Douglas County Attorney Don Kleine says his office has hit a wall trying to ensure a mentally disabled Omaha man is properly supervised in the community. Kleine said Nebraska's Department of Health and Human Services declined to take court-ordered custody of 34-year-old Zachary Vinton, even after the agency itself recommended he not be left alone in public.
DHHS Recommends Supervision, Then Steps Back
According to KETV, Kleine said his office is facing a roadblock in Vinton's case because DHHS declined court-ordered custody, citing that Vinton already has a legal guardian. At the same time, the station reports, DHHS recommended that Vinton should not have any alone time in the community — a recommendation Kleine says nobody has been tasked with enforcing. “Who's going to enforce that?” Kleine asked, per the outlet's report.
Kleine also said Vinton's existing guardian may lack the capabilities to monitor his behavior as closely as the situation requires, the station's report states. His office filed a developmental disabilities custodial petition in July, a filing that requires approval from DHHS before it can move forward, according to the same account. Under Nebraska Revised Statute 71-1117, such a petition must include a statement that the subject has a developmental disability and poses a threat of harm to others, along with identifying information for any guardian or relative. A separate statute, 71-1122, says that once a petition is filed, the court must ensure the subject is represented by legal counsel and set a hearing date.
Accusations Trace Back to a Spring Incident
The case stems from accusations earlier this year that Vinton chased two young girls near 192nd and Q Streets in Omaha, per the same KETV report. In April, Vinton was accused of attempted child sex crimes, but those charges were eventually dropped, the station reported. Vinton told investigators he wanted to have sex with the girls, according to the outlet's account.
Other outlets have described the incident differently. KSNB Local 4 reported Vinton was arrested April 16 after accusations he chased two girls through a park in southwest Omaha, while KETV's earlier reporting placed his arrest on April 17 for allegedly attempting to have sex with children. WOWT reported deputies were called to a park near 196th and V Streets after Vinton allegedly chased two girls there and tried to grab one by the hair, and that he was charged with two counts of child abuse. Bond figures also diverge between accounts: WOWT reported prosecutors wanted a judge to review a $20,000 bond, while 3 News Now reported he was released after paying $2,000.
A Caretaker's Account of Vinton's Abilities
Court documents cited by KETV indicate Vinton's caretaker told officers he has the cognitive abilities of a 10-year-old. That detail underscores the central tension in the case: a man described as posing a potential risk to children, yet one whose own support system may be unable to keep him under constant watch.
3 News Now also reported that the Douglas County Sheriff's Office was increasing patrols in the Arbor Gate neighborhood following the initial accusations against Vinton. For now, the path forward remains uncertain — the state has recommended Vinton not be left alone in public, but according to Kleine's own account, it has also declined the custody arrangement that might make enforcing that recommendation possible.
