Episode Transcript
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Speaker 1 (00:00):
Flash out this story that you've heard this morning about
the guy that's been arrested thirty times and I got
him for stealing a car this last time. And the
big question Shaw Aaron, good morning, Good to have you on,
good to have you back, Good morning, thirty first time
he's been arrested, and I think the reasonable Nebraska is saying,
(00:22):
why was he out here among us after thirty arrests
and five incarcerations?
Speaker 2 (00:30):
Yeah? Great, great question, and good morning Gary. You know,
I think you know Jonathan Neil is the poster child
for repeat offender, and unfortunately he's also the poster child
for poorly thought out prison reform laws. You know, a
few years back, last decade, our state statues were changed
to try to alleviate prison prison overcrowding. And that makes sense.
(00:53):
I mean, we want to try to help folks get
a second chance. If someone gets an addiction lifestyle and
they commit crimes, well if they a second chance, that's great.
Well I don't think a thirty first chance is what
folks are thinking about. So Jonathan Neil, prolific, sea, prolific,
repeat criminal, thirty one times in jail, four times in prison.
(01:13):
This will probably be a fifth prison stint you know
in this case is stolen vehicle. You know, the policy
makers in the state have made it clear they put
pressure on the court system to keep property crime offenders
out of prison. I mean they put a lot of
pressure on county attorneys and the judges to do that.
And so I think we got we got to look
at that because you look at a guy like Jonathan
(01:34):
Neil number one. Unfortunately, in Nebraska now we actually had
misdemeanor auto theft. If you steal a car under fifteen
hundred dollars in value, that's a misdemeanor. You got to
steal a car of over fifteen hundred dollars. It shouldn't
matter such a felony.
Speaker 1 (01:48):
It shouldn't matter how much of the cars.
Speaker 2 (01:50):
I agree auto theft should be an automatic felony. And
the other thing we need to change in the statutes
is you cannot allow these criminals to be stuck in
this perpetual cycle of committing low level felonies over and
over and over again and facing the same small consequences,
whether it's presumpted probation or two years in prison cut
in half, but good time to one. They've got to
(02:10):
work up the felony ladder until they either figure it
out or we locked them away from innocent people. Getting
your car stolen is very disruptive on people's lives, especially
small families that are maybe getting started off or working
poor people trying to work hard, their cargets stolen. Your
(02:30):
entire month is disrupted, your ability to pick your house,
tament is disrupted. Can't be tolerated.
Speaker 1 (02:36):
I lucked up our habitual criminal statue in Nebraska, and
generally one is deemed to be an habitual criminal and
punished by imprisonment for a mandatory minimum of ten years.
But they're talking felonies only here, Aaron right when they
talk about habitual criminal.
Speaker 2 (02:56):
Yeah, And unfortunately that's been watered down in recent years
as well. The ACLU and the soft hearted crowd said, well,
we should only allow the ten year mandatory minimum habitual
criminal in the case of violent felonies, and so they
changed it so that if you commit a series of
non violent quote unquote nonviolent felonies, that you're not eligible
(03:18):
for the ten year mandatory minimum habitual criminal statue. And
again I think that's wrong because to take take take
the plea deals off the table, a lot of times
guys will get charged with a robbery and an auto
theft and no plea deal it down to an auto
theft or a burglary. Well, guess what, nonviolent crime, You're
not eligible for the habitual. So you know, we have
(03:41):
prisons for a reason. That's one of the central things
that government provides to its public is to keep them safe.
We've got to make sure we have ample prison space
to keep guys like Jonathan Neil off the streets and
away from Innison families. I agree.
Speaker 1 (03:54):
I'm bit curious about another thing. Joe and I just
kind of we're shooting the braze about this yesterday. What
would you think we're talking about people who are on
their phones looking at their phones while they're driving. I
know the technology could be developed if it hasn't met
already for manufacturers car manufacturers, so that you could not
(04:16):
operate a cell phone while the car engine is running.
Would you be in favor of that?
Speaker 2 (04:24):
You know, I think we got to look really closely
at the use of mobile devices in Nebraska right now.
It's a secondary offense, not a primary offense, but we
know it's causing a lot of a lot of injury
and calamity. In our community. If you look back at
the history of driving laws, so back when they made
mandatory seat belts, you saw a massive reduction in fatalities.
(04:45):
When they made airbags mandatory, you saw the massive reduction infatalities.
And I think we're to that point now. I think
we're going to have to evolve past the strict libertarian
mindset and say, guys, look like belts and airbags, we've
we've got to find a way to get people off
their phones while they're driving and drop those fatalities. Yet again.
Speaker 1 (05:07):
Yeah, it's just well, Jem Jim saw somebody just the
other day we passed passed him in traffic and they
were actually looking at their phone. You know, somebody could
be somebody's mother, daughter, sister, son, husband, could be killed.
It's just because that exactly exactly. So what's going to
(05:30):
happen to this guy now? The thirtieth thirty first arrest?
Speaker 2 (05:33):
What do you think? Well, he's he's facing I believe
a Class two a phony because the vehicle he stole
a Kia Carnival, which I didn't even know that was
a kid. But you know, once again Kia is being
repeatedly stolen, So watch your Ki as close if you
have one. But you know, he'll hopefully, you know, luckily
we got great prosecutors like Don Klin. I think he'll
(05:55):
look at this for what it is and probably throw
the book at this guy. Uh, I wouldn't be surprised.
And then it all comes down to the judge. You know,
I mean vast majority of our judges in Induglas Kunty
districtcorded great. I think that they will see this for
what it is and hopefully send Jonathan Neil to prison
for the maximum.
Speaker 1 (06:15):
Well, I know we have at least one bedwetter judge,
maybe more, but yeah, most of them are good. Hey,
let me ask you he was also. I want to
make sure I got the incarceration numbers right. He's been
in jail thirty times, prison five times. Is that the
right number? Now?
Speaker 2 (06:31):
This is his thirty first trip to a county jail
to be booked for a local charge and this will
be his fit. If he is convicted and sentenced, it
will be his fifth time sent to prison. He's been
in prison four times already in and out and by
the way, enjoyed automatic good time on That's another thing
(06:53):
you should change on your second and subsequent felony. Good
time should be bye bye, no more good time. It
doesn't make sense, and we got up the consequences on
these repeat e fents.
Speaker 1 (07:04):
How about this for prison reform. Our good time law
means that if you take care of business while you're
in there, we won't add anything to your sentence. That's
the good time. Well, I'm a little bit of a
Darth Vader on that was that.
Speaker 2 (07:17):
How about this for a good time If you actually
do things in there that show you're prepared to be released,
you're gonna stay sober, you've learned a job skill, you're
going to take care of your kids. If you can
show that, then I'd like some flexibility to be able
to take some chances on some guys on a case
and case basis. But you know, far off that. I
just don't think it's it's a risk that innocent people
(07:38):
shouldn't have to be. Indeed,
Flash out this story that you've heard this morning about
the guy that's been arrested thirty times and I got
him for stealing a car this last time. And the
big question Shaw Aaron, good morning, Good to have you on,
good to have you back, Good morning, thirty first time
he's been arrested, and I think the reasonable Nebraska is saying,
(00:22):
why was he out here among us after thirty arrests
and five incarcerations?
Speaker 2 (00:30):
Yeah? Great, great question, and good morning Gary. You know,
I think you know Jonathan Neil is the poster child
for repeat offender, and unfortunately he's also the poster child
for poorly thought out prison reform laws. You know, a
few years back, last decade, our state statues were changed
to try to alleviate prison prison overcrowding. And that makes sense.
(00:53):
I mean, we want to try to help folks get
a second chance. If someone gets an addiction lifestyle and
they commit crimes, well if they a second chance, that's great.
Well I don't think a thirty first chance is what
folks are thinking about. So Jonathan Neil, prolific, sea, prolific,
repeat criminal, thirty one times in jail, four times in prison.
(01:13):
This will probably be a fifth prison stint you know
in this case is stolen vehicle. You know, the policy
makers in the state have made it clear they put
pressure on the court system to keep property crime offenders
out of prison. I mean they put a lot of
pressure on county attorneys and the judges to do that.
And so I think we got we got to look
at that because you look at a guy like Jonathan
(01:34):
Neil number one. Unfortunately, in Nebraska now we actually had
misdemeanor auto theft. If you steal a car under fifteen
hundred dollars in value, that's a misdemeanor. You got to
steal a car of over fifteen hundred dollars. It shouldn't
matter such a felony.
Speaker 1 (01:48):
It shouldn't matter how much of the cars.
Speaker 2 (01:50):
I agree auto theft should be an automatic felony. And
the other thing we need to change in the statutes
is you cannot allow these criminals to be stuck in
this perpetual cycle of committing low level felonies over and
over and over again and facing the same small consequences,
whether it's presumpted probation or two years in prison cut
in half, but good time to one. They've got to
(02:10):
work up the felony ladder until they either figure it
out or we locked them away from innocent people. Getting
your car stolen is very disruptive on people's lives, especially
small families that are maybe getting started off or working
poor people trying to work hard, their cargets stolen. Your
(02:30):
entire month is disrupted, your ability to pick your house,
tament is disrupted. Can't be tolerated.
Speaker 1 (02:36):
I lucked up our habitual criminal statue in Nebraska, and
generally one is deemed to be an habitual criminal and
punished by imprisonment for a mandatory minimum of ten years.
But they're talking felonies only here, Aaron right when they
talk about habitual criminal.
Speaker 2 (02:56):
Yeah, And unfortunately that's been watered down in recent years
as well. The ACLU and the soft hearted crowd said, well,
we should only allow the ten year mandatory minimum habitual
criminal in the case of violent felonies, and so they
changed it so that if you commit a series of
non violent quote unquote nonviolent felonies, that you're not eligible
(03:18):
for the ten year mandatory minimum habitual criminal statue. And
again I think that's wrong because to take take take
the plea deals off the table, a lot of times
guys will get charged with a robbery and an auto
theft and no plea deal it down to an auto
theft or a burglary. Well, guess what, nonviolent crime, You're
not eligible for the habitual. So you know, we have
(03:41):
prisons for a reason. That's one of the central things
that government provides to its public is to keep them safe.
We've got to make sure we have ample prison space
to keep guys like Jonathan Neil off the streets and
away from Innison families. I agree.
Speaker 1 (03:54):
I'm bit curious about another thing. Joe and I just
kind of we're shooting the braze about this yesterday. What
would you think we're talking about people who are on
their phones looking at their phones while they're driving. I
know the technology could be developed if it hasn't met
already for manufacturers car manufacturers, so that you could not
(04:16):
operate a cell phone while the car engine is running.
Would you be in favor of that?
Speaker 2 (04:24):
You know, I think we got to look really closely
at the use of mobile devices in Nebraska right now.
It's a secondary offense, not a primary offense, but we
know it's causing a lot of a lot of injury
and calamity. In our community. If you look back at
the history of driving laws, so back when they made
mandatory seat belts, you saw a massive reduction in fatalities.
(04:45):
When they made airbags mandatory, you saw the massive reduction infatalities.
And I think we're to that point now. I think
we're going to have to evolve past the strict libertarian
mindset and say, guys, look like belts and airbags, we've
we've got to find a way to get people off
their phones while they're driving and drop those fatalities. Yet again.
Speaker 1 (05:07):
Yeah, it's just well, Jem Jim saw somebody just the
other day we passed passed him in traffic and they
were actually looking at their phone. You know, somebody could
be somebody's mother, daughter, sister, son, husband, could be killed.
It's just because that exactly exactly. So what's going to
(05:30):
happen to this guy now? The thirtieth thirty first arrest?
Speaker 2 (05:33):
What do you think? Well, he's he's facing I believe
a Class two a phony because the vehicle he stole
a Kia Carnival, which I didn't even know that was
a kid. But you know, once again Kia is being
repeatedly stolen, So watch your Ki as close if you
have one. But you know, he'll hopefully, you know, luckily
we got great prosecutors like Don Klin. I think he'll
(05:55):
look at this for what it is and probably throw
the book at this guy. Uh, I wouldn't be surprised.
And then it all comes down to the judge. You know,
I mean vast majority of our judges in Induglas Kunty
districtcorded great. I think that they will see this for
what it is and hopefully send Jonathan Neil to prison
for the maximum.
Speaker 1 (06:15):
Well, I know we have at least one bedwetter judge,
maybe more, but yeah, most of them are good. Hey,
let me ask you he was also. I want to
make sure I got the incarceration numbers right. He's been
in jail thirty times, prison five times. Is that the
right number? Now?
Speaker 2 (06:31):
This is his thirty first trip to a county jail
to be booked for a local charge and this will
be his fit. If he is convicted and sentenced, it
will be his fifth time sent to prison. He's been
in prison four times already in and out and by
the way, enjoyed automatic good time on That's another thing
(06:53):
you should change on your second and subsequent felony. Good
time should be bye bye, no more good time. It
doesn't make sense, and we got up the consequences on
these repeat e fents.
Speaker 1 (07:04):
How about this for prison reform. Our good time law
means that if you take care of business while you're
in there, we won't add anything to your sentence. That's
the good time. Well, I'm a little bit of a
Darth Vader on that was that.
Speaker 2 (07:17):
How about this for a good time If you actually
do things in there that show you're prepared to be released,
you're gonna stay sober, you've learned a job skill, you're
going to take care of your kids. If you can
show that, then I'd like some flexibility to be able
to take some chances on some guys on a case
and case basis. But you know, far off that. I
just don't think it's it's a risk that innocent people
(07:38):
shouldn't have to be. Indeed,
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