(Omaha, NE) -- A Blair man is sentenced to federal prison for threatening to kill a federal game and wildlife officer.
On Thursday, 24 year old Cody Cape was sentenced to 117 months in federal prison for Threatening to Murder a Federal Law Enforcement Officer and Carrying and Using a Firearm During a Crime of Violence.
Federal Prosecutors say in October 2020, Cape was cited by a United States Fish and Wildlife Service Officer, for a fishing violation. Investigators say Cape and his friend were subjects of an ongoing poaching investigation that was being investigated by the officer. During the course of this investigation, Cape’s phone was seized.
On December 24, 2020, Cape was picked up by his friend and Cape told his friend to drive to a specific location, which was the officer’s home in Blair. Investigators say Cape then had his friend drive him to an apartment in Omaha where Cape retrieved a .45 caliber handgun and a rifle. Cape then told his friend to drive to the Desoto National Wildlife Refuge to look at the employee housing to see if the officer was there. Cape’s friend refused. Prosecutors say Cape placed his handgun on his lap and directed his friend to take him to Desoto National Wildlife Refuge. Investigators say his friend was fearful and complied. The Desoto National Wildlife Refuge is located on the Nebraska – Iowa border. The main entrance to Desoto National Wildlife Refuge is in Iowa.
Investigators say on their return from Desoto National Wildlife Refuge, Cape discussed ways he planned to kill the Officer to include using C4, TNT, or dynamite. Cape discussed wiring explosives to the Officer’s USFWS vehicle or throwing explosives through a window into the Officer’s residence to kill the Officer and his family. His friend later contacted police to report what had happened and Cape’s statements.
Cape was located by Blair Police Department officers on December 25, 2020, and had a .45 caliber handgun in his vehicle. Cape was interviewed by FBI and USFWS officers and admitted to making statements about killing the Officer, although Cape claimed he was not serious. Cape stated he was under a lot of stress due to the Officer’s poaching investigation. When asked if he had made statements to kill the Officer, Cape stated “probably” and then went on to state, “I don’t know where the f### I’d get that s###.” When asked for clarification, Cape stated “C4.”
There is no parole in the federal system. Upon his release, Cape will serve a 3-year term of Supervised Release.