Trial Date Set for McDonald’s Robbery Suspect

A trial date has been set for one of the suspects in the robbery of the McDonald’s restaurant in Fairbury last year.Marzeanis Coleman, age 34, of Lincoln, appeared in Jefferson County District Court on Thursday, March 2, 2023, in the custody of the sheriff’s office. David J.A. Bargen was the presiding judge.Coleman is represented by Public Defender Scott Gropp, who told the court his client intended to file a motion for absolute discharge, believing that his right to a speedy trial had been violated. Coleman had previously made such a claim in October of 2022 and again in January of 2023.Nebraska law requires that every person charged with a criminal offense be brought to trial within six months. In cases commenced and tried in the county court, the six-month period begins to run on the date the complaint is filed in that court.However, Jefferson County Attorney Joseph Casson said that speedy trial does not apply as the defendant had opposed an order to collect DNA, issued in July, 2022, and Casson maintains that effectively “stops the clock” until the determination of the judge on the matter, which was made on October 31, 2022.The trial is set for March 28-30, 2023.Coleman also asked for a new attorney, a request he has made before. Judge Bargen denied the request, noting the trial date is fast approaching.ChargesColeman is facing five charges: 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.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.”One of those suspects was identified as Coleman, who was then arrested.Pre-Trial PublicityAt a prior hearing, the defendant told the court that he believes pre-trial publicity may impact his defense. Gropp said, “I think my client is trying to indicate that, because there was a mugshot release of him, that he doesn’t believe he can get a fair trial.”Co-DefendantA second suspect, Michall A. Gillians, age 42, of Lincoln, was also been arrested and charged. Gillians also appeared in court that day. His attorney, Benjamin Murray, told the court there was a “chance this case may be dismissed.”Criminal RecordColeman 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.

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