Judge Sets Trial Dates for Long Pending Cases

In an attempt to move along court cases unresolved for an extended period of time, Jefferson County District Court Judge David J.A. Bargen announced his intention to set most cases pending for 150 days or longer for trial.Judge Bargen set several such cases for trials during court on Thursday, March 6, 2025. Cameron D. May, age 54, of Fairbury is charged with possession of a firearm by a prohibited person, a class 1D felony punishable by three to 50 years in prison.Nebraska law prohibits an individual with a felony conviction from possessing a firearm. Per Nebraska Revised Statute 28-1206, “The felony conviction may have been had in any court in the United States, the several states, territories, or possessions, or the District of Columbia.”Previously, the defense filed a notice in District Court of his intention to challenge the constitutionality of that law and a trial date has been set. However, at a hearing on January 2, 2025, May's attorney, Dustin Garrison, indicated a plea deal was in the works and asked for a continuance.On March 6, when asked by the judge if there was a plea agreement in place, Garrison said, “There is not a plea agreement reached but there are hopes of a plea agreement.”“It's been pending for quite a long time,” said Judge Bargen, who opted instead to set a jury for June 26 and 27. The final date for a plea agreement is May 1.May remains free on a $80,000 (10 percent) bond. 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.On 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 stuffed 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.”A 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.Kaer 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.On March 6, 2025, Judge Bargen set a trial date of August 27 and 28. Cynthia Rice, age 46, of Fairbury appeared in court on March 6, facing multiple charges.In one case, Cynthia Rice, age 46, is charged with two counts of possession of a controlled substance, a class 4 felony, punishable by up to two years in prison, nine to 12 months of post-release supervision and a $10,000 fine.On Friday, March 1, 2024, shortly after midnight, the Jefferson County Sheriff's Office conducted a traffic stop near the intersection of 8th and B Streets in Fairbury. According to the arrest affidavit, “I knew the vehicle to be registered to Cynthia Rice who had an active, confirmed warrant out of Jefferson County, Nebraska.”The affidavit indicates Rice was arrested after a search of her vehicle uncovered a pill bottle with two different pills for which Rice allegedly does not have a prescription.Rice had been released on a PR (Personal Recognizance) bond when she was arrested again that same day.At approximately 4:53 p.m., deputies conducted a search warrant at a residence near 8th and A Streets in Fairbury. According to the sheriff's office, “Numerous items on contraband and controlled substances were located within the residence belonging to Rice.”Rice was arrested once again after the search and later released, this time on a $7,500 (10 percent) bond.In this second case, Rice is charged with one count of possession of a controlled substance and one count of possession of drug paraphernalia, an infraction that carries a $100 fine.In a third case, a warrant was executed on August 22, 2024, at a residence in Fairbury.Deputies made entrance at approximately 6:58 a.m. According to the arrest affidavit, “Numerous individuals were located both inside of the house and outside in the backyard. These individuals were placed into handcuffs, searched, and informed they were being detained.”Deputies reported locating items consistent with drug paraphernalia, as well as items with a white crystalline substance during an initial assessment of the living room. A plastic bag with residue of a white crystalline substance reportedly field tested positive for the presence of methamphetamine.The affidavit indicates that, in the basement, deputies located glass pipes and baggies with a white crystalline substance that also field tested positive for methamphetamine.Rice was arrested at the scene along with other suspects. She was charged with possession of methamphetamine, a class 4 felony.Rice has a prior criminal record, including drug charges.Rice's attorney requested a continuance, indicated his client had just applied for drug court the day before. In case Rice is not accepted, Judge Bargen set trial for June 26 and 27. Heather V. Jones, of Fairbury, age 42, of Fairbury, is charged with possession of methamphetamine, a class 4 felony, as well as possession of drug paraphernalia, an infraction that carries a $100 fine.On May 21, 2024, at approximately 6:33 a.m., deputies with the Jefferson County Sheriffs Office executed a search warrant at a residence in Fairbury. Located within the residence were Heather Jones and another individual.According to the arrest affidavit, a container was located under a table next to a mattress, “Inside the container located under the table were several clear plastic baggies. A working blue digital scale was also found. A white crystalline substance was observed on the scale lid, which had a presumptive positive for the presence of methamphetamine. A glass bong located on the table in plain view also tested positive for the presence of methamphetamine.”Jones is presented by Public Defender Scott Gropp, who advised the court the State had made a plea offer but it was the same plea offer the state had been offering “for several months” and Jones has rejected it.Gropp asked for a continuance for time to speak with his client, noting he had not been in touch with her since the last hearing.Judge Bargen denied the motion for continuance and set a trial date for July 26 and 27.

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