Nebraska shooter was an early release from Biden’s clemency program

 November 10, 2025

A Nebraska man, once granted clemency by the Biden administration, now stands accused of a violent crime that has reignited fierce debate over criminal justice reforms.

Khyre Holbert, 31, whose 20-year federal sentence for gun and narcotics offenses was commuted in January 2025, was arrested following a shooting in Omaha’s Old Market district on Oct. 4, as reported by Fox News. Federal prosecutors allege he discarded a loaded handgun with a high-capacity magazine, a weapon tied to multiple violent crimes across the state.

This isn’t just a single misstep but a spotlight on a broader policy that critics argue prioritizes optics over accountability. Holbert’s release, despite warnings from the U.S. Attorney’s Office about his gang ties and extensive criminal history, suggests a troubling gap in vetting.

Concerns Over Clemency Process Grow Louder

Law enforcement hasn’t held back their frustration with Holbert’s early release. The Omaha Police Officers Association labeled him "no stranger to the law," a polite way of saying the system failed to keep a known risk off the streets.

Attorney General Pamela Bondi called the case a stark example of failing to hold criminals accountable. Her words cut to the heart of a policy that seems more about clearing prison rolls than protecting neighborhoods.

Michael Rushford, founder of the Criminal Justice Legal Foundation, offered a scathing take, saying, "I don’t think you can delegate clemency. It was never intended that a president delegate that authority." His point lands hard: blanket releases without direct oversight risk turning mercy into negligence.

Pattern of Recidivism Fuels Public Outrage

Holbert’s case isn’t an isolated incident under this clemency wave. In Alabama, Willie Frank Peterson, another recipient of Biden’s January 2025 commutation, was arrested in March on fresh drug and gun charges after serving over a decade of his sentence.

Peterson was caught with cocaine, meth, and a loaded firearm, per federal complaints. This repeat pattern suggests that for some, early release is less a second chance and more an open door to reoffend.

Rushford didn’t mince words on this trend, noting, "With drug traffickers, especially those already convicted, this isn’t their first party. It’s hard to get into federal prison." His logic is tough to dispute when federal inmates often carry long rap sheets before ever seeing a cell.

Broader Policies Under Fire for Leniency

Beyond individual cases, Rushford points to a political climate that seems to sympathize more with offenders than victims. He criticized the defund-the-police movement as a signal that public protection takes a backseat to ideological experiments.

Some city leaders still push for counselors over cops in crisis situations, a stance Rushford calls absurd when dealing with violent repeat offenders. This mindset, paired with lenient release policies, chips away at trust in a system meant to prioritize safety.

Tragic cases like the 1993 murder of Polly Klaas or the more recent killings of Brianna Kupfer and Iryna Zarutska, all tied to repeat offenders, underscore the human cost of these failures. Rushford warns it often takes a horrifying loss before the public demands real change.

Restoring Balance in Justice System Urgency

With over 2,490 inmates freed in Biden’s clemency initiative, mostly for drug and gun crimes, the stakes couldn’t be higher to rethink how mercy is applied. Rushford argues clemency should fix clear injustices, not serve as a political gesture or favor.

He sees hope in a shift under the current administration, expecting a Justice Department more focused on fighting crime than emptying cells. His belief that integrity can return to the process offers a cautious optimism for those weary of revolving-door policies.

Ultimately, cases like Holbert’s and Peterson’s don’t just challenge the idea of second chances; they demand we ask who truly pays the price when compassion outpaces caution. As Rushford put it, "Second chances sound good, but you have to earn them," a reminder that justice must protect before it forgives.

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