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Huff bond upped to $2 million cash
LEXINGTON - Furnas County District Court Judge James Doyle IV Wednesday morning set a new bond amount of $2 million cash for the man who has pleaded guilty to manslaughter in the death Oct. 3, 2007, of an Arapahoe woman.
Nebraska Attorney General Jon Bruning, whose office is assisting with the prosecution of Herchel Harold Huff, said he is "sickened" by Huff and his crimes.
Huff, 35, of Holbrook and Grant, is charged with the death of 28-year-old Kasey Jo Warner, who was killed when she was struck by Huff's car as she and her young daughter walked on a county road southwest of Arapahoe. Huff was free on his original bond of $250,000, 10 percent of which was posted by his mother and stepfather, but is now back in Furnas County jail in Beaver City.
On Friday, Dec. 12, Judge Doyle and prosecution and defense attorneys conducted a telephone hearing during which Huff was accused of violating conditions of his bond release, which includes stipulations that he avoid alcohol and any unlawful activities.
A spokesperson for the City of Kearney Police Department said this morning that at 2:30 p.m., Wednesday, Dec. 3, a Kearney police officer assisted Furnas County Sheriff Kurt Kapperman in the interview of a reporting party regarding bond violations by Huff. At the hearing Friday then, Doyle increased Huff's bond to $2 million with a 15 percent provision for release from jail. During the hearing in Lexington Wednesday, Doyle amended that bond to $2 million cash. A spokesperson for the Nebraska Attorney General's office said that Huff's bond violation(s) included continuing to consume alcohol.
Attorney General Jon Bruning said following Huff's bond hearing Wednesday, "No break will be given. No deal will be made. We're sickened by Mr. Huff and his crimes, and our intent is to see him behind bars for a long time."
Judge Doyle set the bond high, he said Wednesday, because of Huff's bond violation and the seriousness of the charges against him, and because Huff has already pleaded guilty to manslaughter (although not sentenced yet), with allegations of more crimes.
During a hearing Nov. 26, Huff pleaded guilty to manslaughter in the death of Warner. Warner was a former volleyball coach at Arapahoe High School, and was teaching biology at McCook Community College at the time of her death. She is survived by her husband, Dan, and her young daughters, Gentry and Berkley.
At the same hearing in November, Huff pleaded not guilty to motor vehicle homicide, tampering with a witness and refusal to submit to a chemical test. Huff waived a jury trial for the charges of tampering with a witness and refusal to submit to a chemical test, and reserved a jury trial for the charge of motor vehicle homicide, Furnas County Attorney Tom Patterson said after the Nov. 26 hearing.
At the hearing Wednesday in Lexington, Judge Doyle gave Charles Brewster of Holdrege, an attorney for Huff, until Jan. 20 to prepare his arguments for a dismissal of charges motion and a "plea in bar," in which Brewster and co-attorney Richard Calkins of Alma contend that because Huff has already pleaded guilty to the manslaughter charges, other charges against him should be dismissed. Brewster told Judge Doyle, "Mr. Huff should not be tried on two felonies for causing the same mishap." Brewster said, "The law is fairly complex, and we ask 30 days to submit our arguments in writing."
Doyle gave Brewster until the middle of January to prepare his arguments for the motions to the court, and then asked for a response by Feb. 5 from Patterson and Mike Guinan, an attorney with the Nebraska Attorney General's office who is assisting Patterson.
Calkins also asked Doyle to suppress testimony from one of two Furnas County deputies who investigated Warner's death and has since moved to Minneapolis, Minn. Calkins said that he and Guinan traveled to Minneapolis to interview the deputy, and offered into evidence the deputy's deposition.
Because of trial delays such as these motions and pleadings, Judge Doyle told Huff, the state is beyond the six-month time limit, required by a "speedy trial" law, during which it must bring him to court. Huff waived his right to a speedy trial as Patterson/Guinan argued to sentence Huff on the manslaughter conviction and, at the same time, try him on the motor vehicle homicide charge and other two charges. Guinan requested a trial date in March.
Brewster argued that state statutes provide for the plea in bar, and asked the judge to rule on that motion and the motion to dismiss and sentence Huff on the manslaughter conviction before setting a trial date on the other charges.
Guinan told Judge Doyle that process could create "worlds of issues to handle" and "a double jeopardy situation," because a defendant cannot be tried twice for the same crime.
Judge Doyle did not set a trial date Wednesday.
Guinan told Judge Doyle that the state has no objection to the defendant's request that his original bond not be forfeited, as allowed by state law under violations of bond conditions. Brewster walked over to the courtroom gallery, leaned over front row seats and whispered to a woman seated in the second row, "Did you put up your house as security for this bond?" She answered, "Yes."
Brewster then told the judge that a bail bondsman had paid Huff's bond, but accepted as security Huff's mother's home.
Through his attorney, Huff later thanked the judge for his kindness in not taking his mother's home.
Brewster asked the judge that arrangements be made to get glasses for Huff if he is incarcerated until his trial in the state penitentiary in Lincoln, which does not allow an inmate to wear contact lenses. Judge Doyle said he will not interfere with the rules that a penitentiary or a sheriff makes for a facility. Huff was taken to the jail in Beaver City.
Manslaughter is a Class III felony with a penalty of up to 20 years in prison, a $25,000 fine or both.
Motor vehicle homicide is a Class II felony with a penalty of up to 50 years in prison.
Tampering with a witness is a Class IV felony with a penalty of up to five years in prison, a $10,000 fine or both.
Refusing to submit to a chemical test is a Class IIIA felony with a penalty of up to five years in prison, a $10,000 fine or both.