Suspect Spends One Month in Custody Without an Attorney

A Fairbury man who has been incarcerated for over a month without benefit of an attorney on his case has accepted representation by the public defender.Jeremy B. Swartz, age 48, appeared in Jefferson County Court via webcam from the Nebraska Department of Correction's Reception and Treatment Center in Lincoln. Linda Bauer was the presiding judge.Swartz is charged with theft by unlawful taking of more than $5,000, a class 2A felony punishable by up to 20 years in prison. On January 11, 2025, at approximately 8:27 p.m., a deputy with the Jefferson County Sheriff’s Office was dispatched to an address at 8th and D Streets, where a car was reported stolen, a blue Buick Envoy, was seen parked.According to the Warrantless Arrest Affidavit, the value of the car is estimated to be $31,662.The deputy approached the address and saw the vehicle parked. The deputy wrote in the affidavit, “I approached the house and was met on the porch by Jeremy Swartz.”A deputy from Cass County confirmed the vehicle had been reported stolen.Swartz, age 48, was arrested at the scene. The defendant originally declined court-appointed counsel, indicating he would hired his own attorney. He is currently represented by attorney Abbie J. Steiner in another, unrelated matter and Swartz said he wanted her to represented her in this case as well. However, his case had been continued multiple times and he still had not have representation. Judge Bauer expressed concern that the defendant had been incarcerated for so long without representation. The judge recommended appointed Public Defender Scott Gropp and Swartz agreed.Due to his financial condition, Swartz is not eligible for court-appointed counsel and was advised he will have to reimburse the county for legal fees. Swartz agreed.With Gropp on board, a preliminary hearing was scheduled for March 12, 2025. Because the charge is a felony, the defendant is entitled to a preliminary hearing to determined if there is probable cause to bind the case over to district court, where felonies are heard. “Can't we do it now?” asked Swartz.Judge Bauer explained the court could not hold a preliminary hearing because witnesses were not present or available.Swartz said, “I think your witness will come around when she sees me.”Bond was originally set at $15,000 (10 percent). Swartz indicate he was unable to pay and requested a PR (Personal Recognizance) bond. County Attorney Joseph Casson said, “There could be some reduction but I would oppose a PR bond.”Judge Bauer agreed to lower the bond to $10,000 (10 percent), “This is as low as I can go for a 2A felony.”In the other case, Swartz is charged with possession of methamphetamine, a class 4 felony punishable by up to two years in prison, nine to 12 months of post-release supervision and a $10,000. He is also charged with possession of drug paraphernalia, an infraction that carries a $100 fine.That case is in Jefferson County District Court. On February 11, 2025, Swartz's attorney filed a Motion to Suppress. A hearing will be held on April 10, 2025.

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