Gun Found Behind Refrigerator Leads to Felony Charges

A preliminary hearing was held in Jefferson County Court on Wednesday, August 30, 2023, to determine if sufficient evidence existed to charge a Fairbury man with a felony. Linda Bauer was the presiding judge.David Loren Ebke, 61, of Fairbury, is charged with possession of a firearm by a prohibited person, a class 1D felony, which carries a mandatory three-year minimum and 50-year maximum prison sentence. He is also charged with possession of a controlled substance, a class 4 felony, and possession of drug paraphernalia, an infraction.At approximately 11:40 a.m., on November 16, 2022, deputies with the sheriff's office were asked to assist the Probation Office with a search of Ebke's place of residence. According to the deputy that filled out the arrest affidavit, “I was told that probation was doing a search of David Ebke's place of residence and David was not being cooperative.”Allowing the search of a home by probation officers is a term of probation. The affidavit notes, “They (probation officers) advised they needed us to watch David as they searched his place. They also advised that they saw David throw something behind the refrigerator while they were waiting for us to arrive. During the search by probation officers, they moved the refrigerator out and found a black case behind it. Inside this case was a loaded, silver .22 magnum caliber derringer. I unloaded the weapon and then had dispatch run the serial number to make sure it was not stolen. I also checked to see if David Ebke was a felon and prohibited from having a firearm. Dispatch informed me that David Ebke was a felon and was prohibited from having dangerous weapons. While probation searched the bedroom they found a mirror with a white residue on it. I field tested this substance and got a positive test result for methamphetamine. A box of 22 caliber shells was also found in David's bedroom along with items of drug paraphernalia and a small plastic wrapped green substance. This field tested positive for marijuana. I then placed David Ebke under arrest and he was transported to the Jefferson County Jail.”The rules of evidence are different for a preliminary hearing than for a trial. Upon hearing testimony of the sole witness, one of the deputies that participated in the search of Ebke's residence, Judge Bauer found there was sufficient evidence that a felony had been committed and the case was bound over to District Court, where felonies are heard.Arraignment in District Court is scheduled for October 5, 2023.

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