Kagy Pleads Not Guilty to Resisting Arrest

Devon R. Kagy, age 31, appeared in Gage County Court on Tuesday, June 25, 2024, in the custody of the Gage County Sheriff's Office. Jeffrey A. Gaertig was the presiding judge.Kagy is charged with first offense resisting arrest, a class 1 misdemeanor, punishable by up to one year in jail and a $1,000 fine. He pleaded not guilty. Kagy was arrested on April 30, 2024, at approximately 10:34 p.m., in Beatrice.According to the arrest affidavit, the Beatrice Police Department had received a tip that Kagy could be located at a residence in Beatrice. There was an open warrant for Kagy at that time.The affidavit indicates a residence gave law enforcement permission to enter and Kagy was located inside the residence. During the attempt to take the suspect into custody, Kagy allegedly resisted and a taser was deployed to subdue him. The officer that filled out the affidavit wrote, “After the Taser was deployed, we finally got Kagy restrained. Kagy was medically cleared and transported to the Gage County Detention Center on the warrant and for Resisting Arrest pursuant to Nebraska State Statute 28-904.”The defendant is represented in this matter by attorney Lee M. Timan. Kagy remains in custody on a $10,000 (10 percent) bond as of press time. Another hearing is scheduled for July 18, 2024. Gage CountyThe warrant for Kagy's arrest was issued in response to an accusation of violating post-release supervision. In 2022, Kagy was charged in Gage County 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. In accordance with a plea agreement, Kagy pleaded No Contest to one count of a protection order violation. The other charges were dismissed. Kagy was sentenced to two years in prison, followed by 12 months of post-release supervision. A motion to revoke post-release supervision was filed on April 18, 2024. According to the Probation Officer, the defendant was released from Nebraska Department of Correctional Services on December 6, 2023. He was ordered to report to the Probation Office by the next business day but allegedly did not do so, “Up to this point, the defendant has not made contact with this Probation Officer.” On Wednesday, June 26, 2024, Kagy denied violating post-release in Gage County District Court. A hearing is scheduled for July 10, 2024. Jefferson CountyKagy also has a pending case in Jefferson County District Court dating from 2022.The defendant was originally 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, a class 3 felony punishable by up to four years in prison, two year post-release supervision and a $25,000 fine. The Jefferson County Sheriff's Office served a search warrant at a residence in Fairbury Thursday morning, February 10, 2022, and one suspect, Kagy, was arrested. During the execution of that 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 weapon. 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.”Kagy failed to appeare for court on multiple occasions. On April 4, 2024, a plea agreement was reached between the defense and the State. In accordance with that agreement, Kagy pleaded no contest to possession of a deadly weapon by a prohibited person. The remaining charges were dismissed. Sentencing was scheduled for June 13, 2024, but Kagy did not appear as he was in custody in Gage County. Criminal HistoryThese pending cases are not Kagy's only run ins with the law. In 2019, he pleaded No Contest in Gage County Court to violating a protection order, a class 1 misdemeanor; receipt of stolen property with a value of less than $500 and failure to appear for court while out on bail, both class 2 misdemeanors. He was sentenced to 180 days in jail. On January 6, 2018, was arrested in Gage county for flight to avoid arrest. He pleaded No Contest and was sentenced to 30 days in jail and his driver's license was revoked for one year. In 2016, Kagy pleaded No Contest to shoplifting, a class 2 misdemeanor; contributing to the delinquency of a minor, a class 1 misdemeanor; and failure to appear for court, a class 3 misdemeanor. He was sentenced to 60 days in jail.

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