A special prosecutor has decided not to file charges against a state psychologist in the Nikko Jenkins’ case.
Jenkins killed four people in Omaha after being released from prison.
Sen. Ernie Chambers of Omaha accused prison psychologist Mark Weilage of withholding information that could have led to Jenkins undergoing civil commitment rather than release from prison in July of 2013.
Johnson County Judge Steven Timm appointed Gage County Chief Deputy Attorney Rick Schreiner to review the conduct to Weilage, an assistant behavioral health administrator with the Nebraska Department of Correctional Services, during the time Jenkins served at the Tecumseh state prison.
Chambers charged that Weilage violated state law by failing to reveal psychiatrist Natalie Baker had diagnosed Weilage as mentally ill and dangerous.
Weilage did not disclose the diagnosis when Assistant Johnson County Attorney Richard Smith followed up a request from Jenkins’ mother in February of 2013 to file mental health board proceedings against Jenkins. Schreiner concluded Weilage followed state law that doesn’t allow prisoners to undergo evaluation for civil commitment until just prior to their release, which in the Jenkins case came after he was moved from Tecumseh.
Jenkins eventually was transferred to the prison in Lincoln and then released.