Trial for McDonald’s Robbery Suspect Delayed
The trial date for one of the suspects in the robbery of the McDonald’s restaurant in Fairbury last year has been moved. It was the defendant’s own claim that the speedy trial rule had been violated that led to the delay.
Marzeanis Coleman, age 34, of Lincoln, appeared in Jefferson County District Court on Thursday, March 9, 2023, in the custody of the Sheriff’s Office. David J.A. Bargen was the presiding judge.
At 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.
Coleman 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.
A hearing was held to consider the defendant’s motion for absolute discharge. Coleman indicated his belief that his right to a speedy trial had been violated. He 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, according to Jefferson County Attorney Joseph Casson, 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 results of the DNA testing were not revealed during the hearing. However, it was noted that a glove was recovered at the scene.
Judge Bargen ordered briefs from the attorney. The preparation of those briefs will delay the trial, which was originally set for March 28-30, 2023. However, the court noted Coleman’s motion also “stops the clock,” which will not restart until the judge has made a final determination.
A new date for the trial is set for May 16 through 18, 2023.
The defendant remains in custody as of press time.
