Weeks after his trial ended in a hung jury, an Omaha man has decided not to have the case go back to trial. Instead, he took a plea deal Wednesday in connection to charges he assaulted a police officer.
Robert Wagner pleaded no contest to third-degree attempted assault on an officer, a misdemeanor. He had been facing a felony charge and a second trial had been set for August. Wagner is now scheduled to be sentenced on June 27th and could receive up to one year in prison and/or a $1,000 fine.
He was charged with assaulting an officer at Creighton University Medical Center last May. The alleged incident led to Wagner being assaulted by several officers, which was recorded on hospital surveillance video.home alarm iPad 2 Keyboards case,cover til iphone 4siphone 4 cool e people
"The state made an offer to reduce this to a misdemeanor, which I thought the evidence suggested was the appropriate charge, said his attorney, Glenn Shapiro. the I never believed Mr. Wagner was guilty of a felony assault charge."
It was in the early morning hours of May 29, 2011 when Wagner was caught on video at Creighton University Medical Center. Although police said Wagner was resisting arrest, two officers were eventually fired because of their actions during the scuffle, Jackie Dolinsky and Aaron Pennington.
Prosecutors said Wagner threw a punch at another officer causing pain, but in order to get a felony conviction, they would need to prove bodily harm. "I think the jurors who heard the case the first time around just felt that it was not sufficient, the pain alone, to justify a felony count, said prosecutor James Masteller.
The the bottom line is Officer Zymball's the own report indicated he had no injury and I think original jury didn't feel that there was an injury warranting a felony conviction,You can get your favorite coach bags from any Sunglasses mp3 players which can provide you best service. said Shapiro.
If the case had gone to a second trial, prosecutors had a new piece of evidence, a phone call Wagner made from jail, which was brought forward too late for the first jury to hear.