Fairbury Man Intends to Fight Constitutionality of Arrest

A Fairbury man with a felony conviction indicated his intention to challenge the constitutionality of his arrest for possession of a firearm. Felons are not entitled to possess firearms under Nebraska law.Cameron D. May, age 54, appeared in Jefferson District County Court on Thursday, June 13, 2024. David J.A. Bargen was the presiding judge. May is charged with possession of a firearm by a prohibited person, a class 1D felony punishable by three to 50 years in prison. On November 15, 2023, at approximately 1:30 p.m., the Jefferson County Sheriff's Office received a tip from an individual who reported May is a convicted felon and was in possession of firearms.According to the Affidavit for Arrest Warrant, the reporting party sent photos in which four different firearms were identified: a Glock 48, a 45 caliber 1911, a 12-gauge pump shotgun, and an AR-15 style rifle. The affidavit indicates deputies were also provided with photographs of “what appeared to be two military-style ammunition boxes next to a piece of mail.” The defendant's name and address were clearly visible on the mail. The warrant was issued Thursday, November 30, 2023. May was arrested on Wednesday, December 6, 2023, at the Jefferson County Courthouse. He was in court that day to fight a speeding ticket and was arrested after the trial. At his arraignment in 2023, May had requested court-appointed counsel and attorney Benjamin Murray was assigned to represent him. Since then, however, May hired another attorney, Dustin Garrison.A court document dated February 29, 2024, indicates, “The Court originally appointed court-appointed counsel (Benjamin Murray) for the Defendant herein based on a finding of indigency after financial inquiry. Subsequently, the Defendant was apparently able to retain counsel of his choice. The County has incurred costs for Mr. Murray's services in the amount of $709.00. The Defendant may be required to reimburse the County for all or part of those fees if he now has the ability to pay same.”Garrison requested the court set a hearing date for pretrial motions, “We would probably need to set a couple of hours.” Garrison said he would be filing, “A motion challenging the constitutionality of the arrest.” The hearing is scheduled for August 1, 2024. May remains free on a $80,000 (10 percent) bond.

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