Judge Ruling Affects Protective Custody

Judge's ruling dismisses a felony charge against a Plattsmouth man.

The ruling also says there was “not sufficient basis” for the man to be placed in emergency protective custody. The former defendant has retained an attorney with the intention of filing a federal lawsuit claiming civil rights violations.

40-year-old David Koven Sr. had faced a Class III Felony charge of manufacturing marijuana. Police found items consistent with a small growing operation and a small amount of marijuana at his residence.

However, the manner in which those items were found prompted Cass County District Court Judge Randall Rehmeier to rule they were inadmissible as evidence. The charge was then dropped.

The judge’s order came after a pre-trial “motion to suppress” proceeding filed by the defendant’s attorney, Michael Ziskey.

According to court documents, Plattsmouth Police Officers Dave Murdoch and Leroy Lewis were among officers that responded to the Koven residence at 221 North 14th Street last June. Police said a neighbor had informed them that Koven’s wife, Roxanne, who was out of state at the time, called and was worried about David’s well-being. Police reported that the neighbor had said Roxanne was worried that David was possibly suicidal.

The Cassgram rpeorts Murdoch made contact with Koven but Koven stated he didn’t want to talk to officers, according to accounts of the incident. Subsequently, officers placed Koven in emergency protective custody and took him to a facility. After reviewing reports Rehmeier wrote, “…there was nothing in the affidavit or anything in the testimony of either Sergeant Murdoch or Officer Lewis that in any way indicated that the defendant, Mr. Koven, presented a substantial risk of serious harm to another person or persons within the near future …The mere fact that someone thinks that someone else is suicidal is not a sufficient basis for a finding of probable cause to take someone into emergency protective custody.”

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