HARTINGTON, Neb. — A Hartington man has received another continuance on seven felony charges for allegedly threatening minors with a BB gun in two separate incidents.
Brandon Lee Meyers, 27, was scheduled for a court appearance Monday in Cedar County District Court. However, his lawyer was unable to attend the hearing, according to the district clerk of courts office.
District Judge Bryan Meismer is presiding over the case.
Meyers was scheduled to appear last month but received the first continuance while in COVID-related quarantine and was unable to appear in person.
Meyers is listed as part of two cases, each with four charges. Those charges include terrorist threats, second-degree attempted assault, child abuse and witness tampering. The eighth charge is a misdemeanor.
His next appearance has been set for Dec. 13 at the Hartington courthouse. He is scheduled for a pre-trial conference and motion to revoke bond in his first case and an arraignment in the second case.
In the first case, dated June 12, he faces two counts of second-degree attempted assault, a Class IIIA felony; one count of tampering with a witness or informant, a Class IV felony; and one count of criminal mischief, a Class II misdemeanor.
In that case, Cedar County Dispatch received a report around 11 p.m. of a vehicle shot up by a BB gun. About a half-hour later, a Cedar County deputy met with the two minors, both 16 at the time.
The minors said they were driving past Meyers’ house when he allegedly shot at them with a fully automatic BB gun and broke out a car window. The minors said they both know Meyers and saw him in front of his house where he raised a gun and pointed it at them.
At that point, they then heard the BBs hitting the car, and the driver said he tried to get away and felt what he believed was a BB fly right past his face.
The deputy returned to the scene of the alleged shooting at 606 East Main St. He observed glass fragments in front of the residence, which appeared to be the same type glass as the broken passenger rear window from the minor’s vehicle.
Meyers came out of his residence and said he didn’t know what happened in front of his house or anything about the glass. When asked, Meyers said he had an AR-15 looking fully automatic BB gun, but it was at his old house.
Court records describe the deputy’s conversations with Meyers, including a trip to his old house, and with other parties about the firearm, its location and the alleged incident.
At one point, Meyers allegedly contacted one of the witnesses regarding the alleged shooting, Schultz said in court documents.
In the second case, dated Sept. 4, he faces two counts of terroristic threats and two counts of child abuse, each a Class IIIA felony.
Cedar County Dispatch received a 2 p.m. call from a woman who said her sons, ages 16 and 14, had come home and reported a male subject had stopped them on Main Street in Hartington. The man then threatened the two boys with a gun, the mother said.
Cedar County law enforcement conducted search warrants for the residence at 606 E. Main St. and the 2011 Silver Ford Escape Limited, registered to Meyers.
According to court documents, authorities found “in plain view” of the living room multiple pieces of drug paraphernalia and containers containing a waxy substance.
Meyers was arrested and transported to the Cedar County Jail in Hartington. When shown the airsoft BB guns seized during the search, the two boys said it was the firearm they saw Meyers allegedly pull out his vehicle and hold up when he allegedly yelled at them.
Schultz said he asked the boys if they could see the orange tip on the end of the barrel. They said they didn’t see the orange tip and thought it was a real firearm.
The Dec. 13 hearing will deal with charges in both the first case headed for trial and the arraignment for the second set of charges.
Defense attorney Dennis Morland of Norfolk, Nebraska, indicated during an earlier court appearance that Meyers intended to plead “not guilty” to the second set of charges.
A Class IIIA felony carries a maximum sentence of three years imprisonment, 18 months post-release supervision and $10,000 fine.
A Class IV felony carries a maximum two years imprisonment and 12 months post-release supervision and $10,000 fine.
A Class II misdemeanor carries a maximum sentence of six months imprisonment and a $1,000 fine.
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