CUSTER COUNTY— James R. Duncan, 27 of Ord, is headed to the Nebraska Department of Corrections after being sentenced in Custer County District Court. Duncan was found guilty of two counts of robbery back in December.
Duncan had robbed Pump and Pantry on February 14, 2018 and Trotters Whoa and Go on July 31, 2018. Initially, Duncan pled not guilty to multiple charges that included robbery, but in December took a plea deal where he then pled guilty to just the robbery charges.
On Thursday, March 28 Duncan made his appearance in District Court for sentencing on the two counts of robbery. The State, represented by County Attorney Steve Bowers, argued that while Duncan had no criminal history, the fact that he committed the act twice showed he was high risk to break the law again.
The State also mentioned that in a police interview, Duncan apologized to officers for smiling saying that he had never done anything like this. It was asked that 8-10 years be imposed for each count of robbery.
Duncan’s attorney, Mike Borders, argued that while two serious mistakes were made, Duncan has always been employed, never asked for a bond reduction, and also did not have a criminal history.
It was also said that Duncan knew what he had done was wrong and that sitting his days in jail made him truly think about the mistakes he had made. Borders asked that the court sentence Duncan to probation, where he just needed an opportunity to show he could follow the law once again.
Judge Karin Noakes told Duncan that while he had no significant criminal history, he was not an appropriate candidate for probation. From the interviews and the facts from the case, Judge Noakes said that it did appear that he enjoyed the robberies. She also said that she hopes he takes advantages of programs to control his impulses.
Judge Noakes sentenced Duncan to 3-6 years for the first robbery and 3-6 years for the second robbery with both sentences to be served consecutively while also being given credit for 237 days already served. It was also ordered that he pay the restitution of $471 that must be paid no more than three years after his release from prison.
Phil Lundry, 20 of Berwyn, was arraigned in District Court where he could be facing a maximum sentence of 152 years in prison. Lundry was arraigned on two counts of 1st degree sexual assault of a minor (each a class II felony), 2nd degree sexual assault of a minor resulting in injury (class II felony), and tampering with physical evidence to wit deletion of cell phone messages, data, etc. (class IV felony).
Lundry pled not guilty to all of the charges and his case was set for jury trial on June 24 with a pre-trial conference to take place on May 23.
