At sentencing, Lincoln woman’s attorneys says she didn’t know a man would be killed
A 24-year-old Lincoln woman who deleted texts and lied to police after a man was fatally stabbed in her apartment got jail time Wednesday for being an accessory to the crime.
Makayla Fell, who pleaded no contest, said nothing at sentencing. Her attorney, Joy Shiffermiller, argued for probation or house arrest.
“She knows that what she did was wrong by not being forthcoming with police at the time and also manipulating text messages after the fact,” the defense attorney said. “But she certainly didn’t know what was going to occur.”
Fell
Shiffermiller said while Edward Varejcka’s stabbing happened in Fell’s apartment, it was a shock to her when people began spilling out of her apartment and running off.
Deputy Lancaster County attorney Eric Miller said: “This involves a homicide. Four individuals entered Fell’s residence, and they killed a man.”
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Early March 8, 2020, a 911 call sent first responders to Fell’s apartment where they found Varejcka, 36, dead of three stab wounds. When officers talked to Fell, it didn’t take them long to figure out she had deleted texts, Miller said.
He said the inference he could make from the evidence was that “a dime was dropped here,” someone let the group know Varejcka was there and that he had money, drugs or both.
“They came, tried to rob him and things went south and he got killed,” Miller said.
He said he doesn’t know what role Fell played in it. But she lied to police, destroyed evidence and gave so many different statements to law enforcement that no one could rely on anything she had to say.
Miller said one witness said Fell, who denied knowing anyone in the group, spoke with one of the four before they went up to her apartment in the moments before Varejcka was killed.
In the end, Lancaster County District Judge Andrew Jacobsen said it was obvious that Fell lied to police and deleted evidence, which hindered the investigation and prevented the discovery or apprehension of individuals involved in a homicide.
“And she continued to do that until she was cornered basically,” he said. “It’s a very serious offense. A man lost his life. It’s just something we can’t tolerate.”
Then he gave Fell, who had no adult criminal history before this, a year in the county jail followed by a year of post-release supervision.
Felipe Vazquez already is serving a 17- to 20-year sentence for Varejcka’s killing, on top of a life sentence plus 129 years for fatally shooting Lincoln Police Department Investigator Mario Herrera while trying to escape arrest in connection to Varejcka’s killing.
On Aug. 26, 2020, Herrera and the other officers were at Vazquez’s father’s house at 33rd and Vine streets to arrest Vazquez on a warrant for felony assault in the Varejcka case.
In an escape attempt, the then-17-year-old broke out a bedroom window and fired three shots from a stolen gun, fatally wounding Herrera and injuring a second officer from shrapnel.
For Varejcka’s death, Vazquez pleaded no contest to second-degree assault as part of a plea agreement that reduced it from murder.
Investigators found Vazquez’s fingerprints on a TV thrown over his head.
They also found a kitchen knife from the apartment, with Varejcka’s blood on the tip, which had been thrown outside the apartment building as the group left. But there was conflicting information about who had thrown it.
Gardening and spending time in nature have been proven to relieve the pressure and stress that come from everyday life.
Remembering Lincoln’s homicide victims of 2023
1. Julian A. Martinez
Police found 18-year-old Julian Martinez with one gunshot wound to his chest near 19th Street and Euclid Avenue on Jan. 21 after an argument over with a neighbor over their pet dogs devolved into a fatal shooting, according to authorities.
Prosecutors charged Martinez’s neighbor, 29-year-old Armon Rejai, with first-degree murder in the teen’s death.
In his obituary, Martinez’s family said he cherished his sisters and nephews, who he loved to play video games and roughhouse with. He shared his life and love with his girlfriend and his best friend, along with numerous cousins and relatives, his family said.
2. Rudy Requejo Jr.
Rudy Requejo Jr., who was 22 months old, died at an Omaha hospital March 17 after weeks of suspected abuse and neglect, police investigators alleged in court filings.
Prosecutors charged the boy’s mother, 30-year-old Brittany Cook, and her boyfriend, 32-year-old Joshua Tackett, with child abuse resulting in the child’s death.
His family remembered Requejo Jr.’s infectious joy that, at times, brought previously feuding family members together.
“Junior had a smile that was like gravity,” his aunt said.
3. Ronald Gonzalez Rivas
Ronald E. Gonzalez-Rivas, 45, was one of two maintenance employees at The Lodge Apartments who were run over and killed at the south Lincoln complex on March 27.
A resident of the apartment complex, 27-year-old Taylor Bradley, was charged with six felonies for her alleged role in the brazen attack, including a first-degree murder charge in Gonzalez-Rivas’ death, according to court records.
In a GoFundMe post, his wife of 11 years, Georgina Molina, said she was deeply saddened by his death and asked for prayers for their family. Gonzalez-Rivas left behind two children, ages 19 and 26.
5. Damien Brave
Damien I. Brave, an 18-year-old Lincoln man, died in the early morning hours of April 1 after he was shot four times at a house party the night before near 27th and Fair streets.
Police in Michigan later arrested 17-year-old Kashaun M. McCree for his alleged role in Brave’s death, thought to have been the result of a robbery gone wrong. Prosecutors charged McCree, who police say fled to Detroit after the shooting, with first-degree murder.
Brave’s close friend and family, who launched a GoFundMe campaign to pay for his memorial costs, remembered him as a goofy, fun-loving kid whose beaming smile demanded that others join in.
“If you felt like crap or you felt down, and you got one of his hugs, you just felt like you were safe,” his mother, Heidi Brave, said. “I’m the mom. I should have made him feel safe. But the way he just hugged you, it just made you feel like you were something special.”
6. Mark Kruger
Mark Kruger, 59, died May 7 after he was stabbed amid an argument at a family gathering that evening near 63rd Street and Baldwin Avenue.
Police arrested Kruger’s son, Joseph Kruger, at the scene. The 40-year-old was later charged with first-degree murder and use of a deadly weapon to commit a felony for his alleged role in his dad’s death.
In his obituary, Mark Kruger’s family described the Lincoln man as a loving father, grandfather, brother and uncle who loved music, concert-going and riding his Harley.
“… He loved to make the world smile,” Kruger’s family wrote. “He loved camping, fishing and going out on the boat. Mark always, always gave compliments and encouragement to all and he would give the shirt off his back for anyone.”
The family also launched a GoFundMe page to help pay for his funeral.
Reach the writer at 402-473-7237 or lpilger@journalstar.com.
On Twitter @LJSpilger
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