Fairbury Man Waives Trial, Gets 15 Days for Trespass

A Fairbury man who vowed to fight a charge of criminal trespass and criminal mischief instead accepted a plea deal the day of trial. Jody W. Duke, age 42, of Fairbury appeared in Jefferson County Court on Wednesday, May 21, 2025. Linda Bauer was the presiding judge.Duke was arrested on Tuesday, March 4. Both trespass and criminal mischief are class 3 misdemeanors punishable by up to three months in jail and a $500 fine.Deputies with the Jefferson County Sheriff's office were dispatched to a residence in Fairbury at approximately 9:35 p.m. According to the the deputy that filled out the arrest affidavit, the window and screen door of a trailer parked behind the residence had been “kicked in” and “the door was jammed shut.” The deputy also reported, “There was a strong odor of alcoholic beverage emanating form the trailer.Duke had previously been trespassed from that address on February 26 of this year.The defendant had pleaded not guilty and, at a prior hearing on March 5, told the court, “I plan on fighting this case.” A trial was scheduled for May 21 at 1:00 p.m., but negotiations continued in the hall outside of the courtroom until approximately 1:20 p.m., when Duke's attorney, Public Defender Scott Gropp, entered the courtroom and advised the court his client had accepted an offer from the prosecution.Duke pleaded no contest to criminal trespass. The criminal mischief charge was dismissed. County Attorney Joseph Casson also agreed to recommend a short jail sentence rather than the maximum.Judge Bauer sentenced Duke to 15 days in jail.“I give you credit for accepting responsibility, which you always do,” said the judge. “I just wish you would quit drinking.” Duke has a string of prior arrests and convictions in Jefferson County, including charges of violating the Sex Offender Registry Act. Duke is subject to the Nebraska Sex Offender Registration Act as a 15-year offender.

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