An 18-year-old man who pleaded no contest to running over and killing a 43-year-old man in west Omaha last year was sentenced Wednesday to 20 to 40 years in prison.
In handing down Juan Velasquez’s sentence, Douglas County District Judge Molly Keane noted Velasquez’s violent crime in which he on Aug. 31, 2023.
Tobar-Abarca was found dead outside the Bel Apartments at 12107 Arbor St. Law enforcement arrested Velasquez near Lake Manawa shortly after Tobar-Abarca’s killing.
Velasquez, who came to the United States on his own illegally from Guatemala in 2022, was 17 years old at the time of Tobar-Abarca’s death. to manslaughter and use of a deadly weapon to commit a felony.
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According to Velasquez’s attorney, Brenden Schneiderman with the Douglas County Public Defender’s Office, Velasquez had been living with Tobar-Abarca in exchange for sex. Schneiderman said Velasquez alleged that Tobar-Abarca forced Velasquez to engage in sex. Schneiderman said Velasquez also alleged other minors were sexually abused by Tobar-Abarca.
Ryan Lindberg, a deputy county attorney with the Douglas County Attorney’s Office, strongly pushed back on Velasquez’s allegations against Tobar-Abarca. While Lindberg said it was a “fair assessment†that there was “some type of physical or sexual relationship†between Velasquez and Tobar-Abarca, there wasn’t any clear evidence their relationship rose to the level of assault or that Tobar-Abarca sexually abused other minors.
Lindberg said one of Tobar-Abarca’s employers described him as a “hardworking†employee who brought Velasquez to work with him.
“I don’t think the court should give credence to some claim that Juan Carlos was some monster,†Lindberg said.
Lindberg tied Velasquez’s allegations about Tobar-Abarca to other inconsistent claims Velasquez was said to have made.
One of Velasquez’s inconsistent claims pertains to Tobar-Abarca’s killing. Keane noted Velasquez denied running over Tobar-Abarca with Tobar-Abarca’s car, a 2012 Kia Sportage. But Keane also noted Velasquez’s claim was clearly contradicted by video footage of the incident.
Keane acknowledged there were other mitigating circumstances in the relationship and history between Velasquez and Tobar-Abarca and the truth may never be known.
“The fact remains that a man’s life was taken by the defendant’s actions,†Keane said.
Keane sentenced Velasquez to 10 to 20 years in prison on charges of manslaughter use of a deadly weapon to commit a felony. Velasquez will serve those sentences consecutively. Keane credited Velasquez with having served 357 days in jail.
Under state law, Velasquez will be eligible for parole in 10 years. If Velasquez is not paroled, he will be eligible to be discharged after serving 20 years.