South Carolina pair face Antelope County judge on felony theft charges

Robert E. Wagle, 35, of Summerville, South Carolina, faced the Honorable Donna Taylor on Monday, Dec. 30, on three felony counts, theft by unlawful taking, more than $5,000, a Class 2A felony; first-degree false imprisonment, a Class 3A felony; and operating a motor vehicle to avoid arrest, a Class 4 felony, all alleged Dec. 5.

Taylor set bond at $200,000, 10% cash, and set a preliminary hearing for Jan. 13. Antelope County public defender Patrick Carney of Norfolk was appointed Dec. 11 to represent Wagle.

The Antelope County complaint was filed Dec. 26, by county attorney Joe Abler.

According to a probable-cause affidavit, Wagle was a "person of interest" in the theft of a 2019 Ford Taurus recovered earlier that morning near the Antelope/Knox county line, on Highway 14. He was later reported to be at the wind farm laydown yard located at 846 Road and 520 Avenue.

When officers arrived at the 846 Road location, Wagle allegedly exited another vehicle and entered a 2017 Dodge pickup owned by Boyd's Electric. A Boyd's Electric employee, Roger Klabenes, jumped into the back seat of the pickup and attempted to remove the keys from the ignition, when Wagle allegedly grabbed Klabenes' arm, put him in a headlock and drove away. Klabenes was able to escape the vehicle and the suspect left the property eastbound on 846 Road at a high rate of speed, pursued by Antelope County Sheriff Bob Moore, Neligh police chief Michael Wright and Nebraska State Patrol trooper Ray Johnson. The officers lost sight of the pickup and other area law enforcement was alerted.

The truck was later sighted on Highway 15 south of Wayne. Multiple agencies pursued the vehicle, which made contact with units from both the Wayne County Sheriff's Department and the Wayne Police Department during the pursuit. An NSP trooper located the pickup about five miles south of Wayne and notified NSP aviation division, which tracked the vehicle to a minimum maintenance road. The suspect fled on foot and was located a short distance from the vehicle by an NSP K9.

Wagle's Wayne County charges include four felony counts: Operation of a motor vehicle to avoid arrest and three counts of assault on an officer using a motor vehicle; and four misdemeanor counts: Resisting arrest, obstructing a peace officer, willful reckless driving and operating a motor vehicle during suspension or revocation. The Honorable Ross Stoffer appointed Wayne County public defender Kathleen Jorgensen as counsel and set bond at $750,000, 10% cash, during a telephonic hearing Dec. 16, from the Antelope County Law Enforcement Center in Neligh, where Wagle is housed.

Jennifer L. Capps, 37, is also scheduled for preliminary hearing Jan. 13, on a charge related to the stolen Taurus.

Capps, who is also housed at the Antelope County Jail, pending posting of bond in the amount of $25,000, 10%, is charged with theft by receiving stolen property, more than $5,000, a Class 2A felony. Abler filed the amended charge Monday, dropping two misdemeanor counts filed last week, false reporting and obstruction of a police officer. Martin Klein of Neligh was appointed Dec. 11 to represent her.

Using an alias, Capps allegedly contacted nearby residents, stating she had a physical fight with her boyfriend and the car ran out of gas. An NSP officer responded to a call from the female resident, who indicated her husband was giving the woman, later identified as Capps, a ride to Neligh. The trooper made contact with the husband and the woman later identified as Capps, along the highway in the area of the 14/20 junction.

Capps, who allegedly identified herself as Jennifer Mcelean and provided a date of birth that was later determined to be inaccurate, recanted the statement she had been assaulted.

The trooper then proceeded to the location of the un-plated 2019 Ford Taurus, which was later identified as stolen from a Texas rental agency. Three other individuals in the area were questioned and all denied being the driver of the vehicle, which was locked with the trunk open. Georgia and Oklahoma license plates were viewed in the trunk. A record check indicated the Georgia plate belonged to a vehicle reported stolen Nov. 26 in Texas. The VIN matched the Taurus.

When informed the defendant had tried to obtain a ride from passing motorists, the trooper transported her to the site of the stolen vehicle while the investigation continued. Due to no evidence at the time, Capps was then driven back to Neligh and was not detained, according to the probable-cause document. Her identity was later determined through social media and contact with the Berkley County, South Carolina, sheriff's office. A record check revealed a Texas warrant for her arrest. A search warrant was also obtained for the Taurus, which netted documents allegedly identifying both Wagle and Capps. In addition, the car keys and Wagle's wallet were allegedly found in the area where the car was found.

Capps was later found walking along 846 Road when officers responded to the wind farm, and she was placed under arrest by NSP trooper Brandon Viterna.