Devon Kagy Appears in Court

Devon R. Kagy, 28, of Fairbury, appeared in Jefferson County Court on Wednesday, May 11, three weeks after a warrant was issued for his arrest for failing to appear in court. Linda Bauer was the presiding judge.Kagy was scheduled to appear for a preliminary hearing on Wednesday, April 20. When he did not appear, Judge Bauer issued a warrant for his arrest.Kagy is facing felony charges in both Jefferson County Gage Counties, stemming from accusations of multiple violations of a protection order. Because the charges are felonies, the defendant has the right to a preliminary hearing to determine that sufficient evidence exists to transfer the case to District Court, where felonies are adjudicated.The defendant had been free on a $10,000 (10 percent) bond in Jefferson County when he failed to appear for court.The defendant is represented by Public Defender Scott Gropp for his Jefferson County charges. Gropp indicated his client had overslept the day of the hearing and, after the warrant was issued, had turned himself in to authorities.Gropp indicated his client was willing to waive the preliminary hearing and the case was bound over the District Court.Gage CountyKagy was arraigned in Gage County Court on February 11, 2022. Jeffrey A. Gaertig was the presiding judge. Kagy is charged with two counts of violating a protection order, a class 4 felony punishable by up to two years in prison, 12 months of post-release supervision and a $10,000 fine; and terrorist threats, a class 3A felony, punishable by up to three years in prison, 18 months of post-release supervision and a $10,000 fine.On February 17, Kagy was released on a $100,000 (10 percent) bond.Because the charges are felonies, the defendant has the right to a preliminary hearing to determine that sufficient evidence exists to transfer the case to District Court, where felonies are adjudicated. A preliminary hearing was held on Tuesday, March 8. On March 23, Judge Gaertig ruled there was sufficient evidence and the case was bound over to Gage County District Court.Kagy is represented in Gage County by attorney Lee Timan.Jefferson CountyIn Jefferson County, Kagy is charged with two counts of manufacture, delivery or intent to distribute a controlled substance (marijuana and psilocybin), both class 2A felonies punishable by one to 50 years in prison; and possession of a deadly weapon by a prohibited person.ArrestThe Jefferson County Sheriff's Office served a search warrant at a residence on the 1100 block of B Street in Fairbury Thursday morning, February 10, 2022, and one suspect, Kagy, was arrested.The Sheriff’s Office was contacted by the Beatrice Police Department about an incident that occurredin Beatrice the prior evening involving Devon Kagy. On the morning of February 10, the BPD obtained an arrest warrant for Kagy.During the execution of that warrant, Jefferson County deputies reported locating two machetes and two knives, all with a blade of longer than three and a half inches. As the subject of a protection order, Kagy is not legally allowed to possess such weapon.According to a press release from the Sheriff's Office, “Numerous controlled substances were found within the residence to include: Methamphetamine, Marijuana, THC edibles, THC wax, a large amount of Psilocybin Mushrooms, and numerous paraphernalia and distribution items.”Criminal HistoryThis is not Kagy's first run in with the law. In 2019, he pleaded No Contest in Gage County Court to violating a protection order, a class 1 misdemeanor; receipt of stolen property with a value of less than $500 and failure to appear for court while out on bail, both class 2 misdemeanors. He was sentenced to 180 days in jail.On January 6, 2018, was arrested in Gage County for flight to avoid arrest. He pleaded No Contest and was sentenced to 30 days in jail and his driver's license was revoked for one year.In 2016, Kagy pleaded No Contest to shoplifting, a class 2 misdemeanor; contributing to the delinquency of a minor, a class 1 misdemeanor; and failure to appear for court, a class 3 misdemeanor. He was sentenced to 60 days in jail.

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