“Predator Sting” Case Explained
The court case against a Fairbury man caught up in an amateur “predator sting” is now completed with a two-year probation sentence. A plea agreement avoided what could have been an unprecedented trial.
Donald D. Boomgaarn, Jr., age 25, was originally charged with attempted child enticement, a class 2 felony punishable by one to 50 years in prison. He appeared for sentencing in Jefferson County District Court on Thursday, April 2, 2026. David J.A. Bargen was the presiding judge.
The Arrest
According to the Jefferson County Sheriff’s Office, on October 16, 2024, the Jefferson County Dispatch received a call from a Houston-based vigilante organization called Predator Poachers Southeast Texas that conducts sting operations on adults who seek sexual activities with minors.
Dispatch was advised that they just conducted a sting operation in the City Park in Fairbury and had an individual that they met there that was seeking to meet with a minor.
According to the Sheriff’s Office, deputies responded to the City Park and made contact with the organization and the alleged suspect, who was detained by deputies.
All evidence that the organization had was turned over to the sheriff’s office, which initiated their own investigation into the matter.
The suspect was identified Boomgaarn, Jr., who was brought to the sheriff’s office. Later in the evening he was booked into the Jefferson County Jail for felony Attempted Sexual Assault by Electronic Device.
A video of the sting was posted on the video-sharing platform YouTube and, as of press time, has accumulated more that 6.2 million views.
Nebraska Law Complicates Prosecution
Boomgaarn, Jr., was originally represented by attorney Paul Payne, who expressed doubts about the legality of his client’s arrest. Payne pointed out to the court during a preliminary hearing on December 2, 2024, that according to Nebraska Revised Statute 28-320.02, in order to be found guilty, the person being “enticed” must be either 16 years of age or younger, or must be a peace officer (law enforcement officer with arrest authority).
That is why the charge was attempted enticement. Jefferson County Attorney Joseph Casson explained, “Your Honor, this is somewhat of a unique situation in that, as counsel has pointed out, the individuals who gathered the information relevant to the case were not law enforcement officers. As a result, this charge is filed as an attempt, because the circumstances that the defendant believed that he had been involved in are what constituted the crime, whether the individual impersonating a minor was a long-term officer or not. That again, the attempt, I think, is the state’s workaround on that aspect of the case.”
“I have to agree with counsel’s characterization that this is a workaround,” said Payne. “This rubs me the wrong way, the way this is charged. The statute is very clear. It has to be either a minor that’s being enticed or a police officer.”
Payne told the court, “The only question that I have, and I frankly have struggled finding the correct answer to that, is whether the general attempt statute here is applicable in the fashion that the state is trying to apply in here. I applaud the creativity. I don’t think that creativity is what we’re looking for in criminal statutes or criminal statutory interpretation.”
In 2025, Payne left the case when he changed law firms and was replace by attorney Benjamin Murray.
Other Nebraska Stings
FJN spoke with Alex Rosen, one of the individuals from Predator Poachers who conducted the sting. He said he was aware of the statute, “In Nebraska, we’ve had pretty good success despite the statute.”
None of the convictions in Nebraska related to Predator Poachers stings have been for child enticement. Instead, in those cases, law enforcement conducted their own investigations and uncovered child pornography. Rosen acknowledged, “All of our convictions in Nebraska have actually been child pornography convictions and child pornography arrests.”
That is not the case with Donald Boombaarn, Jr., who has not been accused of possessing such prohibited materials.
Plea Deal
Had the matter gone to trial, it could have proven to be a test case for Nebraska. However, a plea deal reduced the charge to attempt of a class 4 felony, which is a class 1 misdemeanor punishable by up to one year in jail and a $1,000 fine.
However, before that plea deal could move forward, the defendant was required participate in what his attorney called a “specialized psycho-sexual evaluation.” The pending evaluation resulted in multiple continuances. The evaluation was completed and reviewed by the court.
Sentence
Boomgaarn, Jr., was originally scheduled to be sentenced on March 5, 2026.
Murray noted that his client has no criminal history and also pointed out that the YouTube video showing the sting and arrest has received over six million views.
According to Murray, his client will never be able to escape the cloud of this case, “Google his name and this is the first thing that comes up.”
When asked if he wanted to address the court, Boomgaarn, Jr., said, “I’m sorry. It won’t happen again.”
While there was no actual victim in this case, Judge Bargen noted, “It could have been much more serious.”
“I was not intending to give you probation,” said the judge, who decided he needed more time to determine an appropriate sentence. “I normally don’t do this in these kinds of cases.”
Bargen then continued sentencing until April 2, 2026.
The maximum amount of jail time allowed by the misdemeanor charge is one year. Nebraska’s good time law meant Boomgaarn, Jr., would be eligible for release after approximately six months.
On April 2, Judge Bargen told the defendant he originally intended to give him jail time but decided probation that could provide some “behavior modification” would be more beneficial. Boomgaarn, Jr., was then sentenced to 24 months of probation. His probation term will include monitoring of his social media usage and prohibit him from accessing pornography. He will also have to register as a sex offender for 15 years.
