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Motion to quash in Dailey case

Motion to quash in Dailey case

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Briefs and rebuttals on a motion to quash will be heard this month in a case against Dawes County Sheriff Karl Dailey. A complaint was filed May 20 against Dailey for alleged official misconduct, a Class II misdemeanor.

According to the motion to quash, filed earlier in July by defense attorney Charles Brewster, the allegations in the complaint are defective in that a county sheriff in Nebraska has discretion on whether to admit or receive a prisoner in the jail. This discretion is by virtue of jail standards in Title 81 of the Nebraska Administrative Code.

Further, the motion argues the language identifying Dailey as the Dawes County Sheriff is a defect, as naming a defendant in a criminal matter with his or her political office, profession or other title is irrelevant.

The complaint, made by Chief Deputy Attorney General David T. Bydalek, alleges that on or about July 21, 2019, Dailey refused to receive Jesse Sierra, 35, a lawfully committed offender, into Dawes County Jail and keep Sierra in the jail until discharged by law.

Sierra had been arrested and charged with a Class II felony of first-degree sexual assault and Class IIIA felonies of false imprisonment and strangulation. According to an affidavit, Sierra allegedly strangled a 21-year-old female subject using his hands and Christmas lights, beat her to the point of unconsciousness, threatened to kill her and repeatedly molester her.

Sierra and his brother are also accused of kidnapping the female subject and holding her against her will on the Pine Ridge Reservation. They are facing federal charges, with Jesse charged with two counts of kidnapping, three counts of aggravated sexual abuse by force, two counts of interstate domestic violence, two counts of aggravated assault resulting in serious bodily injury and two counts of assault by strangulation of a dating partner. Both are in custody in Pennington County, S.D.

Judge Randin Roland has allowed until Wednesday, July 15 for Brewster to file a brief of the motion to quash. The state then has until July 22 to reply, and Brewster has until July 20 to file a rebuttal.

Dailey faces a maximum six months in jail and a $1,000 fine if found guilty of misconduct.

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