Appeals from the District Court for Lancaster County: STEVEN
D. BURNS, Judge.
P. Newell, of Nebraska Commission on Public Advocacy, for
J. Peterson, Attorney General, and Austin N. Relph for
C.J., WRIGHT, CONNOLLY, MILLER-LERMAN, CASSEL, and KELCH, JJ.
STACY, J., not participating.
D. Carr argues that the court abused its discretion by not
allowing him to withdraw his guilty and no contest pleas
before sentencing because of newly discovered evidence. After
the court accepted Carr's pleas, he deposed a previously
unknown witness whose testimony, Carr contends, would impeach
the State's witnesses. The court overruled Carr's
motion to withdraw his pleas because it determined that the
newly discovered evidence did not exculpate Carr and was not
credible. We conclude that the court did not abuse its
discretion, and we therefore affirm.
2014, the State filed two informations against Carr. In case
No. S-15-921, the State charged Carr with robbery and use of
a firearm to commit a felony for events occurring on
September 11, 2014 (the robbery case). In case No. S-15-922,
the State charged Carr with first degree murder, attempted
robbery, possession of a stolen firearm, and two counts of
use of a firearm to commit a felony (the homicide case). The
State alleged that the homicide case arose from the robbery
and death of Maurice Williams on August 30, 2014.
and the State reached a plea agreement. He pleaded guilty to
the robbery charge in the robbery case, and in exchange, the
State dismissed the use of a firearm charge. In the homicide
case, Carr pleaded no contest to an amended information
charging him with attempted robbery, use of a firearm to
commit a felony, and manslaughter.
accepting Carr's pleas, the court received a factual
basis for the charges. For the robbery case, the prosecutor
[O]n Thursday, September 11th, 2014 at approximately 2:00
a.m., three male individuals contacted the residents of an
apartment [on] Huntington Avenue, Lincoln, Lancaster County,
Nebraska, at the front door. The three individuals said they
were looking for a place to " cool out."
After a short period of time, one of the three individuals
pulled out a black semi-automatic handgun and asked where the
marijuana was. As one individual pointed a gun at and
threatened the individuals in the apartment . . . the other
two searched the apartment and collected [cash and personal
A person who was in the apartment during the robbery
identified the three male individuals responsible as . . .
Carr, Micheal [sic] Nevels and Jomarcus Scott.
[Later], law enforcement contacted . . . Carr and . . . Scott
and they located a . . . handgun during the search of . . .
Scott. . . . Scott admitted to the robbery at [the apartment
on] Huntington with . . . Carr and . . . Nevels.
State gave the following factual basis for the charges in the
amended information in the homicide case:
[O]n Saturday, August 30th, 2014 at approximately 1:03 a.m.,
Lincoln police officers were sent to [an apartment on] "
R" Street, . . . Lincoln, Lancaster County, Nebraska.
[Persons] reported that . . . Williams had been shot. Law
enforcement and emergency personnel found . . . Williams
lying on the floor inside the residence. He was found to have
sustained a single gunshot wound.
He was transported to Bryan LGH West Hospital and soon
thereafter pronounced dead. The cause of death was determined
to be from the single gunshot wound.
. . . Carr was identified as a suspect when a witness
reported to law enforcement that . . . Carr had stated he
shot . . . Williams with a rifle during a robbery attempt. A
rifle . . . was sent to the Nebraska state laboratory, along
with a bullet recovered from [the apartment on] "
R" Street, and the items were found to be a ballistic
The laboratory located a fingerprint on the rifle that
matched . . . Carr's left middle finger. Law enforcement
located a photograph on social media as well as on . . .
Carr's phone depicting . . . Carr holding the rifle.
Several individuals agreed to law enforcement interviews
after August 30th, 2014. From these interviews, law
enforcement learned that . . . Carr and three others planned
to rob . . . Williams of marijuana and money. They rode
together in a vehicle to [the apartment on] " R"
Once there, one of the four made the secure residence
accessible, and . . . Carr and another went into the
residence. . . . Carr had the rifle and held . . . Williams .
. . at gunpoint while the other person looked for money in
the bedroom. . . . Williams was heard to say to . . . Carr
that they " weren't going to do him like that."
As Williams attempted to walk past . . . Carr and toward the
bedroom, the rifle discharged and a bullet struck . . .
Williams, fatally injuring him.
. . . Carr and the other person then quickly left the
residence, got into an awaiting vehicle occupied by the two
others involved in the planning of ...