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HARTINGTON – A judge has limited the scope of victim impact statements to be considered at the sentencing of a Laurel man convicted of four counts of murder.
Judge Bryan Meismer issued a written ruling last week in Cedar County District Court instructing the probation office to not place victim impact statements from anyone other than the nearest surviving relative of the victims into the pre-sentence investigation report that will be reviewed at the sentencing of 44-year-old Jason Jones.
Jones’ lawyer, Todd Lancaster of the Nebraska Commission on Public Advocacy, argued for limitations to be placed on victim impact statements and to include only the children of Gene and Janet Twiford, and the closest family member to Michele Ebeling. The Twifords, their daughter, Dana, and Ebeling were all shot by Jones, and their homes set ablaze in Laurel in August 2022.
Jones was convicted in a jury trial last month in Dakota County. The jury found the crimes to be aggravated, making Jones eligible for the death penalty.
Meismer also limited impact statements in that they shouldn’t include any characterizations or opinions about the crime, Jones, or an appropriate sentence.
If that type of information inadvertently makes its way into a victim impact statement, the three-judge panel will not consider it, Meismer said in his order.
Lancaster said he plans to renew his motion on the constitutionality of the death penalty and submit some additional evidence. Another hearing will be set on that matter.
It will likely be next spring or summer before a three-judge panel convenes to consider Jones’ sentencing. Patrick Heng, McCook, and Timothy Burns, Omaha, will join Meismer, who will serve as the presiding judge at sentencing.
The panel will hear evidence of mitigating circumstances, or factors that lessen the severity of the crime or Jones’ culpability. Under state law, mitigating circumstances may include the defendant’s lack of criminal history; if there was unusual pressure or influence by another person; if the crime was committed during extreme mental or emotional disturbance; the age of the defendant; if the defendant’s participation in the crime was minimal; if the victim consented or participated in the crime; and if the defendant was impaired by mental illness or intoxication.
Once the panel hears that evidence, it then convenes in private to weigh whether the mitigators exceed or come close to the weight of the aggravators found by the jury in the case.
The decision must be unanimous in order for the death sentence to be imposed.
If Jones is given a death sentence, an appeal is automatic and goes directly to the Nebraska Supreme Court, bypassing the Nebraska Court of Appeals.
