Auburn man imprisoned for running over Atkinson police officer

An Auburn man will spend at least the next three years in prison after hitting and injuring an Atkinson police officer in May 2023.

Jacob L. McVay, 23, of Auburn faced the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill on Monday to be sentenced for three crimes - Count I, assault officer/health care professional, a Class 1D felony; Count II, terroristic threats, a Class 3A felony; and Count III, driving under the influence of alcohol – cause serious bodily injury, a Class 3A felony.

Originally charged with 11 counts, first-degree assault on an officer; window tint violation, willful reckless driving, following too close; leaving scene of injury accident; disturbing the peace, false reporting, obstructing a peace officer; terroristic threats; third-degree assault; and operate a motor vehicle to avoid arrest; he pleaded no contest to the three counts included in the amended information filed by Holt County attorney Brent Kelly on Dec. 14, 2023, pursuant to a plea bargain.

On Count I, Kozisec sentenced McVay to not less than 48 months, nor more than 96 months in an institution under the jurisdiction of the Nebraska Department of Correctional Services; On Count II, not less than 12 nor more than 18 months; and on Count III, not less than 24 nor more than 36 months.

The sentences for counts I and II are ordered concurrent to one another.

The sentence for Count III is ordered consecutive to the others. He was given credit for 46 days served prior to sentencing.

McVay must serve three years, less 46 days, before becoming eligible for parole and five and one-half years, less 46 days, before his mandatory release, provided he loses none of his good time.

McVay’s driver’s license was revoked for one year and he was ordered to pay $137 costs of prosecution.

Prior to passing sentence, Kozisec noted:

“This incident caused serious injuries to a law enforcement officer engaged in his official duties; the explanation given by the defendant makes it hard to excuse his behavior. It would appear that he simply had a bout of road rage with little provocation, or that any provocation was a result of his own actions; ...of particular concern is defendant’s penchant to misuse an automobile...finally, any sentence less than a term of imprisonment would depreciate the seriousness of the offense and promote disrespect for the law.

McVay was represented by Holt County public defender Rod Smith.

He was remanded to the custody of Holt County sheriff Ben Matchett to be taken to the Nebraska Penal and Correctional Complex near Lincoln for execution of sentence.