Kagy Facing Charges in Jefferson and Gage Counties

Devon R. Kagy, 28, of Fairbury, is facing felony charges in both Jefferson County and Gage Counties, stemming from accusations of multiple violations of a protection order.ArrestThe Jefferson County Sheriff's Office served a search warrant at a residence on the 1100 block of B Street in Fairbury Thursday morning, February 10, 2022, and one suspect, Kagy, was arrested.The Sheriff’s Office was contacted by the Beatrice Police Department about an incident that occurred in Beatrice the prior evening involving Devon R. Kagy, 28, of Fairbury. On the morning of February 10, the BPD obtained an arrest warrant for Kagy.According to the Beatrice Police Officer that filled out the Affidavit for Arrest Warrant, the petitioner contacted BPD regarding multiple messages from Kagy, “I observed one e-mail from 02-08-2022 who's (sic) sender was Kagy that read: Bout to cause a f* scene. I mean, what do I got to lose other than my life that has any f* value. Cops try n get at me there'll be gun play. I'm ready to die. A man can't be beaten down any further than I've been over the last year.”Another message read, “Okay I borrowed a ghillie suit too so I can just post up like a bush on the side of somebody's yard. Scope out the scene make sure there ain't no pigs around then I'm going to come in and see my kids hopefully not by force I don't feel like it needs to come to that but the one that I finally come to Beatrice and I'm excited about it you ain't going to f* bail on me.”Due to the potential threat to law enforcement and a possibility of a weapon involved, the Jefferson County Sheriff’s Office obtained a search warrant for the residence to apprehend Kagy and search for the weapon. While law enforcement was preparing to serve the warrant, deputies watching the house advised Kagy was leaving the residence in his vehicle. A traffic stop was conducted at 13th and C Streets and Kagy was taken into custody without incident.The search warrant was then served on the residence where Kagy resided. According to a press release from the Sheriff's Office, “Numerous controlled substances were found within the residence to include: Methamphetamine, Marijuana, THC edibles, THC wax, a large amount of Psilocybin Mushrooms, and numerous paraphernalia and distribution items.”THC is tetrahydrocannabinol, the main psychoactive compound in cannabis.Kagy was transported to the Gage County Jail.Gage CountyKagy was arraigned in Gage County Court on February 11, 2022. Jeffrey A. Gaertig was the presiding judge. Kagy is charged with two counts of violating a protection order, a class 4 felony punishable by up to two years in prison, 12 months of post-release supervision and a $10,000 fine; and terrorist threats, a class 3A felony, punishable by up to three years in prison, 18 months of post-release supervision and a $10,000 fine.On February 171. Kagy was released on a $100,000 (10 percent) bond.Because the charges are felonies, the defendant has the right to a preliminary hearing to determine that sufficient evidence exists to transfer the case to district court, where felonies are adjudicated. A preliminary hearing was held on Tuesday, March 8. A decision was not made at that time. JudgeGaertig has taken the case under advisement.Kagy is represented in Gage County by attorney Lee Timan.Jefferson CountyCharges have also been filed in Jefferson County and a warrant was issued for Kagy's arrest. At the end of the preliminary hearing, Kagy was taken into custody and transferred to the Jefferson County Jail.Kagy appeared in Jefferson County Court via webcam from the Jefferson County Law Enforcement Center on Wednesday, March 9, for arraignment. Linda Bauer was the presiding judge.Kagy is charged with two counts of manufacture, delivery or intent to distribute a controlled substance (marijuana and psilocybin), both class 2A felonies punishable by one to 50 years in prison; and possession of a deadly weapon by a prohibited person.During the execution of the warrant, Jefferson County deputies reported locating two machetes and two knives, all with a blade of longer than three and a half inches. As the subject of a protection order, Kagy is not legally allowed to possess such a weapon.Bond had not been set yet.“I came into court in Gage County knowing I was going to jail,” Kagy told the judge. “I am not a flight risk.”The judge set a bond of $10,000 (10 percent), noting that she took into consideration that Kagy had already paid a $100,000 bond in the Gage County case, “Usually it would be a higher bond.”The defendant requested court-appointed counsel and public defender Scott Gropp was assigned to the case. The next hearing is scheduled in Jefferson County for March 30.

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