Bobbi Myers sentenced in child abuse case, Boomgaarn pleads not guilty to minor enticement: district court roundup
FAIRBURY – Bobbi Myers was sentenced to more than 150 days in jail on two separate child abuse misdemeanor charges, and Donald Boomgaarn Jr. pleaded not guilty to the charge of attempted minor enticement among a whole host of cases heard by Judge David Bargen on a full Thursday at the Jefferson County District Court.
State v. Bobbi Myers
Thursday’s decision brings to a close one chapter of a child abuse saga that stems from at least 2022. Myers, a Fairbury resident, was arrested in the middle of 2024 on two charges related to child endangerment and abuse: exposing a child to a situation that would endanger their health or would place them in a position to be sexually abused; and failing to report claims of prior sexual abuse. The second count is a Class 3 misdemeanor, and the first count, initially a felony, was amended to a Class 1 misdemeanor, an important distinction now, a few months later, at the ultimate time of sentencing.
The case against Myers argued that a teenager – identified Thursday by the prosecution as Myers’ daughter – reported to Myers that she had been threatened and abused on multiple occasions by Brandon Myers, the defendant’s husband and victim’s stepfather. The defendant, the case argues, did not act on those claims but instead told the victim to scream loudly if Brandon advanced upon her again.
“She did not believe the abuse was happening if she did not see it for herself,” prosecuting attorney Gail VerMaas stated Thursday. “She has a bit of a blind spot when it comes to her husband.”
In her statement at Thursday’s sentencing, VerMaas claimed the defendant’s children all live with her sister, and refuse to return to Myers as long as she continues to live with her husband, Brandon, who stands accused in a separate but directly related case that was also heard Thursday.
“There’s more to parenting than just feeding and providing for children,” VerMaas continued, “You also have to protect them from predators.”
Myers’ defense argued that probation would be a better pathway to improvement, for all involved, than incarceration.
“She’s lost her job, her house, was jailed for 24 days. She’s seen her family ripped apart, and now has to pick up the pieces of her life and put it all back together,” defense attorney Gregory Kratz said.
The court did not agree with that position. Instead, Bargen concluded Thursday, in this case imprisonment is necessary for the protection of the public.
“This court takes very seriously any crimes against children,” Bargen said in his address to Myers. “What you have been convicted of can perpetuate existing crimes. Failure to report abuse is tantamount to not taking any effort to stopping it from happening.”
Myers was sentenced to concurrent sentences of 180 days in jail for the first count of child abuse and 90 days in jail for the second count of failure to report, beginning on Thursday. Myers receives credit for 24 days of time already served, and could earn her release in as little as 74 days.
State v. Brandon Myers
The separate but very much related case against Bobbi’s husband was heard earlier Thursday. Brandon faces three charges, including the intentional commitment of child abuse and third degree sexual assault of a child, both of which are Class 3A felonies.
It’s in a much earlier stage of the process, and the next step has been continued to March. In his request for the continuance, Myers’ attorney, Ben Murray, stated that they are planning to work with Bobbi Myers as a key witness in Brandon’s case, knowing that a sentence for Bobbi was still to come.
State vs. Maryann Flinn
Originally arrested in December 2022 on a pair of possession charges (Class 4 felonies), Flinn had those charges reduced to attempted possession (misdemeanors) and was granted probation in mid-2023. Now, Flinn returns to court with some of her probation requirements not completed. Her camp requested an extended probation, giving Flinn the chance to work through some issues they say had emerged in recent weeks.
“I can do this,” Flinn said in her final self-defense.
Bargen said that he acknowledged there may be some extenuating circumstances, but Flinn’s efforts to complete her requirements were “too little too late.”
“Probation was your second chance, and the court is not inclined to give a third chance,” Bargen said in his address to Flinn.
A visibly distraught Flinn was sentenced to two concurrent sentences of 365 days in jail, starting on Thursday, with 14 days credit for time already served. She could be released in as little as 176 days, close to six months, if other conditions are met.
State vs. Richie Styers
Arrested late in 2024, Styers faces four separate counts, including a pair of Class 2 felonies, burglary and use of a deadly weapon to commit a felony, the latter of which could carry with it up to 50 years in prison if convicted.
Styers pleaded not guilty to all four counts Thursday, and he will advance to a pretrial hearing on February 6.
State vs. Donald Boomgaarn Jr.
The case of the Fairbury man who was arrested in the city park by an outside sting organization in October has moved on to district court. That’s a significant milestone, because there was a chance this case could have been dismissed entirely last month before it was ultimately extended into district court.
The key questions in this case were whether there was enough admissible evidence to keep the prosecution’s case afloat, and what the charge actually should be: since the accused never actually communicated with a minor, county court determined that there could be no enticement of a minor, but did conclude that there was an attempt to entice a minor – that was enough to advance the case to district court this month.
Boomgaarn pleaded not guilty on Thursday to his lone charge of attempted child enticement through use of an electronic device. That carries a maximum sentence of up to 50 years; the pretrial hearing is slated for March 6.
State vs. Lynn Vieselmeyer-Scheets
Vieselmeyer stands accused of first-degree sexual assault on Halloween 2024, where he “subjected another person to sexual penetration without consent,” according to court filings. He pleaded not guilty to the charge, a Class 2 felony that carries a max sentence of 50 years, on Thursday, and will next be seen in court on March 6.