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An Antelope County commissioner, who was set to face a jury of his peers in the Antelope County courtroom later this month, more than a year after an alleged theft of county property, pleaded no contest to an amended complaint when he faced the Honorable Donna Taylor last Wednesday.

Eli Jacob, 66, of Clearwater, who is accused of taking a heating unit from the Orchard county barn Jan. 1, 2019, appeared March 4 for a pretrial hearing in the case.

Madison County Attorney Joseph Smith, as special prosecutor for Antelope County, told Taylor a plea agreement had been reached. Terms of the agreement included Smith filing an amended complaint charging the commissioner with official misconduct in exchange for Jacob’s no contest plea. Smith also agreed to file no further charges in the case. The charge remains a Class 2 misdemeanor with possible maximum penalties including a $1,000 fine and/or six months incarceration.

Smith told the judge that the heater had been removed from the Orchard location and taken to Jacob’s personal shop with plans to install it there.

“It didn’t get that far, they didn’t even know if it worked,” Jacob’s attorney, Jason Doele of Norfolk, clarified.

The heater was returned to the Orchard barn after the investigation, according to Smith.

“It is certainly not the crime of the century,” he said. “the value was small, but still misconduct.”

Referencing Nebraska surplus property statute that he said allows unused items to be sold and “sometimes given away,” the prosecutor said the matter had never been taken to the county board nor the county purchasing agent to be deemed surplus.

Although she didn’t order a presentence investigation, Taylor deferred sentencing to 10:30 a.m. April 1, due to “public turmoil” caused by the case.

“I know you would rather get done today,” she told Jacob. “But it might look like we are trying to slip this through.”

An investigation was conducted by the Nebraska State Patrol after the incident was reported. The county commissioners voted at their Feb. 12, 2019, meeting, unanimously (including Jacob), to engage Woods & Aitken LLC to conduct an independent investigation, and subsequently voted to make the firm’s findings public.

Charges were filed by Smith at the conclusion of the investigation. Jacob pleaded not guilty March 6, 2019.

Jacob had been employed by the county road department for 10 years, beginning in March 2009. He was elected to the board of commissioners in November 2016, taking office in January 2017, serving District 2 that includes the Orchard shop.

Prior to his taking the oath of office, members of what was then the board of supervisors questioned Pam Bourne with the Nebraska Intergovernmental Risk Management Agency regarding his status as a road employee. At that time, Bourne advised she knew of no reason his employment would have to be terminated when he took office.

His employment with the road department was terminated by the board of commissioners following an executive session May 7, 2019, with no reason made public.

He retains his position as a commissioner and has filed for re-election. He will be challenged by two Orchard candidates, Donald Lallier and Bob Krutz, according to Antelope County clerk Lisa Payne.