OMAHA, Neb. – Two men convicted of the same crimes against the same victim — a 15-year-old boy — received vastly different prison sentences. The plea deal for both defendants was the same. What was different was the judge.
According to investigators, the two males would go to a west Omaha residence on separate occasions, climb through a basement window to have sex with a 15-year-old kid, and make child sexual assault material.
The court found both men guilty of the same offences following a plea bargain.
Bergstrom’s sentence.
Last summer, when it came time to sentence Eric Bergstrom for first-degree sexual assault, Douglas County District Judge Derek Vaughn sentenced him to 30 to 50 years in prison.
For visual depiction of sexually explicit conduct, Vaughn sentenced Bergstrom to 20 to 35 years in prison. Under Nebraska’s good time law, Bergstrom will serve 25 years in custody.
Perry’s sentence — a different judge
Earlier this month, co-defendant Bradley Perry appeared before a different judge on the same charges. Douglas County District Court Judge Rich McGowan took over the case after Vaughn was promoted to the Nebraska Supreme Court.
McGowan sentenced Perry to probation for 1st-degree sexual assault. For the child sexual abuse material charge, McGowan imposed a minimum sentence of three years.
‘Outrageous’
Longtime Douglas County Attorney Don Kleine said the disparity is hard to overlook.
“It’s borderline — in my own opinion, it’s outrageous — when you look at the facts and circumstances of this case,” Kleine said.
Kleine said the lighter sentence does not reflect the seriousness of the offense.
“I have respect for the judiciary, and I understand how challenging their job can be. But this sentence is far lower than it should be because it diminishes the seriousness of the crime,” Kleine said.
“Every time you show or depict these people, you’re victimizing them again. It’s horrible. And it deserves to be punished severely,” Kleine said.
‘I am the law’
In court, the state argued that McGowan should impose a harsher sentence consistent with what the co-defendant received from the other judge.
According to court transcripts, McGowan said: “Judge Vaughn is not here or available to make any decisions on Mr. Perry’s sentencing. I am the law. The governor has entrusted me to make this decision.”
When asked Friday what he meant by “I am the law” — and how he could issue a sentence below the state statute minimum of one year for first-degree sexual assault — McGowan had not responded.
“We think this is so far out of bounds it will get a good look at the Supreme Court and Court of Appeals,” Kleine said.
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