Defendant in Criminal Trespass Case Undecided on Plea Offer

A Fairbury man was offered a plea deal in one of his cases, while the other was bound over to District Court.Cory L. Nutsch, age 34, of Fairbury, appeared in Jefferson County Court for two cases on Wednesday, June 5, 2024. Linda Bauer was the presiding judge. In the first case, 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 offered to dismiss the criminal trespass charge if Nutsch would plead guilty or no contest to the failure to appear charge. Judge Bauer advised the defendant, “I typically fine on a failure to appear.”“Could I have a week to think about it?” Nutsch asked the court, but then appeared angry when the judge continued his case until June 17. In the other case, Nutsch is charged with possession of methamphetamine, a class 4 felony punishable by up to two years 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. 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.” Because the charge is a felony, Nutsch is entitled to a preliminary hearing to determine if there is enough evidence that a felony was committed. When the preliminary hearing began, Nutsch said, “I didn't know we were at the starting line.”Judge Bauer said, “This is not a trial.” The state called only one witness, the state trooper that arrested Nutsch. At the end of the hearing, Judge Bauer concluded there was sufficient evidence and bound the case over to district court. The next hearing for that case is set for July 11.

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