty of three years in prison, 18 months post-release supervision and a $10,000 fine.
The jury had the option of finding Gonzalez guilty of manslaughter. The verdict of guilty to the charge of child abuse resulting in death means the jury determined Gonzalez intentionally inflicted the injuries that led to the death of the victim.
Appeal
On February 28, 2024, Gonzalez filed a motion for post-conviction relief. In the motion, the alleged allegations of ineffective assistance of trial counsel and complained that he had insufficient contact with his counsel before and during his trial. On May 31, 2024, the district court denied Gonzalez’ motion for post-conviction relief without an evidentiary hearing.
In his appeal, Gonzalez asserted that the district court erred in denying his motion for post-conviction relief without an evidentiary hearing.
In the Memorandum Opinion and Judgment on Appeal, the court determined, “Upon our review, we agree with the district court that Gonzalez failed to demonstrate any prejudice from his alleged lack of communication with trial counsel. As a part of his claim, Gonzalez does not allege what additional information he would have discussed with counsel had there been more opportunities for communication and how such information would have changed the outcome of the jury trial in any way. Moreover, we find that Gonzalez’ general allegation that trial counsel failed to adequately communicate with him is not a sufficient allegation of deficient performance.”
