Five charges were dismissed during the trial of a 30-year-old Omaha man.
Anthony J. Rowley had been charged with one Class I Misdemeanor (theft by receiving less than $500) and four Class II Misdemeanors (theft by receiving less than $200). Most of the theft cases originated in Beaver Lake.
The case went to trial in Cass County Court last week. A jury was impaneled and testimony was heard from seven witnesses, including two sheriff’s deputies.
The jury did not have to hand down a verdict though as Cass County Court Judge John Steinheider sustained a defense motion to dismiss after testimony.
Mike Ziskey of the alternate public defender’s office says the judge accepted his argument that the prosecution failed to prove the defendant took possession of the items with the intent to deprive the rightful owners of permanent possession of the items, one of the basic components of the charges.
The Cassgram reports that in other cases a 22-year-old Murray man pled guilty to a Class I Misdemeanor and a Class II Misdemeanor in a plea agreement in which a Class IV Felony was amended to the two lesser counts.
Kevin B. Daniels was charged after he was caught driving a 1996 Chevy Blazer stolen from rural Weeping Water on May 26th. Prosecutor Steve Sunde said Daniels knew the vehicle had been stolen (by a sibling) but drove it anyway and did not alert authorities.
Daniels had been unable to post bond since his arrest and had served 76 days. The prosecution agreed to a ‘time served’ sentence for attempted theft by receiving ($500 to $1500) and a one-year license revocation for the driving under suspension conviction. The judge concurred with the sentencing arrangement.