GRAND ISLAND, Nebraska (KSNB) – The final two suspects in the murder of Todd Scherer in Fonner Park last year have learned their fate.
Both Austin Kelly and Lane Harris appeared before Hall County District Court judges on Wednesday.
AUSTIN KELLY
First in line for the day was 18-year-old Austin Kelly, who was found guilty of conspiracy to commit robbery earlier this year after responding to a deal with prosecutors in the case.
Judge Andrew Butler sentenced Kelly to 18 to 38 years in prison with 48 days credit. He will be eligible for parole after serving nine years.
But before the verdict was announced, Kelly’s defense attorney recounted Kelly’s difficult childhood. He also said Kelly showed remorse and took responsibility for taking Scherer’s wallet and not calling the police.
His attorney also argued that Kelly was never violent, saying Logan Hunt’s Horse hit Scherer with the bat. The state argued that this was not true, saying that the third suspect, Lane Harris, said Kelly hit the victim in the head with the bat.
Kelly’s attorney told the judge that Kelly has graduated from high school and held a job since the crime. The attorney added that Kelly has no criminal record and was not the only one who could have prevented Scherer’s death.
The defense had asked the judge for a suspended sentence to enable him to undergo therapy.
Austin Kelly then took the time to apologize to anyone who was hurt by this, saying none of it should have happened. He said he only came to help a friend and repeatedly said he was sorry. Kelly was only 16 at the time of the crime.
Judge Butler acknowledged that Kelly had made progress since the day of the murder, but said a lesser sentence would not do justice to the nature of the crime. He said Kelly did not intervene when he realised a crime was being committed and he was also identified as the person who struck the victim with the bat.
LANE HARRIS
Then, just over an hour later, it was 18-year-old Lane Harris’ turn.
Defense attorney Robert Alexander requested probation for Harris, saying he regrets the incident and is being treated at the Mid-Plains Center for Behavioral Healthcare Services.
On the night of the murder, after Scherer was shot, Harris drove Hunt’s horse and Kelly to Walmart, where they sat in the parking lot before deciding to go back and get the money, which Harris actually took. Alexander said Harris refused to take Hunt’s horse out of the state as requested.
Prosecutors said Harris’ work and background warranted probation. They said Harris alerted Hunts Horse and Kelly after the shooting that Scherer was still alive, but chose not to call police. They interpreted this as his attempt to get help and show remorse.
Alexander argued that it was not Harris’ legal duty to call the police, but a moral one, adding that Harris was shocked by the incident.
The state also said that Harris did not understand the seriousness of the crime based on certain statements made during questioning by detectives.
Harris then took a moment to apologize to the family before delivering his verdict.
Judge John Marsh sentenced Harris to 90 days in the Hall County Jail and four years of probation. The judge said he received this sentence because he did not directly cause the death.
Logan chases horse
Just last month, 21-year-old Logan Hunts Horse of South Dakota was sentenced to 88 to 134 years in prison for second-degree murder and use of a deadly weapon to commit a felony. The judge ordered that he must serve at least 64 years before being eligible for parole.
MURDER IN FONNER PARK
On March 9, 2023, 62-year-old Todd Scherer of Lincoln was killed at a horse stable in Fonner Park. Police said Hunts Horse admitted to shooting Scherer in the stomach with a handgun. He then left the scene and later returned. When he returned, he found Scherer still alive and then beat him to death with a baseball bat.
Court documents state that Scherer’s wallet was then removed from his pants pocket and that Hunts Horse, his girlfriend, Austin Kelly and Lane Harris then shared the cash in the wallet.
Click here to subscribe to our daily KSNB Local4 newsletter and breaking news alerts sent directly to your email inbox.
All rights reserved.
