ELKO – A man accused of making a bomb threat against the courthouse will have to wait for another judge to accept his plea.
Casey D. Overacker, 34, of Spring Creek, appeared in Elko District Court before Judge Al Kacin Monday for arraignment on a charge of attempting to communicate a bomb threat, a category B felony.
Kacin recused himself from Overacker’s case, telling the defendant his actions disrupted court proceedings, including his own schedule.
“Obviously that impacts court operations,” Kacin said. “[It] could have very well impacted what I was doing that day.”
After verifying that he had Adult Drug Court scheduled the day of the bomb threat, Kacin decided to remove himself as judge from the case.
“I don’t think you want me to be the judge because that angers me greatly,” Kacin said. “And I don’t think I can be fair and impartial in this case.”
Attorney Jeff Kump, who represented Overacker, said he understood.
“I think if it would have been a bomb threat on some other date, maybe I wasn’t in session, that’s something I could maybe look past, but having my drug court and having somebody screw around with it, makes me apoplectic,” Kacin said.
“I’ll go ahead and step off that case,” Kacin said, deciding to remove himself from another arraignment hearing involving Overacker scheduled for the same day.
“I don’t believe I would be able to set aside the anger I feel for that type of action, so I’ll go ahead and step off the case,” Kacin said. “I’ll let another judge handle your case.”
Overacker allegedly called in a bomb threat to the Elko County Clerk’s office on June 19, the day his girlfriend, Shawna Parker, was scheduled to appear in court.
The building was evacuated and nothing suspicious was found, authorities said.
Overacker was arrested Oct. 4 at his home on a warrant issued in September after an investigation traced the phone number back to Parker.
Overacker remains in custody at the Elko County Jail.
“I don’t believe I would be able to set aside the anger I feel for that type of action, so I’ll go ahead and step off the case.” — District Judge Al Kacin