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United States v. Weverka

United States District Court, D. Nebraska

August 28, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY TODD WEVERKA, Defendant.

          FINDINGS, RECOMMENDATION, AND ORDER

          Cheryl R. Zwart United States Magistrate Judge.

         Defendant Weverka has moved to dismiss the indictment, arguing the government cannot prove the charges. (Filing No. 26). Defendant alleges that under the facts of this case, the government cannot prove the charge of misprision because Defendant's alleged failure to notify authorities and his concealment of criminal conduct was protected activity under the Fifth Amendment. For the reasons stated below, the motion should be denied.

         BACKGROUND

         Defendant faces an indictment for misprision of a felony. The indictment alleges that in January of 2017, “M.P.” (Mike Parsons) was the subject of an arrest warrant issued by a judge of the Circuit Court of Tipton County, Tennessee. M.P. allegedly fled Tennessee by piloting a private airplane to British Columbia, Canada, and stopped en route for the night at the airport in Arapahoe, Nebraska. The indictment alleges Weverka, the President of the Arapahoe Airport Board, allowed M.P. to spend the night on the Arapahoe airport premises, and on January 12, 2017, M.P. was arrested on the Tennessee warrant and housed in the Furnas County, Nebraska jail pending extradition.

         The indictment alleges that while MP. was in jail, S.H. (Sue Holland) initiated plans to kidnap both the presiding judge for the Tennessee criminal matter and the Sheriff of Furnas County, Nebraska to transport them to Canada on charges brought against them by the “Universal Supreme Court of the Tsilhqot'in Nation, ” (USCTN). S.H. refers to herself as the USCTN Chief Justice, purporting to represent the “country” of Chilcotin in British Columbia, Canada: MP. is an alleged USCTN Ambassador and Associate Chief Justice.

         The indictment alleges:

• Between January 11, 2017, and March 8, 2017, Weverka learned of the plot to kidnap the Furnas County Sheriff but he continued to speak with S.H. and others he believed to be working with her.
• Between February 21, 2017, and March 8, 2017, Weverka allegedly disclosed to S.H of the home address of the Furnas County Sheriff.
• Between March 10, 2017 and March 17, 2017, Weverka spoke with the Furnas County Sheriff on several occasions and warned the Sheriff that his life might be in danger, advising him to be cautious. But Weverka did not disclose the plan to have the Sheriff abducted, and he made false statements to the Furnas County Sheriff.
• On March 16, 2017, Weverka met with an individual he believed was involved with the kidnapping plot, showed him M.P.'s plane, and advised that upon notice, Weverka would assure the plane was ready to fly, with the key in the ignition, but he wanted to be involved only “with the airplane, ” explaining he believed MP. was being treated unfairly in the Tennessee proceedings.

         Count One of the indictment alleges that between February 21, 2017, and March 17, 2017, in the District of Nebraska:

[T]he defendant, ANTHONY TODD WEVERKA, having knowledge of the actual commission of a felony cognizable by a court of the United States, to wit, Solicitation to Commit a Crime of Violence in violation of 18 U.S.C. § 373 and Attempted Kidnapping in violation of 18 U.S.C. § 1201 (d), did conceal the same by false statements, substantial omissions of material facts and continuing to provide assistance to those whom he believed were attempting to commit such crimes, and did not as soon as possible make known the same to some judge or other person in civil or military authority under the United States[.]

         (Filing ...


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