For The Record

Edward McGinnis Gets Probation

Edward M. McGinnis, 49, of Fairbury, was sentenced to 18 months of probation in Jefferson County District Court on Thursday, April 28. Julie Smith was the presiding judge.
The defendant was originally charged with possession of methamphetamine, a class 4 felony punishable by two years’ incarceration, nine to 12 months of post-release supervision and a $10,000 fine. He is also charged with possession of marijuana with intent to deliver, a class 2A felony punishable by up to 20 years in prison.
McGinnis was arrested on Thursday, August 27, 2020, along with Cynthia Rice, 43, also of Fairbury, while the Jefferson County Sheriff’s Office, the Nebraska State Patrol and other law enforcement agencies were conducting a search for another suspect, Ronald M. John Jr. of Fairbury. The Sheriff’s Office reported that, during the search, Deputies were checking residences of known associates and in doing so developed probable cause to obtain a search warrant. According to the Sheriff’s office, during the service of this search warrant a large quantity of illegal drugs and paraphernalia were located and seized.
In accordance with a plea agreement, both charges were reduced to class 1 misdemeanors. McGinnis pleaded No Contest to both counts. The defendant requested probation.
A PSI (Pre-Sentencing Investigation) was ordered by the court. The defendant was originally scheduled to be sentenced on March 3, 2022. However, according to County Attorney Joseph Casson at that time, the defendant did not participate in the PSI and, as such, recommended a straight sentence.
His attorney, Gregory Kratz, indicated his client had missed a phone call from call from the Probation Office. Kratz also noted that McGinnis has no felony convictions and no prior jail sentences, “I know that he can successfully complete probation.”
Judge Smith told the defendant, “I typically don’t give defendants probation if they don’t do the PSI.”
Then the judge told McGinnis she would give his “one last chance” and would grant a continuance to give him time to participate in the PSI.
After reviewing the PSI, the County Attorney told the court, “It appears the defendant now qualifies for probation.”
Judge Smith concurred and sentenced McGinnis to 18 months for each count. The sentences are to run concurrently.

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