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McCook Gazette

Driver in Arapahoe case serving time in North Platte

Friday, January 23, 2009

NORTH PLATTE -- The man accused of killing an Arapahoe woman as he allegedly drove drunk in October 2007 is now serving 30 days in jail on another driving while intoxicated charge, this one in Lincoln County.

The Lincoln County DWI charge against Herchel Huff, 36, of Grant and Holbrook, was reduced from third offense to second offense. Three charges of third degree assault and carrying a concealed weapon were dropped in the plea bargain made in October 2008, according to a news story in the Jan. 21 edition of the Arapahoe Public Mirror.

Lincoln County District Judge Kent E. Florom gave Huff credit for time served (about 20 days), fined him $500 and took away his driver's license for a year.

Huff has pleaded not guilty to charges of motor vehicle homicide (which includes the violation of driving while intoxicated), tampering with a witness and refusal to submit to a chemical test in the death of Kasey Jo Warner, who died Oct. 3, 2007, when she pushed her young daughter out of the path of Huff's oncoming car on a county road southwest of Arapahoe. The little girl lived; Kasey did not.

Huff has pleaded guilty to manslaughter in Warner's death, and has requested that the testimony of a law enforcement officer be suppressed.

Furnas County Attorney Tom Patterson and Mike Guinan of the Nebraska Attorney General's office have until Thursday, Feb. 5 to respond to a plea from Huff's attorney submitted Jan. 20 to Furnas County District Judge James Doyle IV seeking to dismiss all charges since Huff has pleaded guilty to manslaughter.

Huff's attorney, Charles Brewster of Holdrege, told Judge Doyle during a hearing in Lexington in December, "Mr. Huff should not be tried on two felonies for causing the same mishap."

Manslaughter is a Class III felony with a penalty of up to 20 years in prison, a $25,000 fine or both.

Motor vehicle homicide is a Class II felony with a penalty of up to 50 years in prison.

Tampering with a witness is a Class IV felony with a penalty of up to five years in prison, a $10,000 fine or both.

Refusing to submit to a chemical test is a Class IIIA felony with a penalty of up to five years in prison, a $10,000 fine or both.

Judge Doyle set Huff's bond at $2 million cash during the Lexington hearing in December; Huff was taken then to the Furnas County jail in Beaver City. He has not posted bond.

Huff is serving his time on the Lincoln County sentence in the jail in North Platte.

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  • I don't understand why it is that this monster is even being allowed to place any plea agreement suggestions!! More over I don't understand why the proposed plea is even being considered!! This man has demonstrated that he is not capable of following the laws of Nebraska and does not deserve to be out in the general population of the world!! He has killed one person and is darn lucky that he hasn't killed anyone else from the sounds of his track record with DUI's and other traffic violations. He has a obvious disrespect for the law as well as those that enforce it. This monster should be put away for life if not for his own safety for that of the world around him. How many chances does one person deserve?? What does he have to do, that he hasn't already done, to show that he isn't worthy of life outside bars and armed guards??

    -- Posted by FormerMcCookie on Fri, Jan 23, 2009, at 12:14 PM
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  • He must be related to Judge Doyle as I have never seen anything like it ever in my life!

    -- Posted by Lydia on Fri, Jan 23, 2009, at 1:32 PM
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  • Why was the charge of third offense reduced to second offense? This worthless person has taken away a good part of society, and should pay the price!

    -- Posted by j_trail on Fri, Jan 23, 2009, at 4:11 PM
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  • Looks like another county attorney wimped out. He/she went for A conviction, instead of THE conviction, a 2nd offense instead of the 3rd offense. Time to get rid of them, and Huff too.

    -- Posted by Hugh Jassle on Fri, Jan 23, 2009, at 8:58 PM
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  • This character sure has gotten his way. Remember people, this is a game on who wins. Lawyers who defend this jerk are trying to win to make a name for themselves. I agree on what was done to reduce the charges is bogus. All testimony needs to be heard. Keeping one from testifying is bogus. All the charges should be to the MAX.

    We all need a miracle to put him behind bars for good.

    -- Posted by edbru on Sat, Jan 24, 2009, at 1:09 PM
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  • I disagree completely that he should not face 2 felony charges for the same incident. The actions that Mr. Huff took, knowing that he was in violation of the law, resulted in the death of a person, that is manslaughter. During this time he operated a motor vehicle and did not take the appropriate action to avoid hitting Casey. That is motor vehicle homicide. He should be charged with manslaughter because the day of the incident he was drinking and his lack of good judgement directly caused the death of someone, he should be charged with motor vehicle homicide because a motor vehicle was involved. I think he should get 75 years. Send him to Tecumseh, deny him protective custody during his incarceration, and tell all of general population that he is a child molester. At this point you can probably rest assured that he wont make it to parole either.

    the legal system in Nebraska sickens me, all of the plea bargains are taken to cut corners and operate within a budget, this also reduces the likelihood of having to address numerous appeals. Go Ahead, take my tax money and put this joker away! Or better yet, set him free in Arapahoe and turn your back while the many families that have been harmed by this guy administer a little cajun justice.

    -- Posted by seentoomuch on Mon, Jan 26, 2009, at 11:48 AM
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  • It is a crazy world...we have people who have been busted for drugs and robbery who have gotten more time in prison than what this man could get. I feel that he has shown nooooo remorse for his action...how many DUIs has he had??? After he killed this beautiful mother, wife, sister, and friend...how many times has he broken the law? People like him....who have no remorse should just be shot themselves! They dont deserve to be in society, all they do is bring misery to other peoples lives! Our justice system needs to let him loose in the Arapahoe area and let the family and friends of our beloved one take care of him and save our tax payers all that money, heck make a donation to the family instead of wasting it on the this piece of work!!

    -- Posted by unforgiveable on Fri, Jan 30, 2009, at 8:11 AM
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  • When does this joker go to trial? Enough already, send his deadbeat self to prison!

    -- Posted by Lydia on Wed, Mar 4, 2009, at 10:45 PM
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  • I knew his wife when she lived in MO. She actually lived with us a short time before moving to NE. I was recently looking for her when I found this story. This is so terrible, I lost my mother when I was young, not that young but I feel for those little girls who will never see their mother again.

    -- Posted by knewhiswifeinmissouri on Sun, Mar 28, 2010, at 8:26 AM
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