A week after federal officers arrested two people in connection to the disappearance of a 24-year-old Lincoln woman found dead Monday in rural Clay County, the two have yet to be charged or brought before a judge.
"This is not your typical case," Saline County Attorney Tad Eickman said Wednesday.
He said Aubrey Trail and Bailey Boswell both are being held in the jail in Wilber on a federal "person of interest" warrant in the disappearance of Sydney Loofe, last seen Nov. 15 after going on a date with Boswell.
They'd met through the online dating app Tinder.
Trail, 51, and Boswell, 23, lived in Wilber but left town after Loofe went missing. Federal officers arrested them Nov. 30 in the Branson, Missouri, area.
Four days later, on Monday, searchers in Clay County found Loofe's body.
A candlelight vigil is planned for her and her family Saturday at 5 p.m. at Sunken Gardens in Lincoln.
A visitation for Loofe will be Sunday from 4-7 p.m. at Grace Lutheran Church in her hometown of Neligh, and services will be Monday at 10:30 a.m. at the church.
An FBI spokesman said Wednesday afternoon he couldn't confirm yet the cause or manner of Loofe's death until officials get results of an autopsy.
"It's a very fluid situation," spokesman Huston Pullen said.
He said investigators are working diligently on putting a picture together to determine what happened and who was behind it.
"That's the biggest part we're working on right now," Pullen said.
Law enforcement officials suspect foul play was involved.
Pullen said Trail and Boswell are the last two people known to have contact with Loofe, and investigators are interested "in keeping our dialogue open."
Pullen said investigators still are accepting tips from anyone with information.
In Wilber, Eickman said he's waiting for the entire investigative process to progress some more.
Late last month, he charged Trail, a convicted felon and alleged habitual criminal, with illegally possessing a firearm on or between Sept. 1 and Nov. 20.
A judge sealed an affidavit in the case detailing the allegations, and Eickman declined to give details, but a week after he filed the charge, Lincoln police publicly said they were looking for Trail and Boswell in connection with Loofe's disappearance.
Eickman said Wednesday there are a number of things about the case that don't fit the traditional model where a person is arrested, charged and in front of a judge within two days.
"It was important for us to get him (Trail) in custody," he said.
Now, with additional developments, Eickman said, he's looking at the possibility of amending the complaint to add charges.
As for the warrant on the gun charge, Trail hasn't yet been served with the warrant or given a date to appear on the charge, he said.
Similarly, Lincoln City Attorney Jeff Kirkpatrick said he hasn't made efforts to bring Boswell back to Lincoln, where she's wanted for failing to appear last year on two infractions for possession of drug paraphernalia and less than an ounce of marijuana.
If Boswell satisfies investigators that she's no longer a person of interest and is released from Saline County, only then might she be brought back to Lincoln.
"We wouldn't go down to Missouri, ordinarily," Kirkpatrick said.
Here, the federal warrant meant it didn't come down to a question of whether to extradite.
Jan Sharp, a spokesman with the U.S. Attorney's Office for Nebraska, said in general, someone may be taken into federal custody on an arrest affidavit supported by probable cause or a warrant issued by a federal judge. Or someone may be detained as a material witness with a judge's permission.
"Under each of these scenarios, the detained person has certain rights to include the right to a prompt presentment in court and the right to be represented by counsel. Of course, those rights, like all rights, can be knowingly waived by the person detained," Sharp said.