Man arrested in Lincoln killing facing lesser charges
LINCOLN, Neb. (KOLN) - A man arrested for a killing in Lincoln on Saturday is now facing lesser charges after originally being charged with second-degree murder.
Timothy McPeak, 53, was taken into custody at an apartment complex near 10th and E streets after Luis Noguera, 76, was found dead in the hallway.
The cause of death for Noguera was a broken neck, an autopsy revealed.
McPeak was originally arrested on murder charges, but those have since been dropped to first-degree assault and manslaughter.
A probable cause affidavit states that witnesses observed Noguera knocking on McPeak’s door with a knife in his hand and yelling. The two are reportedly neighbors.
Moments later, a verbal argument in the staircase to the second floor turned physical, the court records state.
McPeak told officers when he was being arrested that Noguera had a knife, and he grabbed his ankle and right hand in an attempt to disarm him.
The court records state that McPeak told officers Noguera then fell down the stairs where he remained until officers arrived.
The court documents also state McPeak denied using a firearm, but investigators observed blood spatter on his hand that was “consistent with shooting the victim”.
A gun was not recovered on the scene, and police have said Noguera did not die of gunshot wounds.
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