Wagner Case Goes To The Jury

Closing arguments were heard Thursday in the trial of Robert Wagner, accused of assaulting an Omaha police officer last May. The case is now in the hands of the jury.

The scuffle involving Wagner and several officers and his arrest were caught by a security camera at Creighton University Medical Center. Two police officers were later fired.

The jury will decide if Wagner is guilty or not guilty of hitting an officer in the head.

What the jury did not hear is a recording of a phone call between Wagner and a family member the morning following the incident. Wagner made the call while he was at the police booking office. On the recording Wagner admits, "I got mad and swung."

But because the recording was not discovered until Wednesday, well after the deadline to submit evidence, the judge did not allow the jury to hear it.

In closing arguments, the prosecution asked the jury, “Don’t lose sight of why you're here, focus on the issues. The defendant punched an officer of the Omaha Police Department and caused bodily injury. You are here for four seconds that involved a punch.”

The defense said there is no physical evidence of a punch landing on the alleged victim/suspect. The defense also stated there were statements made in court that were not supported by video evidence. The defense said Wagner is seen on the videotape pulling his arm away from the officer and not throwing a punch.

Wagner can found guilty of assault on a police officer in the third degree or guilty of attempted assault on a police officer or not guilty. The jury will resume deliberations at 9 a.m. Friday.

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