Jody Duke Reaches Plea Deal In Four Cases

Jody W. Duke, 40, of Fairbury appeared in Jefferson County Court on Wednesday, September 8, 2021, in the custody of the Jefferson County Sheriff's office. His attorney, Gregory Kratz, advised the court that a plea agreement had been reached that encompassed four pending cases. Linda Bauer was the presiding judge.First case: Duke was charged with violating the Sex Offender Registry Act, a class 3A felony subject to a penalty of three years in prison and a $10,000 fine. The defendant is required to register with the Nebraska Sex Offender Registry within three days of changing residences or employment. Duke was required to register as a sex offender after he was convicted of attempted third degree sexual assault of a child and third degree sexual assault on April 18, 2013.The State agreed to dismiss this charge, pending completion of the plea agreement.Second case: Duke is charged with second degree criminal trespass, which is a class 3 misdemeanor punishable by thee months in jail and a $500 fine.Deputies responded to a call shortly after midnight on July 9, 2021, indicating that Duke was trespassing at a residence in Fairbury. According to the Warrantless Arrest Affidavit, the defendant had been warned by Deputies to stay away from the property the prior day. Duke was arrested at the scene.Duke pleaded No Contest to the charge.Third case: Duke is charged with third degree assault, which is a class 1 misdemeanor punishable by one year in jail and a $1,000 fine.Jefferson County Deputies were dispatched to the same residence on June 20 of this year at approximately 1:13 p.m. in response to a report of an assault. Duke was arrested at approximately 1:40 p.m. that day.Duke pleaded No Contest.Fourth case: Duke is charged with first degree criminal trespass, a class 1 misdemeanor.On July 26 of this year, at approximately 2:15 p.m., Jefferson County Deputies were dispatched to a residence in Fairbury after a citizen reported being informed by another individual that, according to the Warrantless Arrest Affidavit, “Jody Duke had broken into her home and would not leave.”The Affidavit indicates deputies made contact with Duke, not at the address but at a nearby location, and advised him not to return. At 3:22 p.m. that same day, the Sheriff's office received another call that Duke was at the same residence.Deputies made contact with Duke once again and, according to the Affidavit, “Duke smelt of alcohol, was staggering, swaying back and forth when standing and his speech was slurred.”Duke was then placed into custody.Duke pleaded No Contest to this charge as well.Felonies are heard in the district court. Because the lone felony charge was dismissed as part of the plea agreement, Duke's cases remain in county court.Judge Bauer ordered an update letter from the probation office. Sentencing is scheduled for October 6.A bond is set at $10,000 (10 percent). Duke remains in custody as of press time. The defendant had indicated to the court that he was unable to pay the bonds for his various charges. At a previous hearing, Judge Bauer told Duke, “I'm not willing to reduce the bond today, based on your previous record, the fact that you have three other pending cases before this court at this time, you were on probation at the time of this offense.”Prior Criminal HistoryDuke has a string of prior arrests and convictions in Jefferson County. The defendant was arrested for criminal trespass on Wednesday, November 25, 2020, while free on bond on another case.Duke was arraigned November 18, 2020, in Jefferson County Court on a count of violating the Sex Offender Registry Act.On Tuesday, November 3, 2020, at approximately 11:29 p.m., Jefferson County Sheriff's Deputies were dispatched to remove a party from a residence in Fairbury. The party was Duke, who informed deputies that he had moved out of the room where he had been staying, which had been paid for by Blue Valley Community Action. According to the Sheriff's Office, Duke had checked out that same day.Deputies were called to remove Duke from the same residence again on November 4, 2020, at approximately 10:29 p.m. Deputies warned Duke not to return. Dispatch was called and informed Duke was again at the residence on November 9, 2020.Duke was arrested on November 9, 2020, at approximately 10:16 p.m.In accordance with the plea agreement, Duke pleaded no Contest to the charge of criminal trespass. The charge of violating the Sex Offender Registry Act is dismissed.Duke was previously charged with violating the Sex Offender Registry Act in September of 2019 as well as obstructing government operations, a class 1 misdemeanor that carries a possible penalty of up to one year in jail and a $1,000 fine. In accordance with a plea agreement, the defendant pleaded No Contest to obstruction and the remaining charge was dismissed. He was sentenced to one year.He was also arrested on Tuesday, January 1, 2019, and was sentenced to 180 days in jail for a charge of assault by mutual consent, a class 2 misdemeanor. The defendant was intoxicated at the time of his arrest. His blood alcohol level was 0.4. He has prior convictions for domestic assault on Feb. 8 and Feb. 16, 2017.

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