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Omaha Resident Sentenced in Nemaha Co. District Court on Multiple Felony Charges

Omaha resident Vieng A. Bouaphakeo was sentenced on March 3 in the District Court of Nemaha County, with the Honorable Daniel E. Bryan, Jr., presiding, for six felony charges.


Bouaphakeo faced the following charges:
Count I – Flight to Avoid Arrest, a Class IV Felony
County II – Attempted Assault on an Officer in the Second Degree, a Class IIIA Felony
County III – Attempted Assault on an Officer in the Second Degree, a Class IIIA Felony
County IV – Attempted Assault on an Officer in the Second Degree, a Class IIIA Felony
County V – Criminal Mischief, a Class IV Felony
County VI – Assault in the Second Degree, a Class III Felony
The charges were made against Bouaphakeo following an August 15, 2009 incident, in which Bouaphakeo was involved in a high speed chase with several law enforcement departments.
The incident involved Bouaphakeo entering Nemaha County on U.S. Highway 136 from Johnson County and he proceeded driving east to Highway 67 at the Nemaha corner and then traveling south as far as Indian Cave State Park. He then traveled west on  Highway 62 through Shubert and Stella. He proceeded to turn right onto Highway 75 and traveled north towards Auburn until he crashed the vehicle.
According to court documents, Count I involved  Bouaphakeo using a stolen vehicle to avoid arrest and the willful reckless operation of a vehicle to avoid arrest.
Count II involved Bouaphakeo intentionally, but not premeditated, attempting to cause the death of another person, with that person being named Nemaha County Sheriff Deputy Kris Baker.
Count III involved Bouaphakeo engaging in conduct intended to intentionally or knowingly causing bodily injury with a vehicle to a peace officer, who was listed as Nebraska State Patrol Trooper Jason Jones.
Count IV involved Bouaphakeo intentionally engaging in an action in which he intended to use the vehicle to cause bodily injury to a peace officer, who was named Deputy Charles Menezes with the Richardson County Sheriff’s Office.
Count V involved Bouaphakeo intentionally causing damage to a State Patrol cruiser, damage cost estimate was $1,500 or more.
Count VI involved Bouaphakeo intentionally trying to cause bodily injury with the vehicle to a peace officer, who was Trooper Jones.
A total of 33 witnesses to the incident were named in the court documents.
March 3 Hearing
During the March 3 hearing, Bouaphakeo told the judge he was ready to proceed with the sentencing. The court did not find the defendant a proper candidate for probation.
Judge’s Ruling
Bryan sentenced Bouaphakeo on the Count I charge, Flight to Avoid Arrest, to no less than 20 months and no more than 60 months in the Nebraska Depart of Correction. The defendant received credit for 200 days served. Bryan revoked Bouaphakeo’s driver’s license for two years in Nebraska upon his release from the state’s prison system and ordered him to not drive anywhere for those two years.
The judge sentenced Bouaphakeo on the Count II charge, Attempted Assault on an Officer in the Second Degree, to serve no less than four years and no more than four years in the prison system. The sentence, Bryan ordered, is to run consecutively to the Count I sentence.
On Count III, Attempted Assault on an Officer in the Second Degree, Bryan ordered the defendant to serve no less than four years and no more than four years in prison. That sentence is to run consecutively to the Count I and II sentences.
Bryan sentenced Bouaphakeo on the Count IV charge of Attempted Assault on an Officer in the Second Degree, to serve no less than four years and no more than four years in prison. That sentence is to run consecutively to Count I, II and III sentences.
On Count V, Criminal Mischief, Bryan sentenced Bouaphakeo to three years in the state prison system. That sentence is to run concurrently to the Count I sentence.
Bryan ordered Bouaphakeo to serve no less than five years and no more than seven years in the state prison system for Count VI, Assault in the Second Degree. That sentence is to run consecutively to the sentences of Counts I, II, III, IV and V.
On Monday, March 29, Bouaphakeo filed an appeal with the Nebraska Court of Appeals. He will remain in state custody through the appeal process.

 

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