Local Court News, (Central Nebraska Today)
GRAND ISLAND – The Nebraska Court of Appeals has upheld the sentence of a man involved in a shooting and robbery case at Fonner Park.
Austin Kelly, who was 18 when he was sentenced in August 2024, was sentenced to 18 to 38 years in prison for felony conspiracy to commit a robbery.
Robbery and two counts of being an accessory to a felony were dismissed.
On March 9, 2023, Grand Island police found Todd Scherer inside of his tack room within the R Barn at Fonner Park. He had a single bullet wound in his stomach and a large laceration on the back of his head. He was deceased.
In his appeal, Kelly said that his attorney was ineffective in various ways and that his sentence was excessive. Kelly claimed that his attorney was ineffective in failing to appeal the denial of his motion to transfer the case to juvenile court.
“Although our record contains the transfer proceedings, it does not contain any information regarding trial counsel’s decision not to appeal. We are therefore unable to review this claim on direct appeal,” the Court of Appeals ruling said.
Kelly also said that his attorney was ineffective in failing to request an investigator be appointed to assist his attorney and Kelly in trial preparation.
“We find this claim is insufficiently pled,” the court ruling said.
Kelly also claimed that his attorney was ineffective in failing to request a psychological evaluation for purposes of sentencing.
“It is not sufficient for us to review this claim on direct appeal,” the Court of Appeals ruling said.
Kelly said that the length of his sentence was excessive.
“We disagree,” the Court of Appeals ruling said.
“The district court acknowledged that this was a very violent situation in which an individual had lost his life. It noted that while Kelly had not pulled the trigger, he went back and stole the victim’s wallet,” the court ruling said. “The district court also stated that Kelly was not remorseful during his interview with police and that it took a lot of discussion before Kelly became honest.”
The Appeals Court ruling said that Kelly’s claims that his attorney was ineffective in failing to appeal the denial of his motion to transfer to juvenile court and to request a psychological evaluation for purposes of sentencing are preserved for postconviction review.
On May 1, 2024, Logan. C. Hunts Horse, 21, of Wounded Knee, S.D., reached a plea agreement in Hall County District Court.
Hunts Horse pleaded guilty to second-degree murder and no contest to felony using a deadly weapon to commit a felony. He was sentenced to 64 to 94 years in prison for second-degree murder and 24 to 40 years in prison for using a deadly weapon to commit a felony. The sentences are to be served consecutively.
According to a Grand Island Police Department probable cause statement, after Scherer was struck with a baseball bat in the back of his head, Kelly took Scherer’s wallet from his pants pocket, and the wallet contained cash. Kelly said he and Hunts Horse wanted to take Scherer’s wallet because they needed money for gas.
