Lincoln County District Court Judge Donald Rowlands announced his ruling on the release of Erwin Simants Tuesday afternoon.
According to court documents Rowlands said, “Based upon my consideration of the evidence from October 18, 1975 through and including September 24, 2013, there is clear and convincing evidence that Erwin Charles Simants is and continues to be mentally ill and dangerous to others by reason of mental illness, and that he will continue to be dangerous in the foreseeable future as demonstrated by the overt acts of October 18, 1975.”
Rowlands went on to say that Simants did not produce any evidence that he was dissatisfied with the conditions of his confinement. Therefore Simants will remain at the Lincoln Regional Center where he has been held.
Simants was found guilty of killing six members of the Henry Kellie family in 1975 outside Sutherland. The decision was overturned on appeal. Simants later was found not guilty by reason of insanity and sent to the Lincoln Regional Center.
Simants’ next evidentiary hearing will be September 30, 2014 in Lincoln County District Court, as required by Nebraska law.