Fairbury man pleads not guilty in theft of mother’s car; two locals sentenced in plea deals in separate drug possession cases: district court roundup

FAIRBURY, Neb. - At Thursday’s Nebraska district court session at the Jefferson County courthouse, Fairbury resident Jeremy Swartz pleaded not guilty to charges that he stole his mother’s car; Jason Kennedy pleaded not guilty to felony possession of meth; and one local resident was placed on probation and another assessed a fine after both accepted plea deals in unrelated drug possession cases.
State v. Blanche Cain
The 63-year-old Fairbury resident was originally faced with a charge of possession of meth, a Class 4 felony, but had that charge amended to attempted possession, a Class 1 misdemeanor, in exchange for a guilty plea to the amended charge. Counsel for both the prosecution and the state had originally requested that Cain be assigned a fine rather and jail time or probation.
Cain has a past history in a California drug court from a few decades ago but little criminal history since then, defense attorney Lee Timan argued. In his remarks Thursday, Judge David Bargen indicated that he had intended to assign Cain jail time, but was convinced otherwise at Thursday’s sentencing.
“Drug abuse is a serious issue, and it’s something that should be taken seriously,” Bargen began. “As someone who has been through a drug court, you of all people should understand the risks, the implications, the responsibility. You’ve been through a program that was designed to help you alleviate these issues, and so my hope for you is that you will reach back to that experience and remember what you were taught through that program. I just want to caution you to get your life on the right track going forward.”
Instead of that potential jail time, Cain was assessed the maximum possible fine of $1,000, which must be paid within 60 days.
State v. Cory Nutsch
Facing a charge of possession of a controlled substance with a not guilty plea, Fairbury resident Cory Nutsch’s case was scheduled for a trial in January before he accepted a plea deal to amend that charge down to a misdemeanor for attempted possession, similar to Cain’s case.
The similarities end there because Nutsch entered a no contest plea and was found guilty. Bargen sentenced Nutsch to a 24-month probation period. The defendant expressed concerns about sufficiently being able to pay for all the services that the probation process requires, and as he was preparing to leave the courtroom he was hit with a warrant out of Gage County for failure to pay child support.
State v. Jason Kennedy
Fairbury resident Jason Kennedy faces a similar situation, a Class 4 felony charge of possession of methamphetamine along with a second infraction for possession of drug paraphernalia which were assigned in January. The first charge carries a maximum sentence of two years in prison or a fine of $10,000. Kennedy pleaded not guilty on both counts; he will next appear in court on June 12.
State v. Jeremy Swartz
In a completely different type of case, Fairbury resident Jeremy Swartz faces a Class 2A felony charge for theft of property valued at more than $5,000. That’s a charge that carries a maximum sentence of 20 years in jail. In this case, that property is a blue Buick Envoy belonging to Swartz’s mother, Linda Young of Cass County.
According to court documents, the arresting officer identified the vehicle as one that had been reported stolen. Confronted, Swartz said he had permission to take the vehicle because his wouldn’t start when he tried to leave her residence in Eagle. Swartz claimed the vehicle might have been reported as stolen because his phone died and he was unable to contact his family. But Cass County police stated that Young claimed Swartz threatened that he would either take that car or hotwire another one, and that she had plans to file a protective order against him.
Swartz pleaded not guilty to the charge on Thursday and is due back in court on June 12.
State v. Dain Zabokrtsky
The Fairbury resident faces a Class 4 felony charge of violation of a restraining order. The alleged offense occurred back in August 2024; Zabokrtsky has previously been convicted of the same crime, violating a protective order, back in 2020.
Zabokrtsky has pleaded not guilty to the charge. Just since the case was bound over to district court in January, the defendant has been assigned new legal representation and the case has been continued twice. Now, unless there are other changes, the case is set for a jury trial beginning on July 29.
State v. Spencer Fentress
Fentress was arrested in February 2024 and assigned three charges: possession of a deadly weapon (Class 3 felony), possession of a controlled substance (Class 4 felony) and possession of drug paraphernalia (infraction). The case made its way through Judge Linda Bauer’s Jefferson County court before being advanced to District Court in October; on Thursday, county attorney Joe Casson swiftly motioned to dismiss the case without prejudice, eliminating all charges.