The man who pleaded guilty to attempted assault on a police officer outside of Creighton Medical Center last year was sentenced Wednesday in Douglas County District Court.
Judge Duane Dougherty sentenced 36-year-old Robert Wagner to 60 days in jail with credit for time served, which is nine days.
Wagner pleaded "no contest" to the misdemeanor on May 9th after a trial for a felony charge ended in a hung jury. After talking with jurors, the County Attorney's Office and the defense attorney said it was clear the jury felt Wagner's actions were more of a misdemeanor.
Wagner went to Creighton Medical Center on the night of May 29, 2011 when his cousin, Jimmy Levering, was shot. Levering later died of his injuries.
Wagner's attorney, Glenn Shapiro, said in court it was high emotions and the pressure of a family member being injured that led Wagner to overreact when asked to leave the hospital. He allegedly made a comment to a female detective as he was leaving and a group of Omaha police officers tried to arrest him. In the melee, police said Wagner swung at an officer, although it did not cause any injury.
Even in court for sentencing, Wagner still denied throwing a punch and said he took the plea deal simply to avoid having to put his sick father through another trial.
Shapiro said he will file for work release for Wagner, who is self-employed as a painter.