Long Wait Times For Prisoners In Need Of Mental Health Treatment

Nearly six months after being declared not competent by the court and ordered committed, a space has finally become available at the Lincoln Regional Center for David L. Ebke, 59, of Fairbury.On May 5 of this year, in Jefferson County District Court, a competency hearing was held. The defendant has been declared unable to aid with his defense after a competency evaluation ordered by the court. District Court Judge Vicky Johnson found Ebke should be committed to the Lincoln Regional Center.Ebke has been incarcerated since then, awaiting a bed to become available so that he can receive court-ordered treatment. He has now been transported for treatment.The long wait times for treatment and the lack of mental health resources available to Jefferson County inmates has long been a topic of conversation at various County Commissioners meetings.Ebke is represented by Public Defender Scott Gropp, who had previously expressed concerns about Ebke's ability to aid in his own defense and filed a motion requesting a competency evaluation in District Court. According to the motion filed, “Undersigned counsel has interviewed Defendant and has reason to believe that Defendant does not possess the mental capacity to proceed with this case. Specifically, counsel is unable to communicate with Defendant regarding the pertinent facts of the case and has serious doubts as to Defendant’s ability to understand the nature of the proceedings and stand trial.”The motion also states, “Defendant has had previous communication issues with Joe Casson, Jefferson County Attorney, and he has indicated police have similar concerns.”Ebke was arrested on April 21 after allegedly fleeing from police in a pickup truck. Ebke is charged with operating a motor vehicle to avoid arrest, a class 4 felony, punishable by two years imprisonment, 12 months of post-release supervision and a $10,000 fine, and obstructing a police officer, a class 1 misdemeanor punishable by one year in jail and a $1,000 fine. He is also charged with reckless driving, driving under a suspended license and driving without a valid registration, all class 3 misdemeanors.This is only one in a series of arrests for the defendant.Ebke is also charged in District Court with breaking and entering, a class 2A felony punishable up to 20 years in prison. He is also charged with theft of property with a value between $1,500 and $5,000, a class 4 felony punishable by two years in prison, nine to 12 months of post-release supervision and a $10,000.According to the Arrest Affidavit, Ebke allegedly took approximately $1,500 worth of coins and other property from Memories and More Antique Mall in Fairbury. On September 7, 2020, the Jefferson County Sheriff's Office was informed that Ebke had allegedly attempted to sell coins matching the description of those taken to a pawnshop in Beatrice. The pawnshop did not purchase the coins.Later that same day, the defendant was by the Lincoln Police Department, outside of Lincoln Coin and Bullion, a shop known to buy and sell coins and other items of precious metals. He was detained until a Deputy from Jefferson County arrived and arrested him.The Warrantless Arrest Affidavit, notes Ebke told law enforcement he did not know the coins were stolen and that they had been given to him by a friend.The defendant has pleaded Not Guilty. At a previous hearing, Ebke stated, “I believe I've been wrongfully drawn into the situation.” Vicky Johnson, the presiding judge, issued a warrant for Ebke's arrest.Ebke was scheduled to attend a pretrial hearing in District Court on Thursday, April 8, but failed to appear. He was also scheduled to appear in District Court on Thursday, March 4 and did not show.In an unrelated case, Ebke is charged in Jefferson County with possession of a controlled substance, a class 4 felony punishable by two years incarceration and a $10,000 fine; obstructing a Peace Officer, a class 1 misdemeanor punishable by one year incarceration and a $1,000 fine; and possession of drug paraphernalia, an infraction that carries a $100 fine. Linda Bauer was the presiding judge in that case.Ebke was arrested on February 15 of this year when he was seen walking near 6th and F Street in Fairbury by Jefferson County Deputies. The deputies were aware that Ebke had an active warrant out of Gage County for driving under a suspended license and failing to appear in court.According to the Arrest Affidavit, deputies searched the suspect and located a glass pipe with white residue inside that field-tested positive for methamphetamine. The Deputy that filled out the affidavit noted, “Ebke attempted several times to get the methamphetamine pipe out of his pocket and had to be physically restrained for handcuffing.”

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