3 defendants sentenced in Fillmore Co. Dist. Court

By Signal Staff

One defendant was sentenced to prison and two more were sentenced to lengthy jail sentences in action last week in the Fillmore County District Court.
Fillmore County District Court Judge David J.A. Bargen sentenced Jesse D.B. Wells. 39, Geneva, to four years with the Nebraska Department of Corrections for the Class 3 felony count of Possession of a deadly weapon while committing a felony on March 10. Wells was also sentenced to a concurrent term of two years for the Class 4 felony count of Possession of a controlled substance. Judge Bargen also ordered fines of $300, $100 and $500 to be paid on three additional misdemeanor charges. Court costs were also assessed to the defendant.
Court-appointed attorneys Ben Murray and Shelby Yost attended the sentencing, along with Fillmore County Attorney Jill Cunningham.
“He has never had a job…he doesn’t follow orders…he has had chance after chance,” Cunningham said prior to sentencing. “His parents take care of his child…I recommend a straight sentence with the Nebraska Department of Corrections.”
Murray argued Wells has a substance abuse problem and needs programs to help with his drug use rather than incarceration.
The defendant addressed the court prior to sentencing.
“A jail sentence would be the easy way,” Wells said.
Before announcing his sentence, Judge Bargen said Wells was not a fit candidate for probation in his opinion and imprisonment was needed to protect the public. He also noted the defendant’s considerable criminal history and the fact that probation has been revoked in the past.
Also on March 10, Busquin A. McPherson, 38, Edgar, was sentenced to 200 days in the Fillmore County Jail with credit for one day served by Judge Bargen for the misdemeanor charge of Attempt of a Class 4 felony, Possession of a drug controlled substance. The defendant was also ordered to pay a $500 fine and $50 in court costs.
McPherson was arrested on April 24, 2025, by two Fillmore County Sheriff’s Office (FCSO) deputies at midnight at a Geneva convenience store. A search found methamphetamine and marijuana in the vehicle.
The defendant addressed the court before sentencing.
“Getting incarcerated is going to destroy everything for me,” McPherson said.
Judge Bargen said he had read the pre-sentence investigation and it reveals quite a bit of criminal history and fines haven’t worked in the past. He said, he felt probation was not correct.
“You have had many chances to right the ship before,” Judge Barge said.
Jeffrey W. Baxter, 61, Hastings was sentenced to 365 days in the Fillmore County Jail with 10 days credit by Judge Bargen on March 10. He was also ordered to pay a $500 fine and court costs. In a plea deal, two charges were dropped and the Hastings man pleaded no contest to 3rd degree Assault and 2nd degree Criminal trespass, both misdemeanors.
Prior to sentencing, Fillmore County Public Defender Shay Smith said the defendant has not been in contact with the victims. He has completed probation in the past and he just wants to move on.
“It didn’t go down the way it was told,” said Baxter prior to sentencing.
Judge Bargen said, he hesitated with probation.
“You have been on probation five times and have a history of assaults,” he said. “What will be different a sixth time?”
Bargen noted that a court rule is, probation either works or it doesn’t. Much of the defendant’s criminal history is decades old.
Judge Bargen also noted, Baxter could have taken the charges to trial if he felt things were actually different than the police reports.
On June 1, 2025, FCSO deputies responded to a report of a home invasion in Fairmont. Court records indicate, Baxter choked a family member at 709 6th Avenue.
A surprised Baxter was remanded into custody of the FCSO to begin serving his sentence immediately.