McDonald’s Robbery Suspect Accepts Plea Deal

A suspect in the robbery of the now-closed McDonald’s restaurant in Fairbury two years ago has waived his right to a jury trial and accepted a plea agreement from the state.Marzeanis Coleman, age 34, of Lincoln, appeared in Jefferson County District Court on Thursday, March 14, 2024, in the custody of the sheriff’s office. David J.A. Bargen was the presiding judge.Plea AgreementThe defendant was originally charged with five counts: robbery, a class 2 felony punishable by one to 50 years in prison; first degree assault, also a class 2 felony; possession of a stolen firearm, a class 2A felony punishable by 20 years in prison; operating a motor vehicle to avoid arrest, a class 4 felony punishable by up to two years in prison, 12 months of post-release supervision and a $10,000 fine; and first offense reckless driving, a class 3 misdemeanor punishable by three months in jail, a $500 fine and up to a year license revocation.The alleged offense took place the evening of Saturday, April 16, 2022.In accordance with the plea agreement, Coleman pleaded guilty to an amended charge of attempted robbery a class 2A felony. All other charges were dismissed.There was no agreement as to sentencing.Pro Se DefendantColeman appeared in court pro se, meaning he waived his right to counsel and opted to represent himself. He did have appointed standby counsel, attorney Lee Timan. While a defendant has the right to self-representation, courts often appoint standby counsel, sometimes called advisory counsel, a lawyer who assists the defendant with navigating the legal system.Coleman was originally represented by Public Defender Scott Gropp. However, on September 7, 2023, he asked Judge Bargen to remove Gropp and assign a different attorney. The judge denied the motion.At a hearing the following week, September 14, the defendant indicated he had obtained new counsel, attorney Dustin Garrison, who had filed a Motion for Discovery. However, Garrison later filed a motion to withdraw, which was granted on October 12. The judge granted Coleman's motion to proceed.ArrestAt approximately 11:19 p.m., the evening of Saturday, April 16, 2022, Jefferson County Deputies and an ambulance responded to a 911 call from a McDonald’s employee who said there had been a robbery and a female employee had been assaulted and needed medical attention. According to the Jefferson County Sheriff’s Office, there was already a deputy on duty nearby at the time of the call. The deputy, “observed two black males running south through the large parking near McDonald’s and headed south across Hwy 136 and ran south on J Street.”In court, Jefferson County Attorney Joseph Casson said that the suspects entered the restaurant after closing, “wearing COVID masks.” Casson said the suspect took $2,600 from the manager, who had been counting the money, and refused to allow her to call 911.According to the sheriff's office, the suspects fled the scene in a vehicle, which was later recovered in Beatrice. Bodycam video that was reviewed during a Motion to Suppress hearing showed Coleman encountering law enforcement in Beatrice near the vehicle, where a search was being conducted for the suspects. He was arrested at the scene.It was Coleman's contention that he had not arrived in Beatrice in the vehicle but had hitch hiked from Fairbury to Beatrice.Criminal HistoryColeman has a prior criminal record in Nebraska. All the following cases took place in Lancaster County Court.In 2016, Coleman pleaded guilty to unauthorized use of a financial transaction device, a class 2 misdemeanor. He was fined $500 and given 50 hours of community service.In 2015, Coleman pleaded No Contest to unauthorized use of a financial transaction device, a class 1 misdemeanor. He was fined $1,000 and given 47 hours of community service.In 2014, Coleman pleaded No Contest to two counts of third-degree assault, both class 1 misdemeanors and sentenced to 270 days in jail.In 2013, Coleman pleaded guilty to assault and was sentenced to a $400 fine and 40 hours of community service.Sentencing“I know Mr. Coleman does not agree with all the facts as presented but agrees there are enough facts to find him guilty,” according to Timan.Judge Bargen ordered a PSI (Pre-Sentencing Investigation). Sentencing is scheduled for May 2, 2024.BondThe defendant had been in custody since his arrest nearly two years ago and has been unable to pay the $250,000 (10 percent). Timan pointed this out when he asked for a bond reduction that would allow Coleman to be free while awaiting sentencing.Timan asked for $40,000 to $50,000 (10 percent).Casson did not oppose a bond reduction, “Some reduction may be in order given the nature of the charge reduction.”Judge Bargen agreed and set a new bond at $50,000 (10 percent).“I'm doing this trusting you will appear for sentencing,” said Bargen. “This court is placing a great deal of trust in you.”

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