A convicted sex offender from Bellevue will be sentenced in March after pleading no contest to first-degree sexual assault of a minor.
Nicholas Avery, 35, faces 20 years to life in prison when he is sentenced March 30 by Sarpy County District Judge Nathan Cox. In exchange for his plea, which he entered Monday, prosecutors dismissed two other counts of first-degree sexual assault of a child and one charge of contributing to the delinquency of a minor.
Cox ordered Avery to undergo a psychosexual evaluation as part of a presentence investigation. He is being held in the Cass County Jail.
Prosecutors said Avery enticed a 13-year-old girl from another state to visit his Bellevue home, where she allegedly was raped in June. Police said Avery was talking with the girl on one social media website, then continued to communicate by other means.
Avery ordered a driver from a service to pick her up and drive her to Bellevue, police said. She arrived June 5. The girl’s parents reported her missing the same day.
Bellevue authorities were alerted by law enforcement officials from the girl’s home state that they suspected she was at Avery’s home in Bellevue. Police said the girl had sent a message to a friend saying she had been abducted.
Bellevue police went to Avery’s home near 36th Street and Capehart Road about 6:30 p.m. June 6. No one was home at the time, police said, but a few minutes later, Avery and the girl arrived in his vehicle.
Officers arrested Avery and interviewed the girl, who told police that she had been sexually assaulted multiple times at Avery’s home.
In a 2017 case, an undercover Bellevue police officer pretending to be a 15-year-old girl had responded to an Internet ad posted by Avery. Avery had written, “15 was too young for us to meet up, but 16 can work, but that we could stay in touch until then,” according to a court affidavit.
The messages then turned explicit, with Avery talking about vibrators, orgasms and how he liked having sex with virgins. He requested a full-body, clothed photo, and then sent a photo to the undercover officer.
After being convicted of child enticement by electronic communication device, Avery was sentenced to three years of probation and placed on the Nebraska Sex Offender Registry for 25 years.