A significant development unfolded in Madison County District Court recently as an Omaha man, Zackery Armsbury, admitted to serious probation violations stemming from an incident where he pointed a gun at a pizza delivery driver in Norfolk in December 2023. This admission marks a critical juncture in a case that has drawn attention to the complexities of the criminal justice system and the strictures of probation agreements.
Armsbury, 22, initially received a probationary sentence until September 2027 from retired District Judge Mark Johnson for attempted use of a firearm to commit a felony and terroristic threats. Despite facing a potential maximum of 53 years in prison for these initial charges, the judge cited Armsbury’s minimal criminal history, his service in the U.S. Army, and subsequent counseling as reasons for opting against immediate imprisonment, highlighting the individualized approach often taken within Nebraska law.
However, the terms of his probation were allegedly breached when, on December 29, 2023, a then-22-year-old pizza delivery driver reported that Armsbury pointed a gun at him during a delivery at an Amberwood Drive apartment. This alarming incident immediately raised concerns about public safety and adherence to legal stipulations for individuals on probation.
Further investigations revealed more concerning details regarding Armsbury’s compliance with his release conditions. Military police in Fort Polk, Louisiana, confirmed to a Norfolk probation officer that Armsbury was recently in possession of two rifles and a handgun, which were subsequently confiscated. Additionally, a search of Armsbury’s vehicle by a probation officer uncovered three AR-15-style magazines with ammunition and plate carriers, resembling bulletproof vests, indicating a serious firearms offense while on supervised release.
These alleged violations prompted the Madison County Attorney’s Office to file a motion to revoke Armsbury’s probation. In a recent court appearance, Armsbury accepted these alleged breaches as part of an agreement with prosecutors, who will refrain from making a specific sentencing recommendation, though incarceration is still a likely outcome, underscoring the severity of these court proceedings.
During the legal process, Armsbury’s defense counsel sought a reduction of his bail, asserting that he would reside with his parents in Omaha and adhere to any imposed conditions of release. Despite these assurances, the serious nature of the allegations surrounding the probation violation and the unauthorized possession of firearms remained a central point of contention.
Armsbury is now scheduled for sentencing on Friday, September 26, where he could face a significant prison sentence of up to 53 years, reflecting the original charges and the gravity of the admitted probation violations. As part of the ongoing judicial process, he has also been ordered to complete an apology letter to the victim one week prior to his sentencing, an important step in restorative justice within the criminal justice framework.
Adding to his legal challenges, Armsbury is also slated to appear in Lancaster County Court on Tuesday, August 12, for an arraignment concerning a probation revocation in a separate case where he was previously convicted of an attempted violation of a protection order, further complicating his legal standing and highlighting a pattern of legal non-compliance.
