Masked assailants back in court

Wednesday, March 12, 2014

McCOOK, Nebraska -- A pair of men sentenced to jail time in 2012 after forcing their way into several local homes, wearing bandanas to hide their identity and assaulting residents that they startled awake in many instances, were both back in court this month facing new felony charges.

30-year-old Joshua R. Knappert of 916 West L Street and 22-year-old Nicholas R. Clapp of McCook face felony offenses for unrelated crimes this time around. Knappert accepted a plea agreement admitting guilt to felony drug possession and Clapp accepted his own plea admitting guilt to felony theft and misdemeanor operation of a motor vehicle to avoid arrest.

Knappert's plea agreement admitted guilt to a Class IV felony offense for possession of methamphetamine and dismissed infractions for failing to use a turn signal and possession of drug paraphernalia. The charges stem from a Feb. 24, 2013, traffic stop by the Nebraska State Patrol on East B Street.

Knappert was subsequently scheduled for sentencing at 9 a.m. on May 5, 2014, in Red Willow County District Court.

Clapp was arrested after a high speed chase during which he crashed a stolen vehicle on County Drive 715. He bragged to arresting officers that he was traveling at speeds in excess of 135 miles per hour in the stolen Nissan 350z belonging to Bobbi Allen and Tracy Loper, according to court documents. The stolen vehicle was estimated to have sustained at least $3,000 in damage.

The vehicle had been reported stolen less than an hour prior to it being spotted traveling on B Street by a McCook police officer. When the officer turned around to stop the vehicle, Clapp turned onto Federal Avenue and attempted to accelerate away, prompting the chase and his crash into a ditch less than seven miles away.

Clapp was originally cited with a Class III felony offense for theft by unlawful taking; a Class IV felony offense for willful reckless operation of a motor vehicle to avoid arrest; a Class III misdemeanor for willful reckless driving; a Class II misdemeanor for operation of a motor vehicle on a revoked driver's license; an infraction for possession of drug paraphernalia; as well as a charge for driving under the influence and refusing a preliminary breath test and chemical test.

Red Willow County Attorney Paul Wood did not pursue the DUI or refusal charges and subsequently offered Clapp a plea agreement dismissing all offenses except for the felony theft charge and a reduced Class I misdemeanor version of the operating a motor vehicle to avoid arrest charge.

Clapp was subsequently scheduled for sentencing on the two remaining offenses, a Class III felony theft charge and a Class I misdemeanor operation of a motor vehicle to avoid arrest offense, at 10 a.m. on April 7, 2014.

The chase and Clapp's arrest occurred at just prior to 4 a.m. on Jan. 14, 2014. That date is 407 days after he was sentenced to 718 days in county jail, during a Dec. 3, 2012, Red Willow County District Court sentencing. The 2012 sentencing stemmed from the home invasion offenses which resulted in Clapp's conviction on seven Class I misdemeanor third degree assault offenses and one Class III misdemeanor offense of disturbing the peace.

Offenders sentenced to county jail in Nebraska receive similar "good time" credits of one day for every one day served.

Knappert was convicted of three Class I misdemeanor offenses of third degree assault for his role in the 2012 home invasions. He was sentenced in July 2012 to 45 days in jail on each count, to be served at the same time. He was also given credit at sentencing for 31 days in jail already served.