NEBRASKA CITY — Speeding is not necessarily reckless, even at 128 miles an hour on a motorcycle in Otoe County.

With some reluctance, County Judge John Steinheider has ruled that a 20-year-old Palmyra man was not guilty of reckless driving as charged, even though a State Patrol sergeant testified that Jacob H. Carman ran his bike more than 128 mph trying to get away from the trooper.

Patrol Sgt. Tim Salmon testified Friday that on Sept. 5 he saw two motorcycles speeding on state Highway 43 near the Cass County line.

They sped off when he turned around his cruiser to chase them.

“My transmission will not let me go faster than 128 mph. They were essentially pulling away,” Salmon said.

He found Carman and his 2005 Yamaha that day, but not the other motorcyclist.

At those speeds, Salmon said in court, “It would’ve been an awful scene if a motorcycle would have struck a deer.”

Nonetheless, Judge Steinheider said he was limited by Nebraska law.

“As much as it pains me to do it, speed and speed alone is not sufficient to establish reckless driving,” he told Carman. “If you had had a passenger, there would be no question of conviction. If there had been other cars on the roadway, if you would’ve went into the wrong lane or anything, I would have convicted you,” he said.

“In my street mind it’s reckless driving, but in my legal mind it is not,” the judge said.

Steinheider did not immediately return a call seeking comment Wednesday.

Deputy County Attorney David Partsch acknowledged that Carman could have been charged with speeding.

But, Partsch said, “We felt that the manner in which he was operating the motorcycle was reckless.”

Will the county appeal the judge’s ruling?

“As with any case we lose, we consider the merits of an appeal,” Partsch said, “but no decision has been made yet.”

Carman didn’t get off entirely. He was fined $300 for not having an operator’s license or proof of insurance and for having expired in-transit tags on his motorcycle.