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Court: Separate Assault Convictions for Same Assault OK

Joshua Ballew
Joshua Ballew

OMAHA, Neb. (AP) — The Nebraska Supreme Court says convicting a person under different assault counts for a single attack does not constitute double jeopardy.

The ruling comes in the case of Joshua Ballew, convicted of two counts each of first-degree assault and second-degree assault for stabbing two men at a Lincoln party in March 2012. Ballew was sentenced to 10 to 22 years for each count.

Ballew argued that convicting him of two assault charges for the same stabbing amounted to double jeopardy.

On Friday, a majority of the high court reasoned that state law does not show clear legislative intent that the two counts constitute a single offense.

In his dissent, Justice William Connolly said even if the law were ambiguous, judicial rules require it to be resolved in Ballew’s favor.

Judge Finds Nebraska Man Has Spent Enough Time for Bird’s Death

bald-eagle-shotLINCOLN, Neb. (AP) — A federal judge has ruled a Nebraska man who was imprisoned last year for killing an eagle and a hawk has spent enough time behind bars.

Lamar Bertucci was sentenced in October to eight months in prison after pleading guilty to shooting the federally protected birds.

He objected before his sentencing hearing to a $10,000 value put on the eagle, arguing it should be lower. The amount of loss can dictate a sentence length, and the birds’ combined value would have made his sentence heavier.

An appeals court later tossed the October sentence, and Bertucci was released pending his resentencing.

His lawyer argued Bertucci already spent enough time in custody. A judge on Wednesday gave Bertucci credit for the time he served.

Nebraska Judge Clears Uber Driver of Illegal Service

ne-supreme-court-gavelPAPILLION, Neb. (AP) — An Uber driver who was accused of illegal service last year in Sarpy County has been acquitted.

Judge Stefanie Martinez found Attque Attqullah (ah-TEEK’ ah-tih-KEE’-luh) not guilty of operating without a state certificate of public convenience, failure to display a Public Service Commission plate and failure to file a proof of insurance statement. Court records say he’s also known as Atique Atiqullah.

Martinez held a nonjury trial on July 22 and issued her ruling Wednesday. She said prosecutors didn’t prove Attqullah committed the acts knowingly.

In May Nebraska lawmakers approved the legalization and regulation of ride services. But some prosecutors have said the new law doesn’t change the situation for drivers who were in violation of state regulations last year.

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Lincoln Attorney Disbarred for Felony Assault Conviction

ne-supreme-courtLINCOLN, Neb. (AP) — A Lincoln attorney convicted and sentenced to one to three years in prison for what police said was a knife attack on her husband has been disbarred.

The Nebraska Supreme Court on Friday issued the disbarment of 44-year-old Kristin Renee Walz, who pleaded no contest in 2012 to making terroristic threats. Police say Walz attacked her husband with a knife, cutting his arm and leg, in February 2011.

Her husband told police his wife had cut him but later recanted, saying he implicated his wife while under the influence of drugs and sleep deprivation.

Despite her plea, Walz has maintained her innocence.

In its order, the Nebraska Supreme Court said Walz’s felony conviction for a violent crime “damages the reputation of the bar and threatens public confidence in the profession.”

Northeast Nebraska Jury Convicts Man of 2003 Kidnapping

jury-boxMADISON, Neb. (AP) — A 49-year-old man will be sent to prison for life after being convicted of a 2003 kidnapping in northeast Nebraska.

Rosario Betancourt-Garcia was convicted Wednesday in Madison County District Court of kidnapping, conspiracy and use of a firearm. His trial began Monday.

Court records say Betancourt-Garcia was identified by his then-21-year-old victim as having been one of two men who kidnapped and terrorized him on Nov. 15, 2003. The other man, Jose Luis Trevino, was convicted in 2005 and sent to prison.

Officials say Betancourt-Garcia was mistakenly deported to Mexico shortly after the crimes occurred. He returned to the United States and lived in Texas until he was arrested in 2013 and extradited to Nebraska.

His sentencing hearing is scheduled for Oct. 23.

Man Injured in Mobile Home Fire, York Fire Chief Says

York_firefighter_patchYORK, Neb. (AP) — Authorities say a man who was hurt in a mobile home fire in York has been taken to a Lincoln hospital for treatment.

The fire at the York Mobile Plaza erupted around noon. Firefighters found the man lying in a yard near the home when they arrived.

Fire Chief Kevin Stuhr said the man was in the mobile home when the fire began and suffered serious injuries. The man’s name wasn’t released.

Stuhr says preliminary indicates are that the blaze may have been started by discarded smoking material. He says the home and its contents are total losses.

Police: Nebraska Man Threw Molotov Cocktails in School Parking Lot

sarpy-co.-sheriffGRETNA, Neb. (AP) — A 22-year-old man has been arrested on suspicion of throwing Molotov cocktails into a Gretna elementary school’s parking lot.

According to the Sarpy County Sheriff’s Office, three people walked onto Thomas Elementary property around 3:30 a.m. Tuesday. The sheriff’s office says the suspect ignited at least two Molotov cocktails before tossing them into the school parking lot.

Authorities say the pavement was scorched but the school building was not damaged.

The suspect faces charges of possession of a destructive device and criminal mischief of less than $500.

Injured Nebraska Gymnast Leaves Rehab Hospital 7 Months After Fall

Medical-ChartLINCOLN, Neb. (AP) — A college gymnast injured in a 23-foot fall has left a Lincoln rehabilitation hospital after months of treatment for a brain injury.

Heather Boulais, of Laguna Niguel in Southern California, fell on Jan. 14 while installing aerial silks in a gym before a practice by the acrobatics team at Union College in Lincoln. She left Madonna Rehabilitation Hospital on Thursday.

Her father, Terry Boulais, said, “to see her stand, take the steps, is very humbling.”

The college says an investigation into the accident is continuing.

Yellowstone Park Officials Euthanize Bear That Killed Hiker

yellowstone-national-parkHELENA, Mont. (AP) — Yellowstone National Park officials say they euthanized a grizzly bear after DNA tests confirmed it attacked and killed a hiker last week.

Park officials say the adult female bear was killed Thursday because it had eaten part of the Montana man’s body and hid the rest. They say that is not the behavior of a female bear defending its young.

An autopsy confirmed 63-year-old Lance Crosby of Billings died of a bear attack. His body was found by park rangers on Friday about a half-mile from the nearest trail.

Park officials captured the adult bear and two cubs. DNA from bear hair samples collected next to Crosby’s body confirmed the female was responsible for the attack.

They say arrangements are being made to transfer the cubs to a zoo.

Missing Woman’s Family Pursues Lawsuit Against Nebraska College

Tyler "Ty" Thomas
Tyler “Ty” Thomas

AUBURN, Neb. (AP) — The family of a Peru State College student missing since 2010 and presumed dead is pushing ahead with a lawsuit against the college in state court, just two weeks after a similar lawsuit was dismissed in federal court.

At a hearing in Nemaha County District Court on Wednesday, an attorney for the family of Tyler “Ty” Thomas asked a judge to find college officials responsible for ignoring warnings that Joshua Keadle was a possible threat to female students.

Judge Daniel Bryan Jr. will issue a ruling at a later date.

Thomas disappeared in December 2010 after leaving a party. Authorities say Keadle, who is in prison for a 2008 rape, made incriminating statements to investigators, leading them to believe he was involved.

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