Attorney Withdraws from Case Involving Death of Five-Year-Old

The attorney for the suspect in the death of a five-year-old boy has withdrawn from the case.Timothy Lee Erks, age 30, of Liberty, appeared in gage County District Court on Wednesday, September 17, 2025. Rick A. Schreiner was the presiding judge.His attorney, James Scarff, filed a motion the day before to withdraw as counsel. In the written motion, he cited “a breakdown in attorney/client communication.” In court, Scarff indicated his legal fees had not been paid. As a result of the attorney’s withdrawal, arraignment has been postponed until October 1.Erks is charged with intentional child abuse resulting in death, a class 1B felony punishable by a minimum of 20 years and up to life in prison. He is also charged with two additional counts of intentional child abuse not resulting in injury, each a class 3A felony punishable by up to three years in prison, nine to 18 months of post-release supervision.Erks is currently on the Nebraska Sex Offender Registry as a 15-year registrant. He was convicted of third-degree sexual assault in Gage County on August 21, 2014, and sentenced to one year in jail.In 2016, Erks was charged with violating the Sex Offender Registry Act by failing to report a change of address as required. He pleaded guilty to a reduced charge of obstructing government operations and was sentenced to 12 months of probation. In 2018, he was charged with two more counts of violating the Sex Offender Registry Act. Again, he pleaded guilty to obstructing government operations for each count and was sentenced to 24 months of probation. Bond was originally set at $1 million (10 percent). That was changed to a no-bond hold after the boy died. Erks remains in custody. Also charged is Erks’ fiancée and the mother of the victim, Heather Lorraine Peterson, age 30, also of Liberty. She is charged with negligent child abuse resulting in death, a class 2A felony punishable by up to 20 years in prison; negligent child abuse, a class 12 misdemeanor punishable by up to one year in jail and a $1,000 fine; and two counts of failure to report child abuse, a class 3 misdemeanor punishable by to three months in jail and a $500 fine for each count.Peterson is being held on a $25,000 (10 percent) bond. On Wednesday, submitted a request for a bond review. Both defendants remain in custody as of press time.

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