Judge Denies Lower Bond for Suspect Facing Life in Prison

A Fairbury man charged with a felony that carries a possible life sentence was arraigned in Jefferson County District Court on Thursday, May 2, 2024. He was in the custody of the Jefferson County Sheriff's Office. David J.A. Bargen was the presiding judge.Macon J. Kaer, age 37, is charged with possession of a firearm by a prohibited person, a class 1B felony punishable by 20 years to life in prison. He is also charged with two counts of possession of a controlled substance, a class 4 felony.Traffic StopOn Thursday, February 22, 2024, a deputy with the sheriff’s office conducted a traffic stop near the intersection of 9th and F Streets in Fairbury for a traffic offense. According to a press release, “During the stop, the deputy located controlled substances and drug paraphernalia within the vehicle.”The driver of the vehicle was identified as Makela Grable, age 23, of Marysville Kansas. A passenger in the vehicle was identified as Kaer.The deputy was granted permission to search the vehicle. According to the Warrantless Arrest Affidavit, “In the vehicle's passenger seat, where Kaer was seated, was an unused syringe and a bag of syringes sniffed between the passenger seat and center console. In the back seat, I discovered a black bag with two syringes, one of which contained an unknown substance. There was also a pair of brass knuckles. In the back panel of the driver's seat was a large spoon, containing a white crystal-like substance. This later tested positive for methamphetamine.”Search WarrantA warrant was then obtained to search what law enforcement believed to be Kaer's residence. The affidavit indicates, “A backpack labeled 'Macon's Bag' was discovered in the living room, and inside contained syringes and a zip-lock baggie. The zip lock baggie contained a black tar-like substance that had a presumptive positive for a controlled substance. The black substance weighed approximately 33 grams. While searching the shed in the back of the residence, a Taurus G3C 9mm pistol was located.”One of the charges of possession of a controlled substance is for drugs allegedly found in the vehicle and the other for the drugs allegedly found in the residence.BondThe defendant was originally held on a $75,000 (10 percent) bond. The bond was later reduced to $50,000 (10 percent) and then again at $35,000 (10 percent).Kaer's attorney, Benjamin Murray, said is client was unable to pay that amount and asked for a reduction.County Attorney Joseph Casson opposed any further reduction, citing “the nature and circumstances of the offense.”Judge Bargen said the bond was already low for a class 1B felony and declined to reduce the bond any more.Criminal RecordKaer has a prior criminal record. On December 29. 2022, he pleaded No Contest in Gage County Court to attempted possession of methamphetamine, a class 1 misdemeanor, and was sentenced to 21 days in jail, with credit for time served.In Jefferson County, Kaer was scheduled to be arraigned in County Court for various traffic offenses on February 22, 2023, but failed to appear. A warrant was issued for his arrest. He was later arrested and pleaded No Contest to driving under a suspended license and driving without valid registration, both class 3 misdemeanors, and also driving without proof of insurance, a class 2 misdemeanor.He was also convicted of a felony in Montana.

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