A 13-year-old girl’s disclosure of alleged sexual abuse has led to three felony charges against her stepfather, a Harvard man who remains in the Clay County Jail.
Jacob A. Tomes is charged in Clay County District Court with first-degree sexual assault of a child, a Class IB felony; incest, a Class IIA felony; and intentional child abuse resulting in no injury, a Class IIIA felony.
If convicted, Tomes faces a mandatory minimum sentence of 15 years in prison and a maximum of life imprisonment on the sexual assault charge. The incest charge carries a maximum sentence of 20 years in prison. The child abuse charge carries a maximum sentence of three years in prison, 18 months of post-release supervision, a $10,000 fine or a combination of those penalties.
According to a warrantless arrest affidavit filed in Clay County Court, the Clay County Sheriff’s Office was contacted June 19 after the girl disclosed alleged abuse. She later participated in a forensic interview at the Family Advocacy Network in Kearney, observed by law enforcement and a Nebraska Department of Health and Human Services caseworker.
The affidavit states that the girl was afraid Tomes would punish or hurt her if she refused him. Despite that fear, she spoke about what had happened, setting the investigation in motion.
Tomes was taken into custody June 19 and booked into the Clay County Jail. A judge found probable cause for his arrest and detention and set bond at $250,000. If released, Tomes would be prohibited from contacting the girl or going to the Harvard residence. As of Sept. 18, he remained in custody.
Tomes waived his right to a preliminary hearing, during which the state would have been required to show that a crime was committed and that probable cause existed to believe he committed it. The case was subsequently transferred to Clay County District Court on all three charges.
He entered a written plea of not guilty July 8.
During an Aug. 18 pretrial hearing, Tomes requested a continuance. The state did not object, and District Judge Morgan Farquhar granted the request. His next pretrial hearing is scheduled for Oct. 19 at 2:30 p.m.
Tomes is represented by Benjamin H. Murray. Clay County Attorney Jennifer Fleischer is prosecuting the case. The charges against Tomes are allegations. He is presumed innocent unless and until proven guilty in court.
