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Man Who Runs Over Atkinson Officer Sentenced

Feb 28, 2024 (0)

Jacob McVay, 23, of Auburn, appeared in Holt County District Court on Monday, Feb. 26. The Honorable Judge Mark Kozisek presided.

McVay faced charges of second degree assault of an officer, a Class II felony; terroristic threats, a Class IIIA felony; and driving under the influence, causing serious bodily injury, a Class IIIA felony.

According to court documents at about 10:22 p.m. on May 24, 2023, Inv. Binkerd with the Holt County Sheriff's Office was asked to investigate an incident which had happened earlier in the evening. 

Sgt. Mincer with the Atkinson Police Department reported he had been ran over by a vehicle in front of a residence in Atkinson. A bystander who witnessed the event, followed the black Chevy Cruz to the motel in Atkinson and provided the license plate number.

When officers arrived, they observed a man, later identified as McVay, the owner of the vehicle, outside smoking a cigarette. When they watched surveillance video, they observed him entering the hotel after the incident and going to his room and then poking his head out and looking around anxiously.

When questioned, McVay stated that he was just the passenger and that his boss was driving.

When Inv. Binkerd arrived and began questioning McVay, he could smell alcohol on McVay. When asked about it, McVay stated he had three or four beers prior to going fishing with some others. He stated he had not had anything since returning.

McVay again stated that his boss had hit the officer and when they returned he exited the passenger side of the vehicle. When told that there were cameras, he stated that he got out of the company pickup and not his car.

The standardized field sobriety tests were administered to McVay. He failed and was arrested.

Inv. Binkerd then investigated the vehicle finding a hand print on the hood, which would match Sgt. Mincers, and grass in the wheel well and frame of the vehicle. He also observed dark tinting on the windows and below the AS1 line, making it illegal and hard to see through.

The officer next questioned McVay's boss and the others that were fishing with him. They all stated that McVay was in his vehicle alone and left 5-10 minutes before the rest. The rest stopped at a gas station on the way back and McVay's car was at the hotel when they returned.

When the officer questioned the bystander who had reported the incident, he stated that he also had been fishing, when he left, McVay was tailgating him and yelling at him.. He pulled over and let McVay go past but then was again tailgated by McVay when he was downtown. He drove to report the incident to Sgt. Mincer when McVay pulled in behind him and yelled at him that he was going to beat him up. The bystander and Sgt. Mincer both approached McVay's vehicle when he backed up and then drove at Sgt. Mincer, striking him. Sgt. Mincer then approached the side of the vehicle, when McVay took off and struck Sgt. Mincer again, throwing him to the ground. As McVay left he drove through the yards of several residences.

Sgt. Mincer collaborated the story and both described or identified McVay as the driver.

When questioning McVay again, he again said that his boss was driving, but after hitting the officer when they returned to the hotel, his boss ran into the field to hide. He then changed his story to say that after hitting the officer they went to the gas station. McVay said he got tired of waiting and returned to the hotel alone which is why he was driving on the surveillance tape.

When reviewing McVay's criminal history, it was determined that he had previously been charged with many of the same charges. McVay was arrested and transported to the Holt County Jail. 

In court this week, McVay was sentenced to imprisonment in the Nebraska Department of Correctional Services. He was sentenced to 48 to 96 months for the assault charge and 12 to 18 months on the terroristic threats charge, these two sentences are to be served concurrently. He was sentenced to 24 to 36 months on the driving under the influence charge, to be served consecutively with the other sentences. He was given credit for 46 days served prior to sentencing. In addition he was ordered to pay court costs of $137 within 90 days of his release and to provided a DNA sample pursuant to the DNA identification Information Act. His driver's license will also be revoked for one year following his release.


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