Judge orders murder suspect to custody of LRC
The Aurora man accused in the stabbing death of his stepfather has been declared mentally incompetent to stand trial at this time. At a hearing held on Feb. 26 in Hamilton County Court, Judge Lynelle D. Homolka issued an order remanding 29-year-old Caleb Arnett to the custody of the Lincoln Regional Center for treatment as soon as a bed becomes available. The action by the court was in response to a court-ordered mental evaluation conducted by the state Department of Health and Human Services (DHHS).
The order issued by Judge Homolka stated: “The court finds the defendant shall be deemed mentally incompetent to stand trial at this time... As there is a substantial probability that the defendant will become competent in the reasonably foreseeable future, the defendant shall stand committed to the Nebraska Department of Health and Human Services, who is hereby ordered to provide the defendant the treatment necessary to restore competency at the Lincoln Regional Center... until such time as the disability may be removed.”
The judge also ordered the center to file a written report on Arnett’s status within 60 days of the order being entered and every 60 days after that, “until either the disability is removed or other disposition of the defendant has been made.”
The order also stated that at which point the center determines the defendant is competent to stand trial, the court would hold a competency hearing.
A review hearing on the matter was set for Tuesday, April 23.
Arnett was arrested in the early morning hours of Dec. 2, 2023, for the murder by stabbing of Ross Nickolaus and the wounding of his mother, Theresa Nickolaus and a teen step brother. He has been lodged at the Hamilton County Jail since that time on a $2 million bond. A preliminary hearing in the case had been set for Dec. 19, but was postponed after the defendant’s attorney asked for a delay in order to give him time to seek an independent evaluation of Arnett by a mental health professional to determine whether his client was competent to stand trial. At a subsequent status hearing on Jan. 30, the preliminary hearing was again delayed and County Attorney Douglas Dexter asked the court to order an evaluation of Arnett’s mental status by the DHHS. Judge Homolka granted that request and ordered the DHHS evaluation, setting a status hearing for March 19.
At his arraignment on Dec. 5, Arnett was charged with six felony counts in connection with the stabbing incident which took place in the family home on Fairview Drive in Aurora. The charges include first-degree murder, use of a knife or other deadly weapon in the commission of a felony (three counts) and first-degree assault with intent to do serious bodily injury (two counts).
For the first time since Arnett’s arrest, the defendant’s mother, Theresa Arnett Nickolaus was in court for the hearing. Following the hearing she issued the following statement to the News-Register:
“We are hurting from the actions of what my son Caleb has done to our family. Each of us are experiencing different emotions and feelings. We have questions, and yet no answers. Our grief is in our loss of Ross Nickolaus; husband, father, son, brother, uncle, grandfather, and a dear friend to many.
Caleb’s lifelong struggle with schizophrenia is a brain disorder that affects his ability to think, feel, and respond as most other people do. Caleb is very much emotionally unwell right now, and has been for some time now. While his mental illness is not an excuse for his actions, Caleb needs help.
He will be going to the Lincoln Regional Center as soon as a bed is available.
Please continue to pray for, and with us, as we navigate this difficult journey with our grief and the drawn out legal process.
We greatly appreciate the support from you, our family and friends! We are part of a beautiful community. Thank you.
Theresa Nickolaus and family.”