PLATTSMOUTH – A former Louisville resident will spend three years on probation for pointing a gun at a neighbor during a property dispute.
James A. Loeffelholz, 41, appeared in Cass County District Court Monday morning for a sentencing hearing. He pled guilty in January to one Class IIIA felony charge of terroristic threats.
Loeffelholz and his former neighbor in Louisville had been having an ongoing dispute over a property line between their homes. Deputy County Attorney Steven Sunde said a male victim was operating his riding lawnmower July 22 when he and Loeffelholz began to argue.
The victim told Cass County Sheriff’s Office deputies that Loeffelholz went into his house and returned with a firearm. The victim said Loeffelholz then pointed the gun at his head and threatened to kill him.
Loeffelholz later told authorities that he had pointed the gun at the victim’s stomach instead of at his head. He also said he had used a BB gun instead of a larger-grade weapon.
Loeffelholz moved away from Louisville after the incident took place. He currently lives in Omaha.
Sunde told the court Monday he felt Loeffelholz was not remorseful about his actions. He said Loeffelholz had made statements to probation officers that seemed to contradict the original account of the incident. He said one of those statements was that the victim threatened Loeffelholz instead of the other way around.
“I’m troubled by this,” Sunde said. “While I agreed I would recommend probation as part of the plea deal, I’m troubled that he is trying to deflect blame onto the victim. I’ll still recommend probation, but I would like to see a 30-day jail sentence on the front end of this. That’s because at this late hour, I still don’t think he gets it.”
Defense attorney Julie Bear objected to Sunde’s recommendation of 30 days in jail as part of probation. She asked that Sunde recuse himself from the case and asked the court to delay the sentencing hearing.
Judge Michael Smith told Sunde and Bear that the sentencing hearing would continue without any further delays. He ordered Loeffelholz to pay a $500 fine and serve 36 months of probation. Loeffelholz must attend anger management and appropriate decision-making classes and complete community-service hours. He will also be prohibited from owning any type of firearm or weapon during his probation.