The 8th Circuit Court of Appeals has overturned two men's murder convictions and life sentences for a 2018 home-invasion robbery that left a 36-year-old Lincoln woman dead.
The ruling had to do with how Tawhyne Patterson Sr. and Damon Williams Jr.' cases were charged for Jessica Brandon's killing, and a U.S. Supreme Court decision that came down after their convictions in a similar case.
Williams Jr.
On July 31, 2018, Patterson Sr., Williams and his younger brother, Dante Williams, kicked in the front door of the home where Brandon and Michael Robertson lived, Patterson and Damon Williams with guns in tow.
The brothers went from room to room zip-tying Brandon's children, a friend and the girls' grandmother and taping their mouths shut as Patterson fired off 13 rounds into the stairwell, where Brandon, 36, suffered a fatal gunshot wound.
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Prosecutors said the men were trying to steal marijuana and money from Robertson but left empty handed.
Jessica Brandon
At trial in 2021, they alleged Patterson and Damon Williams had killed Brandon with a firearm during a crime of violence, specifically an attempted robbery under the Hobbs Act, which makes it a federal crime for anyone to impede or affect interstate commerce "in any way or degree" by committing robbery or extortion.
The jury found them guilty of murder, two counts of attempted robbery and a firearms conspiracy. (Dante Williams pleaded guilty on the eve of trial for his role in the crime and got 55 years in prison. The court overturned his conviction, too.)
But last year, the Supreme Court held in a similar case in federal court in Virginia, United States v. Taylor, that a Hobbs Act robbery or robbery attempt does not qualify as a “crime of violence” as defined by statute.
By then, the Nebraska case was on appeal to the 8th Circuit, after U.S. District Judge John Gerrard sentenced them to life in prison on the murder charge, plus 20 years on the attempted robbery and gun charges.
Following the ruling, both sides agreed Patterson's and Williams' convictions and sentences on the murder charge should be vacated in light of the Taylor decision.
But Assistant U.S. Attorney Lesley Woods argued the firearms conspiracy should stand.
On the other side, defense attorneys Michael Tasset and Korey Reiman argued it should be vacated, too, because the government's case had focused on the attempted Hobbs Act robberies to prove it.
In a decision this week, an 8th Circuit panel (Judges Duane Benton, Jane Kelly and Ralph R. Erickson) ultimately sent the case back to district court and directed the judge to dismiss the murder counts and resentence the men on the remaining three counts: two counts of attempted interference with commerce by robbery based on attempted break-ins July 30, 2018, and July 31, 2018, and conspiracy to possess firearms in furtherance of a drug trafficking crime or crime of violence.
In a generally concurring opinion, Kelly said she would've vacated the firearms conviction, too.
Patterson's and Williams' attorneys are expected to ask for the full panel to review the decision on the gun charge.
And the U.S. Attorney's Office in Nebraska didn't respond to a request for comment on the decision and what their next steps may be. Nor did Brandon's mother.
As things stand, Patterson, 30, and Damon Williams, 31, would face up to 20 years on each of the three remaining counts at their resentencing, which hasn't yet been set.
There is no parole in the federal system.
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Remembering Lincoln's homicide victims of 2023
1. Julian A. Martinez
Police found 18-year-old Julian Martinez with one gunshot wound to his chest near 19th Street and Euclid Avenue on Jan. 21 after an argument over with a neighbor over their pet dogs devolved into a fatal shooting, according to authorities.
Prosecutors charged Martinez’s neighbor, 29-year-old Armon Rejai, with first-degree murder in the teen’s death.
In his obituary, Martinez’s family said he cherished his sisters and nephews, who he loved to play video games and roughhouse with. He shared his life and love with his girlfriend and his best friend, along with numerous cousins and relatives, his family said.
2. Rudy Requejo Jr.
Rudy Requejo Jr., who was 22 months old, died at an Omaha hospital March 17 after weeks of suspected abuse and neglect, police investigators alleged in court filings.
Prosecutors charged the boy’s mother, 30-year-old Brittany Cook, and her boyfriend, 32-year-old Joshua Tackett, with child abuse resulting in the child’s death.
His family remembered Requejo Jr.’s infectious joy that, at times, brought previously feuding family members together.
“Junior had a smile that was like gravity,” his aunt said.
3. Ronald Gonzalez Rivas
Ronald E. Gonzalez-Rivas, 45, was one of two maintenance employees at The Lodge Apartments who were run over and killed at the south Lincoln complex on March 27.
A resident of the apartment complex, 27-year-old Taylor Bradley, was charged with six felonies for her alleged role in the brazen attack, including a first-degree murder charge in Gonzalez-Rivas’ death, according to court records.
In a GoFundMe post, his wife of 11 years, Georgina Molina, said she was deeply saddened by his death and asked for prayers for their family. Gonzalez-Rivas left behind two children, ages 19 and 26.
4. Christopher Karmazin
A longtime maintenance employee at The Lodge Apartments in south Lincoln, Christopher J. Karmazin was one of two men killed there March 27 when he and a colleague were run over and killed by a 27-year-old resident, police alleged.
Prosecutors charged Taylor Bradley with six felonies for her alleged role in the hit-and-run attack. She was charged with first-degree murder and use of a deadly weapon to commit a felony in Karmazin’s death.
In a GoFundMe campaign raising money for Karmazin's memorial expenses, family said the Lincoln man left behind three children and a loving wife.
"Chris loved spending time with his friends playing board games and was an avid animal lover," a relative, Garrett Karmazin, said in a post pinned to the fundraiser. “He enjoyed spending time outdoors and working with his hands. His greatest joy was being a father."
5. Damien Brave
Damien I. Brave, an 18-year-old Lincoln man, died in the early morning hours of April 1 after he was shot four times at a house party the night before near 27th and Fair streets.
Police in Michigan later arrested 17-year-old Kashaun M. McCree for his alleged role in Brave's death, thought to have been the result of a robbery gone wrong. Prosecutors charged McCree, who police say fled to Detroit after the shooting, with first-degree murder.
Brave's close friend and family, who launched a GoFundMe campaign to pay for his memorial costs, remembered him as a goofy, fun-loving kid whose beaming smile demanded that others join in.
"If you felt like crap or you felt down, and you got one of his hugs, you just felt like you were safe," his mother, Heidi Brave, said. "I'm the mom. I should have made him feel safe. But the way he just hugged you, it just made you feel like you were something special."
6. Mark Kruger
Mark Kruger, 59, died May 7 after he was stabbed amid an argument at a family gathering that evening near 63rd Street and Baldwin Avenue.
Police arrested Kruger's son, Joseph Kruger, at the scene. The 40-year-old was later charged with first-degree murder and use of a deadly weapon to commit a felony for his alleged role in his dad's death.
In his obituary, Mark Kruger's family described the Lincoln man as a loving father, grandfather, brother and uncle who loved music, concert-going and riding his Harley.
"... He loved to make the world smile," Kruger's family wrote. "He loved camping, fishing and going out on the boat. Mark always, always gave compliments and encouragement to all and he would give the shirt off his back for anyone."
The family also launched a GoFundMe page to help pay for his funeral.
Reach the writer at 402-473-7237 or lpilger@journalstar.com.
On Twitter @LJSpilger
Lori Pilger
Public safety reporter
Lori Pilger is a Norfolk native and University of Nebraska-Lincoln graduate who has been a public safety reporter for the Journal Star since 2005.
