An unusal case alleging child abuse in Cass County. The special prosecutor filed a Class IIIA Felony charge against 51-year-old Kimberly Plymale of Beaver Lake on January 19th. The judge denied a request that an arrest warrant be issued.
The Cassgram reports Kim Plymale was married to 78-year-old William Plymale who is now deceased. He was arrested last fall on four counts of first degree sexual assault of a child and one count of third degree sexual assault of a child, all felonies. He had been in Cass County Jail since his arrest in early October until January 19th when his wife posted his bond. Bond had originally been set at $200,000 but was reduced to $100,000 (10% applicable) on December 21st.
The trial was on the April docket in Cass County District Court.
Plymale died January 23rd at the Veterans Administration Hospital in Omaha. He was taken there by private vehicle. Doctors and investigators were told he had suffered injuries in a fall down some steps at his residence, said the Cass County Sheriff’s Department.
A memorial service was held on January 26th.
Kim Plymale was arraigned this week. She is free on a $5,000 personal recognizance bond. The preliminary hearing is February 24th in Cass County Court.
Since William Plymale had been a part-time employee of Cass County, his prosecution was handled by a special prosecutor instead of the county attorney’s office.
The same special prosecutor, Bill Tangemen of the state attorney general’s office, filed the charge against Kim Plymale. The charge stems from the counts filed against her late husband.
Court documents show the prosecution alleges that between December 8th of 2008 and March 17th of 2010 Kim Plymale did “knowingly or intentionally cause or permit” the now 7-year-old boy to be placed in a situation that endangered his physical or mental health; and/or allowed him to be in a situation for him to be sexually exploited and/or abused.
Tangeman had asked an arrest warrant be issued but that request was denied by Cass County Court Judge John Steinheider. In the case file notes, Steinheider wrote “probable cause is lacking and does not exist at this time.” The prosecution’s affidavit containing the reasons for the warrant request was sealed from public view by the judge.