By Associated Press - Thursday, March 13, 2014

GERING, Neb. (AP) - Felony charges have been filed against a 29-year-old man shot by an officer after a nearly three-hour standoff in Scottsbluff.

Court records say a preliminary hearing on the four counts of terroristic threats will be held Tuesday for Matthew Schwab. A public phone listing for Schwab couldn’t be found. His attorney declined to comment on Thursday.

Authorities have said Schwab was shot by a Scottsbluff officer around 10:30 p.m. on Jan. 21 after holding officers at bay.



Officers were sent to the scene around 7:45 p.m. to check a report about an armed man who was yelling while standing in a street on the southeast side of the Nebraska Panhandle city. When they arrived, the officers said, Schwab retreated into a recreational vehicle that was parked nearby on the street. Other officers were called in, and a negotiator soon made contact with Schwab, they said.

The Nebraska Highway Patrol said Schwab came out of the RV about 10:30 p.m., pointing a handgun at the officers. Scottsbluff Police Chief Kevin Spencer said officer Matt Berbel yelled at Schwab to put down his gun. He didn’t. Herbel then fired two times, striking Schwab twice in the upper body.

Herbel, an 11-year veteran of the Scottsbluff department, has returned to duty after an internal investigation.

Court documents say Schwab put Herbel and three other law enforcement officers at risk when he refused to drop the handgun. The patrol said Schwab never fired his weapon.

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