Defendant Found Not Guilty in Criminal Trespass Case But Guilty for Failing to Appear for Court

A bench trial was held for a Fairbury man accused of criminal trespass and failing to appear for court.Cory L. Nutsch, age 34, of Fairbury, appeared in Jefferson County Court on Wednesday, July 3, 2024. Linda Bauer was the presiding judge. Nutsch was charged with first degree criminal trespass, a class 1 misdemeanor punishable by up to one year in jail and a $1,000 fine. An additional charge of failure to appear for court was later added. Nutsch was original arrested on June 7, 2023. He was free on a $3,500 (10 percent) bond but did not appear for a hearing on August 9, 2023. County Attorney Joseph Casson requested the warrant, which was granted by Judge Bauer, and a new bond was set at $3,500 (10 percent). Failure to appear is a class 2 misdemeanor, punishable by up to six months in jail and a $1,000 fine.The county attorney had previously offered to dismiss the criminal trespass charge if Nutsch would plead guilty or no contest to the failure to appear charge. Nutsch rejected the offer and the case was set for trial. The only witness called was one of the deputies that were called to the scene on June 7, 2023. According to the testimony, the owner of a building in Fairbury reported Nutsch was inside without authorization and refused to leave. The witness said the building had no power or water turned on and Nutsch was located in a back bedroom with a flashlight when he was arrested. Proof of ownership of the building was not admitted into evidence and Nutsch's attorney, Public Defender Scott Gropp, argued that law enforcement had not done enough to investigate if there was an agreement between Nutsch and the owner to allow him to be in the building. Judge Bauer agreed there was some ambiguity and found Nutsch not guilty of trespass.Regarding the failure to appear, Casson offered court documents as evidence, showing the defendant was scheduled to appear for court August 9, 2023. Casson noted an arrest warrant was issued for the defendant in August of 2023, but he was not apprehended until March of 2024.Gropp objected to the admission of the evidence as they had not been certified. Court went into recess as the County Attorney took the documents to the clerk for certification. After the documents were certified, they were entered into evidence. Judge Bauer found Nutsch guilty of failing to appear for court and sentenced him to three days in jail, with credit for three days time served. He was also fined 150. Nutsch also has a case pending in Jefferson County District Court. In that case, Nutsch is charged with possession of methamphetamine, a class 4 felony punishable by up to two year in prison, nine to 12 months of post-release supervision and a $10,000 fine. He is also charged with possession of drug paraphernalia, an infraction that carries a $100 fine. On March 20, 2024, a Nebraska state Trooper pulled into a gas station in Fairbury. According to the arrest affidavit, the trooper saw an individual at a pump that he recognized as the defendant. The warrant for Nutsch's failure to appear was active at that time. This was the warrant that was issued for Nutsch's failure to appear in the previous case.Nutsch was arrested. The trooper reported that, during a search of the suspect, he discovered, “a metal straw.” The trooper also noted there was, “a white powder residue within the straw,” and that the results of a field test of the residue was, “consist with (m)ethamphetamine.”

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