Beatrice Man Gets Probation for Case Involving Gunshot in Wymore

A Beatrice man was sentenced to three years of probation for a case involving drugs, guns and shots allegedly fired from a vehicle in Wymore.Brentyn A. Swearingen, age 25, appeared in Gage County District Court on October 21, 2023. Rick A. Schreiner was the presiding judge.The defendant was originally charged with two counts of use of a firearm to commit a felony, a class 1C felony punishable by five to 50 years in prison; two counts of terroristic threats, a class 3A felony punishable by up to three years of imprisonment and 18 months post-release supervision; three counts of possession of a controlled substance, a class 4 felony punishable by up to two years in prison and one year of post-release supervision; one count of discharging a firearm from a highway, a class 3 misdemeanor punishable by three months in jail and a $500 fine; two counts of obtaining or possessing a legend drug, also a class 3 misdemeanor; and possession of one ounce or less of marijuana, an infraction.In accordance with a plea agreement, Swearingen pleaded No Contest to one count of terroristic threats and one count of possession of a controlled substance. The remaining charges were dismissed. He was sentenced to 36 months of probation.On March 11, 2023, deputies with the Gage County Sheriff's Office, were dispatched to a residence in Wymore, responding to a report of a disturbance. According to the Probable Cause for Arrest Warrant affidavit, “The reporting party advised that there were two vehicles driving past his house yelling and he heard what he believed were gunshots.”The deputy that filled out the affidavit wrote, “I patrolled Wymore and located two vehicles matching the descriptions at 4th and K Streets. I conducted a traffic stop of both vehicles at 4th and I streets in Wymore.”One of the drivers was identified as Swearingen.According to the affidavit, “Inside the vehicle. I could see numerous open containers of alcohol. While searching the vehicle, I located multiple spent and unspent rounds of .22 caliber ammunition. In the glovebox, I located one Cobra .380 handgun with one round in the chamber and three pill bottles. Inside the pill bottles were a total of five different types of pills. Three of these pills were identified as controlled substances. Alprazolam, Amphetamine Salts and Amphetamine Dextroamphetamine. The other two pills were identified as Atomoxetine Hydrocliloride and Lamotrigine.”The three pill bottles were not prescribed to Swearingen.The affidavit notes, “In the backseat, I located one Ruger .22 rifle that had one round in the chamber. Inside the vehicle, I located two THC vape pens, one THC wax container with wax, one metal bowl with THC wax residue. Upon searching Brentyn, he advised he had wax in his pocket. I located one container of THC wax in his front right pants pocket.”Swearingen requested a lawyer.He was arrested at the scene.

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