Snapchat evidence plays role in charges for Clay County crash that killed mother and son

CLAY COUNTY, Neb. (KSNB) - A Sherman County man has been charged in a two-vehicle crash that killed a mother and son in Clay County last year.

The Sherman County Sheriff’s Office arrested 22-year-old Justin Zoerb, of Litchfield, on Sunday.

This arrest comes following an extensive investigation by the Nebraska State Patrol and Clay County Sheriff’s Office into the Aug. 9, 2023 crash that killed 30-year-old Nicole Pavelka and 8-year-old Ryker Schlichtman.

Zoerb is now charged with two counts of felony motor vehicle homicide and one misdemeanor count of reckless driving in Clay County Court.

Last year, preliminary investigation showed that a semi, driven by Zoerb, was westbound on Highway 6 near the county line when it failed to slow down for stopped westbound traffic that was waiting for a vehicle to turn at Road A.

The semi then entered the eastbound lanes, lost control, and struck an eastbound Buick Enclave. The Buick was occupied by Pavelka, Ryker and three other children. Pavelka and Ryker were killed and the others were injured.

Zoerb was arrested for an unrelated warrant at the time of the crash and his phone was taken into possession by authorities.

A search warrant on that device was later executed, and according to court documents, it revealed a series of ongoing Snapchat messages being exchanged by Zoerb and another person.

The affidavit said the messages started at 4:02 p.m. and ended with Zoerb sending the last message at 4:07 p.m.

The call into the 911 center regarding the crash came in approximately one minute later, according to court documents.

NSP said in the affidavit that on scene evidence indicates that Pavelka took evasive actions by braking and steering to the right in an attempt to avoid a collision with the semi but was hit on the driver side.

The affidavit goes on to say tire skid mark speed analysis indicated Zoerb’s vehicle was traveling 70 mph in a posted 65 mph speed limit zone on Hwy 6 prior to the crash.

It’s also noted in the report that post-crash inspection indicated that Zoerb’s vehicle had no violations that would have placed the vehicle and trailer combination out of service prior to the crash.

The Clay County Sheriff’s Office said in a release that the collaboration and expertise with the Nebraska State Patrol were instrumental in bringing this case to a resolution.

“This arrest reflects the ongoing commitment of the Clay County Sheriff’s Office to ensure accountability and seek justice for the victims and their families,” the release went on to say. “Our office extends its deepest condolences to those impacted by this tragedy and thanks the Sherman County Sheriff’s Office and Nebraska State Patrol for their assistance in this matter.”

Zoerb was taken to the Custer County Jail, where he bonded out. He’s due in court Tuesday.