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GoogleDuring a pretrial hearing Wednesday, Herchel Huff, 35, of Holbrook/Grant, pleaded not guilty to motor vehicle homicide, driving while intoxicated (fourth offense), tampering with a witness, refusal to submit to a chemical test and no proof of insurance.
Kasey Jo Warner died Oct. 3, 2007, when she was struck by Huff's car as she and her 3-year-old daughter walked on a country road southwest of Arapahoe. Warner was a former volleyball coach at Arapahoe High School, and was teaching biology at McCook Community College at the time of her death.
The charge of manslaughter is a new charge and is in addition to the other charges, said Furnas County Attorney Tom Patterson. Patterson is being assisted in the case by Mike Guinan, an assistant attorney general in Nebraska Attorney General Jon Bruning's office in Lincoln.
Patterson said this morning that at the pretrial, Huff waived a jury for the charge of tampering with a jury and refusal to submit to a chemical test. Huff reserved a jury for the remaining charges, Patterson said.
On Dec. 17, Judge James Doyle III will hear a motion from Huff's attorney contending that, because Huff has pleaded guilty to manslaughter, he should not be held accountable for the remaining charges. "Our position," Patterson said, "is, 'no, that does not apply.'"
Patterson said that Huff filed another motion, requesting that testimony from a law enforcement officer be suppressed.
Patterson said no date has been set for a trial, and that the "plea in bar" motion regarding the plea of guilty to the manslaughter charge could mean that a trial may be quite some time in the future. An overruling of the motion by the judge would mean an immediate appeal, Patterson said.
A trial has been scheduled and postponed several times, twice to allow Huff's legal counsel more time to consult witnesses and then to allow for a change in attorneys by Huff. The latest scheduled trial dates were Tuesday, Wednesday and Thursday, Dec. 2, 3 and 4.
Huff is out on bond, Patterson said, after his mother and stepfather posted 10 percent of a $250,000 bond.
Huff is expected to appear yet this month in Lincoln County on another charge of driving while intoxicated.
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This is unbelievable that our legal system would allow this to happen!!! How in the heck does he really think that he can get off of ANY of these charges??? She's dead, period! She's gone because of his stupidity and thinking that he can drive for the 4th time drunk!!!
It angers me to think that it has been over a year and we just continue to give Huff more time and more time. When is his time every going to be up? Kasey is gone because of him! Two little girls don't have a mommy because of him! A man doesn't have a wife because if him! A family lost a daughter, sister, aunt, cousin because of him.
He and his family apparently have NO conscience!!
WTF. Let's give this guy every inch we can to let him him slide out of trouble. This plea bargain is a joke. Can't we get better lawyers than this?
I can see why he want to suppress the testimony of the officer...because he was wasted and it's surely incriminating as hell, so let's let him off the hook for that too while we're at it.
I saw a picture of this guy fishing with his kid this summer in the SW NE fishing guide, apparently the magazine people weren't aware of what this guy "allegedly" did. It makes me sick to stomach and maked me quiver that this guy can be out doing this after what he did to Kasey and her family on his FOUTH OFFENSE.
That's a slap in the face to our justice system. Get this guy behind bars before he kills my wife too!!!!!!!!!!!!!
Remember when this happened he hadn't even been arragned on the previous one or even two DUI's? This has been strung out for over a year and he's been out doing whatever he wants...fishing and what not. If he didn't "learn" anything the first 3 times...does anyone think he's learned now?
I bet not. I would bet money this A-hole is still out driving while drunk. Why not? He's going to coast through this like he hit someone's dog or something.
You know, can kinda see if this was a first offense, as much as this has hurt the family and all of Kasey's friends, it was an accident, he didn't want to kill anyone surely. But, this was not his first offense by a long shot.
Sooner of later, no matter what the offense is, serious crimes like this must be dealt with with either faster or more severly. People like this eventually have and must be labeled "worthless" to society and a threat to innocent people.
And this was his forth offense in a short amount of time this CANNOT be passed off as an accident. I don't think it matters after 3 strikes whether this guy has a family, a job, or kids. That cannot be an excuse to let him off easy.
Kasey had a family too, a great one, and she was taken from them for no good reason other than to show us that there are huge fundamental problems with our justice system and we need to rethink or continue to realize the dangers of drinking and driving.
It's hard to think she died for no reason when she had so much to live for and she meant so much to people she didn't even know.
We have to make some good out her death so it wasn't for nothing. Let's use it to focus on the dangers of drinking and driving. Think about it everytime you go out with friends or whatever. Think about whether you want to end up like Mr. Huff. Think about dying yourself. It's just not worth a few beers, or a few too many beers. Stay at home and drink with friends or get a DD.
Walk your butt home, you could use it after a night of drinking empty calories.
I can't even believe that this guy was granted any type of bond. This is one of MANY offenses and for heaven's sake he killed a woman! How many times is he going to be allowed to drink and drive or possibly kill again before he is put away to where he doesn't have the chance to "offend" again? I realize that TV isn't real life but even on those shows bail is denied when there is even less reason than this guy has given! How stupid do you have to be to allow this guy out into the world to do it all over again? The judge that granted this bail should be ashamed of themselves! I am glad I don't live in the area anymore so that my family isn't on the street the next time this guy "offends" and you can bet your sweet butt that he will do it again!
Maybe we should encourage everyone who is disappointed in the progress of this case to write a letter to Furnas County Attorney Tom Patterson. Also write a letter to Judge James Doyle! What if one of their loved ones was hurt in a situation like this (ie a HUGE multiple offender) Would things be this strung out? Does anyone know if Mr Huff's attorney is court appointed? If so, taxpayers are footing the bill for each delay. Aren't we generous. At what point does a person become a habitual offender? Not only has he had several DUI's and Kasey's death, but he has also skipped out paying bills in many communities. At what point is he no longer an asset to freedom?
We should expect human debris such as Huff to have no conscience or moral compass. However, it is really distressing that the prosecuting attorneys and the Judge in this case have treated this low life with kid's gloves.
It appears the Judge is hell bent on slapping his hands and letting him kill again.
Here is a picture of the human excrement.
http://www.northplattebulletin.com/index...
Better yet, let's write to Jon Bruning himself!
You had to have known with all the time that has passed, nothing good was going to come out of this. Something needs to be done about Huff -- he has a serious problem and after everything he's done, he should have never be allowed out on bond! He'll never learn... Seems our legal system never learns either!
We are paying for his court appointed attorney or two!!
Our tax dollars at work. What a shame! We vote these people into their offices and they let things like this go on and on and on. Twenty years ago, this would have been sent to court and the accused would have been locked away for good without parole. Now we have lawyers that have been in the system themselves and know how to jump through loop-holes and get their client(s) off without anything really bad.
What has happened to our society?? What about justice or the people who have lost their mother, companion, and friend?? People are held more accountable for bad checks, speeding tickets, and defaulted loans. Priorities are in the wrong place. Law enforcement can't even do their jobs without being critisized for it. This just set a presidence for court cases to come. I am ashamed of the laws and our court systems.
The real bad thing is that the family of the deceased are the ones who really suffer.
The state attorney general needs to have many letters on this. There is definitly something rotten here.
I believe that it's time we write letters to Jon Bruning.
I agree someone needs to start submitting letters or something, these plea bargins that go on are unjust. This man is a terrible man, he has NO conscience, he has been in trouble too many times, this guy has been known to fraud people, he has had 4 dui and now killed someone and the state is accepting a plea bargin!!! He took a young mother from her family and friends. Where is the good old NEBRASKA ROOTS and justice system?
God Bless the Kasey Jo Warner Family!!! How sad
Does anyone have the address to Brunning's office?
Just type in Nebraska Attorney General and it will pull up the address. I think you can even send an email. I sent an email but haven't gotten a response.
I am shocked, horrified and disappointed in the Nebraska legal system. I would be embarrassed and ashamed of myself if I was any part of the Nebraska legal system. ALL of you have blood on your hands. I hope the next time Mr. Huff decides to get drunk and drive you and your family are out of state. He is probably drunk as we speak. Lets give him about 10 or 15 more DUI'S before we do anything! Shame Shame on Nebraska Law!
I just wrote the Attorney General's office. They have an assistant working with the Furnas county attorney. I am also waiting for a response from that office. Let us all pray and hope for the right outcome in this terrible case.
This guy getting out on bond is simply a joke! And even if he were convicted and sent to prison, his life style would probably improve. The Nebraska penal system is a bunch of Wardens afraid to hurt anybodies feelings because of the cost of defending lawsuits from inmates. The best part is, the tax payer gets to pay for that too! This drunken murderer will probably get a slight sentence because the prisons in Nebraska are over capacity as usual. I dont mind paying the taxes if I can see some results, Nebraska needs to start locking these criminals away. If you dont have enough room, build some more prisons, I think the Nebraska tax payers would rather see thier money spent on a prison than watching all of these criminals get light sentences or let out too early. Here is another idea, We have several people in Nebraska that have been sitting on death row for decades that have been costing the Nebraska tax payer 40K per year each to house. End the appeals and kill them already!! That will make room for Mr. Huff to the rest of his drunken, useless, purposeless life.
I didn't find an e-mail address, but I found this:
Office of the Attorney General, 2115 State Capitol, Lincoln, NE 68509
Main Office: (402) 471-2682
Main Office (FAX): (402) 471-3297
I'd rather e-mail. If anyone has Jon Bruning's e-mail address, will you please share?
NEDOJ@nebraska.gov
This is the address that I used and did receive a response.
seentomuch.....nicely put
I did get a response from the Attorney General's office. They stated that they are doing all they can and WILL SEE THIS COURT CASE TO THE END. They stated that all is being done to prosecute to the fullest extent of the law.
The defendant and council have taken steps to postpone the trial and the state is going through the proper channels to get this to trial as fast as they can and prosecute the defendant on the remaining charges.
The "NEDOJ@nebraska.gov" is the right address to send emails. You have to mark the bottom of the form to get a response. Go to the Attorney General's web site and they have the way to contact him. Remember to mark the bottom of it to get a response.
The more we send, the more our voices will be heard.
Just a little update. Mr. Huff had court last week. Was told no bars or alcohol. 4 days later he is in a fight in a bar at Kearney. He is now being held on a 2 million dollar bond!!
He sure learned his lesson, didn't he? That is a great example of our tax dollars at work.
This is truly amazing!!! What else is he going to do before he is convicted??
What the heck! Yes............great idea tell him to stay out of the bars and alcohol. He sure appears to be the kind of person that follows rules (4th offense DUI), so why wouldn't he listen to the verbal instructions and a slap on the hand of a judge. So basically the state of Nebraska is saying "it's no big deal if you murder someone!". I am sick of this.......something has to be done!!! What a shame!