A man accused of raping a high school girl has pleaded no contest to lesser charges in court Monday morning.
Nicholas Bregg, 25, pleaded no contest to charges of second-degree attempted sexual assault and first-degree false imprisonment. Bregg was originally facing charges of first-degree sexual assault.
The charges carry a maximum sentence of five years in jail and a $10,000 fine each.
Douglas County Attorney Don Kleine told WOWT 6 News that Bregg will have to register as a sex offender. He said, "It is horrific scenario of what took place to this victim."
According to police affidavits, the victim in the assault attended a party where she consumed drugs and alcohol. In a witness statement, the witness told an Omaha South High School Resource Officer that the victim was so intoxicated that partygoers began to kick her. The witness said she took the victim, along with Bregg and another suspect, JaVohn Templeman, to another person's home.
After falling asleep, the witness said she was awakened to noises and found Templeman sexually assaulting the victim. She asked Bregg to help stop the assault, but later said she saw Bregg assaulting the still unconscious victim.
The affidavit said Templeman and Bregg then took the victim to Templeman's home.
At this point police believe, Templeman's sister, Ja'Lyia Templeman took pictures of the victim laying on a bed, naked from the waist down, and posted one of the pictures to her Instagram and another explicit photo on Facebook. Ja'Lyia faces felony charges for distributing the image.
Nearly a year passed between the time the victim reported the incident to police and when arrests were made. The witness statement collected by the Omaha South High School Resource Officer seemed to be the change that led to the arrest.
The delay in bringing the case to court has placed challenges on both the prosecution and defense.
Defense Attorney Glenn Shapiro said, “Well it is a difficult case for both sides. This case the police did not investigate right away, it took over a year to get the charges, and so certain witnesses and memories were difficult to recall.”
Omaha Police are conducting an internal investigation into why this case was allowed to sit for nearly a year. There is still no update on that.
Even with the delay, there is strong evidence against Bregg including a positive match of his DNA in the victim. That might have been one of the factors for accepting a plea deal.
Shapiro said, “The state made a reasonable offer. We felt it was in Mr. Bregg’s best interest to accept that offer and trust the judge will be fair at sentencing."
Kleine said the victim is doing as well as she could be. The judge did mention in court that she continues to regularly see a therapist.
JaVohn Templeman will go to trial. His case is currently in the jury selection stages.