Felon freed by Biden arrested after shooting, raising fears of more ‘second chances’ gone wrong

A Nebraska felon whose situation condemnation was reduced nether a Biden medication clemency inaugural is accused of possessing a weapon linked to aggregate crimes, intensifying scrutiny implicit whether betterment efforts person travel astatine the disbursal of nationalist safety.

Federal prosecutors accidental 31-year-old Khyre Holbert, who had served astir 7 years of a 20-year national condemnation for weapon and narcotics offenses, was arrested aft an Oct. 4 shooting successful Omaha’s Old Market district.

Investigators allege Holbert discarded a loaded handgun fitted with a high-capacity mag arsenic officers closed in, a limb aboriginal tied to respective different convulsive crimes crossed Nebraska.

Holbert’s condemnation had been commuted successful January 2025 contempt objections from the U.S. Attorney’s Office, which warned of his pack ties, agelong transgression grounds and anterior weapons convictions. Months later, he’s accused of reoffending and his lawsuit has thrust Biden’s clemency programme backmost into the nationalist spotlight.

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Officials accidental Khyre Holbert, who was charged successful a shooting successful Omaha's Old Market earlier this month, present faces a national firearms charge. (Omaha Police Department)

Law enforcement groups person echoed that concern. The Omaha Police Officers Association blasted the determination to merchandise Holbert, calling him "no alien to the law," portion Attorney General Pamela Bondi described the lawsuit arsenic "a nonaccomplishment to clasp criminals accountable."

For Michael Rushford, laminitis and president of the Criminal Justice Legal Foundation, Holbert’s apprehension is much than a tragedy. It’s a warning.

"I don’t deliberation you tin delegate clemency," Rushford told Fox News Digital. "It was ne'er intended that a president delegate that authority. I deliberation what we saw were clemencies being granted without the president’s nonstop knowledge. Why would helium motion disconnected connected 31 cause dealers? Why would you motion disconnected connected a murderer?"

Rushford said cases similar Holbert’s bespeak a nonaccomplishment successful judgement and vetting during Biden’s last twelvemonth successful office.

"With cause traffickers, particularly those already convicted, this isn’t their archetypal party. It’s hard to get into national prison," helium said. "When you fto 1 go, you person to recognize he’s going to spell retired and perpetrate much crimes. The likelihood is precise high. That doesn’t marque consciousness to me."

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Officials accidental Khyre Holbert allegedly tried to discard the limb utilized successful an Oct. 4 shooting successful the Old Market territory successful Omaha, Nebraska.  (X/@omahaPOA)

He questioned whether Biden’s Justice Department decently reviewed who was being released.

"You person to look and spot if determination was a existent injustice successful the case," Rushford said. "With the Biden administration, I’m not definite that was done. The Justice Department nether him was not truly funny successful warring crime."

The interest extends beyond Nebraska. In March 2025, authorities successful Alabama arrested Willie Frank Peterson, different Biden clemency recipient, connected caller drug- and gun-related charges, conscionable months aft his release.

According to a national complaint, Peterson, who had served much than a decennary of a 20-year sentence, was caught with cocaine, meth and a loaded handgun. His condemnation was besides commuted successful Biden’s Jan. 17, 2025 clemency wave, which freed 2,490 inmates, mostly for cause and weapon offenses, according to the DOJ Office of the Pardon Attorney.

Rushford said that by the clip offenders scope national prison, astir person already exhausted their "second chances."

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"It’s hard to get into national prison," helium explained. "You don’t conscionable perpetrate 1 transgression and go, unless it’s murder. Second chances person been overblown. By the clip you get idiosyncratic who’s got 3 oregon 4 convictions, the 2nd chances are over."

He said clemency should beryllium narrowly utilized to close genuine injustices and not arsenic a governmental gesture.

"It’s got to beryllium a precise circumstantial process evaluating who’s successful there," Rushford said. "If determination was an injustice, fine. But it shouldn’t beryllium for governmental allies oregon radical who gave you money. And I deliberation that was happening nether Biden."

"The radical approving these releases," helium added, "weren’t funny successful protecting the nationalist from criminals."

Rushford said helium expects the existent medication to reconstruct integrity to the clemency process.

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"I don’t spot the benignant of consecutive criminals being fto escaped similar Biden had done," helium said. "I anticipation the Trump Justice Department raises the integrity level and makes definite we’re not letting retired hardened criminals and cause traffickers."

"The president we person present knows what’s going on," Rushford added. "He has a Justice Department that’s precise engaged successful warring transgression and reducing cause trafficking. It’s a antithetic authorities making those decisions."

Beyond clemency, Rushford blames a broader governmental clime that helium says favors offenders implicit victims.

"The defund-the-police question was an admittance that they didn’t privation to support the nationalist – that their sympathies were with criminals," helium said. "There’s a ample conception of the governmental situation that doesn’t hold criminals beryllium successful prison."

Rushford added that immoderate large cities inactive person mayors and governors that deliberation counselors volition lick the problem.

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Michael Rushford criticized the defund-the-police question and a broader governmental clime that helium said favors offenders implicit victims. (Qian Weizhong/VCG via Getty Images)

"We inactive person mayors and governors successful large cities that deliberation we should nonstop counselors to speech to criminals who are beating their wives with a broom grip — and that’s ridiculous," helium said. "You request constabulary officers to spell successful determination and instrumentality that feline retired and apprehension him."

Rushford said that attitude, combined with policies allowing repetition offenders backmost onto the streets, has eroded nationalist spot and endangered communities.

Rushford believes existent betterment lone comes aft tragedy.

"The past clip around, 1 of the large triggers was Polly Klaas," helium said. "When they recovered the repetition offender who kidnapped and killed her, everybody said, ‘We’ve got to halt this.’ I hatred to accidental this, but I deliberation it's going to beryllium 1 of those horrible cases earlier the state wakes up."

A California justice rejected convicted slayer Richard Allen Davis' petition for a resentencing proceeding for his death-penalty condemnation aft murdering Polly Klaas successful 1993. (Paul Sakuma, File/ Klaas for Kids)

The 1993 execution of 12-year-old Polly Klaas, kidnapped from a sleepover successful Petaluma, Calif., by a repetition offender, led to California’s "three-strikes" instrumentality and remains 1 of the state’s astir infamous cases.

Rushford besides cited caller tragedies involving repetition offenders, including Brianna Kupfer, a 24-year-old UCLA postgraduate pupil fatally stabbed portion moving successful a Hancock Park furnishings store by a antheral with a lengthy record, and Iryna Zarutska, a pistillate who was murdered connected a North Carolina train, allegedly by an ex-convict with a lengthy transgression history.

Shawn Laval Smith, 34, was convicted for the 2022 sidesplitting of Brianna Kupfer, 24, who was stabbed aggregate times portion moving unsocial successful a Los Angeles furnishings shop.  (KTTV/Linkedin)

Rushford said these cases amusement "what happens erstwhile repetition offenders support getting different chance."

However, helium believes the tide is turning but says it won’t hap fast.

"It didn’t travel this mode overnight, and it’s going to instrumentality a portion to get escaped of it," Rushford said. "People who are victimized by these repetition offenders, they're not going to beryllium comforted by the information that successful 20 years, we're going to get this straightened out."

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With 2 clemency recipients, successful Nebraska and Alabama, present backmost successful custody, Rushford said the question isn’t whether mercy has a spot successful justice, but whether the strategy tin past erstwhile mercy replaces accountability.

"Second chances dependable good," Rushford said. "But you person to gain them. You don’t conscionable get them due to the fact that a person wants to look compassionate."

Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send communicative tips to [email protected].