Prosecutors made the motion to dismiss a criminal case against a Lincoln youth connected with the theft of guns and rifles.
the Lincoln Journal Star | Posted: Tuesday, February 5, 2008 6:00 pm
Lancaster County District Judge Jeffre Cheuvront has granted a motion from prosecutors to dismiss a criminal case against a Lincoln youth connected with the theft of guns and rifles from a sporting goods store last year.
The Lancaster County Attorney’s Office filed the motion to dismiss the case against Jameal Gaines, 17, on Monday, about one month after Cheuvront ruled that a weapon seized by authorities at Gaines’ residence was the product of an illegal search.
Cheuvront granted the motion Tuesday.
Authorities have linked three juveniles other than Gaines and a man to the Oct. 1 break-in at Scheels All Sports at SouthPointe that resulted in the theft of four rifles and more than 80 handguns. Charges against the suspects are still pending.
Lincoln police learned shortly after the break-in that Gaines might have information about the theft. Investigators later searched the home Gaines shared with his parents and seized a .40-caliber handgun that might have been among the weapons taken in the burglary.
Gaines’ attorney later filed a motion to suppress the weapon, arguing that investigators conduced an illegal search of the home.
Cheuvront in a Jan. 3 order agreed, ruling that investigators improperly relied upon a standing juvenile court search provision to conduct the search. The search provision was related to a separate Juvenile Court case pending against Gaines.
The judge said the juvenile court probation officer was not present during the search, nor did he direct the investigators to conduct the search for purposes of Gaines’ juvenile court case.