Despite a last-minute attempt to withdraw his no contest plea, an Omaha man was sentenced Tuesday to 90 to 115 years in prison for shooting and killing a teenager in what prosecutors have characterized as a case of mistaken identity.
Justyn Wagner, 21, initially charged with first-degree murder in the October 2021 killing of 18-year-old KorVanta Hill, accepted a plea deal last year and pleaded no contest to second-degree murder, use of a firearm to commit a felony and possession of a firearm by a felon. Elijah Robinson, 20, also pleaded no contest to second-degree murder and was sentenced to 40 to 60 years in prison for being the getaway driver.
Wagner
According to previous testimony from detectives, Wagner and Robinson were driving around the area of 39th and Pratt streets on the evening of Oct. 18, 2021, looking to shoot rival gang members.
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Instead, they came across Hill, who was walking through the neighborhood with his stepfather. After circling the pair multiple times, Wagner exited the car and shot at Hill 10 times, striking him in the chest and killing him. Hill was not associated with any gangs, according to prosecutors.
Robinson
On Monday — one day before sentencing — Wagner filed a motion to withdraw his plea of no contest. According to Douglas County District Court Judge Tressa Alioth, his reasoning for doing so was because he wanted the plea agreement to specify a sentence, which Alioth said was not a sufficient reason to withdraw the plea.
Wagner’s attorney, Nebraska state Sen. Justin Wayne, asked Alioth to take a “hard look” at the mitigating circumstances. Wagner “started picking up charges” when his longtime girlfriend died after a four-year battle with a brain tumor, Wayne said. He was convicted of felony marijuana and opioid possession in September 2021 and placed on probation.
The lack of support and supervision that Wagner had while on probation is an example of a “systematic failure” in Nebraska’s justice system, Wayne said.
Wagner made a tearful statement to the court before he was sentenced and asked for forgiveness from Hill’s family.
“I just hope my remorse is enough,” Wagner said. “I’m sorry that everything happened the way it happened.”
Hill’s father, Jefferey Johnson, spoke directly to Wagner. Having been to prison himself, Johnson said, he never thought he’d wish it upon anyone else. Losing his son changed that.
“My son is gone forever,” Johnson said. “I think everyone involved should be off the street forever. Maybe one day I’ll feel different. But I feel like you should be gone. For a very, very, very long time.”
Wagner was sentenced to 70 to 80 years on the murder charge, 10 to 20 years for use of a firearm to commit a felony and 10 to 15 years for possessing a firearm as a felon, all of which will be served consecutively. Without any loss of good time, Wagner will be eligible for parole in 49 years and will be required to be released from prison in 61 years.