‘Outrageous’: Nebraska Judges Receive Blowback Over Disparate Rape Rulings
by John Gage
OMAHA – A pair of judicial rulings is coming under scrutiny after two men who pleaded guilty to raping a 15-year-old boy got dramatically different sentences for the same charges. Last year, Judge Derek Vaughn sentenced Eric Bergstrom to 30 to 50 years in prison, while this month, Judge Rich McGowan sentenced co-defendant Bradley Perry to 3 years for 1st-degree sexual assault.
McGowan took over the second case after Vaughn was appointed to the Nebraska Supreme Court last fall. Bergstrom and Perry were both accused of sexually abusing the same boy, and both pleaded guilty to the same charges after taking plea deals.
Following the announcement of the second conviction, critics called the ruling “outrageous” and “appalling.” Douglas County Attorney Don Kleine told WOWT following the second sentencing, “It’s borderline — in my own opinion, it’s outrageous — when you talk about the facts and circumstances of this case.”
“I have respect for the judiciary, and I know how difficult their job can be. But this is a sentence that is far lower than it should be because it depreciates the seriousness of the crime,” he said. “Every time you show or depict these people, you’re victimizing them again. It’s horrible. And it deserves to be punished severely.”
A week later, more critics piled on Judge McGowan following a post by the Twitter account Libs of TikTok that went viral. Thousands of comments poured in criticizing McGowan for his “lenient” sentencing, with some even calling for an investigation into the judge. A county Republican party account responded, saying it is “appalling that this happens in our justice system.”
Jimmy Hildebrand, a prosecuting attorney, said that the case was a broader indication of “left-wing” bias in judicial rulings, including in red states. “The average attorney is significantly more left-wing than the average American,” Hildebrand said. “Judges are attorneys. Ergo, be careful who you select as [a] judge. Especially in red areas, [where they] pretend to be law & order, until they are not.”
Kleine said he expects McGowan’s ruling could get a second look from a higher court. “We think this is so far out of bounds it will get a good look at the Supreme Court and Court of Appeals,” he said.
McGowan responded to criticism of his ruling in court by declaring, “I am the law.” “Judge Vaughn is not here or available to make any decisions on Mr. Perry’s sentencing. I am the law,” he said. “The governor has entrusted me to make this decision.”
John Gage is the executive editor of The Plains Sentinel.
