Charges reduced after Grand Island man fires shotgun from apartment patio; case advances

GRAND ISLAND, Neb. (KSNB) - A case against a Grand Island man accused of firing a gun from an apartment patio has moved forward to district court.

Troy Behnken, 28, waived his preliminary hearing on Monday for four charges he faced, including two counts of unlawful discharge of a firearm and two counts of use of a firearm to commit a felony. The other five charges, criminal mischief and obstruction, were dismissed without prejudice.

Earlier this month, prosecutors amended the charges Behnken was facing, dropping the attempted second degree murder charges and replacing them with the unlawful discharge of a firearm charges.

The charges stem from a February shooting in Grand Island. Police arrested Behnken in February after a shotgun was fired several times from an apartment in central Grand Island.

The shooting started about 11 p.m. on February 28, when a man walked out of an apartment and onto a patio at 626 South Eddy. Police said he fired a shotgun several times toward a nearby auto repair shop.

Police said the rounds hit and damaged a tow truck, windows at the repair shop, a pickup with a woman sitting in it and two other nearby vehicles. The tow truck driver and the woman in the pickup were in the line of fire, but were uninjured.

The man then returned to his apartment and refused to leave until police got a warrant and forced entry. Police arrested Behnken around 2:30 a.m. on February 29.

Behnken is set to appear for his arraignment in district court on May 14 at 9 a.m.

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