Charges Filed in WalMart Disturbance and Sidney Arson Incidents

SIDNEY--On April 13 and April 14, two separate incidents in Sidney required police and fire department intervention, and law and enforcement and the court system are now involved to resolve both incidents and determine exactly what occurred.

A little after 2 p.m. on Saturday, both Cheyenne County Sheriff's Department and Sidney Police personnel responded to a disturbance at WalMart, located at 3001 Silverberg Drive in Sidney. Deputy Zachary Goodrich of the Cheyenne County Sheriff's Department and Officer Nicholas Conger of the Sidney Police Department responded to a report of a disturbance involving man with a gun. When the officers arrived, WalMart customers and employees were being evacuated from the store.

At 2:18 p.m., Officer Conger arrived on the scene and as he was trying to make contact with WalMart, he encountered a male in shorts and a tank top, later identified as Jeremy Lurz of Sidney. Lurz removed a green and black handgun which was in a holster, and turned it over to Officer Conger. Lurz advised Conger that the weapon was a "Pepper Ball Gun". After clearing the weapon, Conger confirmed it was a CO2 powered type weapon that shoots .43 caliber "pepper balls." Conger noted that the weapon looked like a real pistol and had no visible markings, such as yellow or orange markings, to indicate that it was not a real gun.

At 2:20, Deputy Goodrich met up with Officer Conger and started to speak with Lurz. Lurz said that his girlfriend, Heather Preu, noticed her son in a shopping cart with another man. Lurz advised that the unknown male became verbal and started to issue threats to Lurz. Lurz repeated that he did not know who this man was. Lurz then said the unknown man aggressively moved toward him wanting to fight, and that Lurz then pulled his pepper ball gun to defend himself. Lurz then said that the WalMart Manager intervened and asked that he walk away with him, and as Lurz complied, the unknown man started screaming threats as they walked away. Lurz went outside of the store with the WalMart Manager to wait for law enforcement to arrive. Lurz then said that the unknown man continued to threaten him, saying that he was going to kill him.

As Conger was talking with Lurz, Goodrich met with the other male involved in the altercation, Dominick J. Tognotti. Dognotti told Goodrich that he and his four year-old son and father, also named Dominick Tognotti, were at WalMart shopping when his ex-girlfriend, Heather Prue, and her new boyfriend, Lurz, came into the store. Prue is the mother to Tognotti's four year-old son, and wanted to give him a hug. As she moved closer to the four year-old, Lurz also approached. Togotti said that he then advised Lurz to stay away, as he knew that Lurz was a registered sex offender. The argument then started, and after a short time, Lurz pulled the pepper ball gun from its holster and pointed it at Tognotti. Tognotti then said he started yelling for someone to call the police.

Statements were collected from witnesses in the store and video surveillance footage was reviewed. Dominick J. Tognotti was issued a Nebraska Uniform Citation and Complaint for third degree assault in a menacing manner and disturbing the peace. Tognotti signed the complaint and was released. Lurz was arrested for terroristic threats and threatening with a firearm. Lurz was also charged with disturbing the peace. Lurz was then transported to the Cheyenne County Jail. Heather Prue, of Sidney, was arrested for violation of a Protection Order and was also transported to the Cheyenne County Jail.

The second incident occurred in the early morning hours of April 14, when Sidney Police, Fire and Cheyenne County Deputies responded to a house fire at 1125 6th Avenue in Sidney, shortly before 1 a.m. The house was unoccupied and no injuries were reported. The house is the residence of Tessa Kruas and Aulton Burnett. Neighbors reported that there were children in the house and that a woman, later identified as Kraus, was standing in the doorway of the residence yelling, "Help! My baby is inside!" Officers on the scene tried to remove her from the doorway, but she refused and fled the scene. She was spotted running north on 6th Avenue.

When officers entered the house, they were unable to locate anyone. After firefighters arrived on the scene to battle the blaze, law enforcement then searched for Kraus, who was later located

and placed under arrest. About a half hour after arriving on the scene, officers were contacted by Zachary Radkey, who lives in Omaha, and is friends with Aulton Burnett. Radkey told officers that Burnett had told him that he had awakened in the past to the house covered in gasoline. Radkey also told officers that Burnett had told him that Kraus keeps Molotov cocktails in her backpack.

Kraus was arrested and charged with Second Degree Arson, a Class III Felony, Terroristic Threats, also a Class III Felony, Possession of a Destructive Device, a Class IV Felony and Obstructing a Peace Officer, a Class I Misdemeanor.