The police chief said the officers are shaken up, and the men's colleagues said it was a long day for the entire department. Reinhardt got out of his car, but just a few minutes later, he allegedly jumped back in and threw the car into reverse.
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Reinhardt's car pinned one officer against the police cruiser and dragged the other officer. At least one of the officers then fired at Reinhardt's car, hitting Reinhardt. He later died at a hospital. Bellevue Police Officer Dontrell Ducker heard about the shooting at about 4 a. They can't get it out of their heads. He trained with Abbott, since both men started their careers with Bellevue.
Two Nebraska officers injured, suspect shot - ARCOM
Deputy Sarpy County Attorney Tricia Freeman said a grand jury will be convened to look into the death. Reinhardt's criminal record includes a warrant out for his arrest. Since March of , when Reinhardt was 17 years old, he's been arrested 11 times. At the time of his death, he was on probation and had two pending court dates; one an arraignment for domestic assault and disturbing the peace and the other a sentencing for methamphetamine possession and shoplifting.
Both are felonies. At this point, it is unclear whether Reinhardt had been using drugs or alcohol before the incident night. Investigators are conducting an autopsy. An attorney for Reinhardt's family released a statement saying the family is grieving, not just for his death, but the manner in which he died. They hope the grand jury process answers their questions about what happened. MI, USA. Good for them! Here's to a quick recovery and a quick burial.
As Toby Keith said, "..
It's time the long arm of the law put a few more in the ground Shoot it man! Shoot it in the head! Ducker told Mas he was under arrest and pushed Marisol out of the way when she disobeyed his commands to back up.
A crowd of 10 to 12 people converged on Ducker, yelling profanities. Ducker drew his weapon and faced the crowd that was coming toward him. Rosado, Marisol's husband, stood between Ducker and Marisol, pounded Ducker's chest, and told Ducker "shoot me, mother fucker. The crowd continued to move toward Ducker even though Ducker kept ordering them to back up.
Rosado kept telling Ducker to shoot him, and Ducker told Rosado that if he took another step he would shoot. After the crowd started to de-escalate, Ducker holstered his weapon and went to arrest Mas, pushing him against a wall. Mas started throwing punches at Ducker, and Rosado joined in. Several other officers arrived and were eventually able to take control of the situation. Rosado and others were arrested. It is undisputed that Ducker never verbally identified himself as a police officer.
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However, he was wearing a polo shirt with an embroidered badge and the words "DET. He also had his departmental badge clipped to his belt. Ducker testified that Rosado spoke English to him, even though Rosado testified at trial that he does not speak or understand English. The State charged Rosado with one count of third degree assault on an officer, a Class III A felony; one count of obstructing a peace officer, a Class I misdemeanor; and one count of resisting arrest, a Class I misdemeanor. The jury found Rosado guilty of obstructing a peace officer and not guilty of resisting arrest.
The jury failed to reach a verdict on the charge of third degree assault on an officer, and thus a mistrial was declared with regard to that charge. That charge was eventually dismissed with prejudice.
For the conviction of obstructing a peace officer, Rosado was sentenced to 15 months' probation. The district court denied Rosado's motion for a new trial. Rosado now appeals. Rosado alleges that the district court erred in 1 finding there was sufficient evidence to convict him of obstructing a police officer, 2 imposing unreasonable and unauthorized terms of probation, 3 imposing an excessive sentence, 4 failing to grant his motion for a new trial, and 5 failing to dismiss the charges or discharge Rosado due to prosecutorial misconduct.
When reviewing a criminal conviction for sufficiency of the evidence to sustain the conviction, the relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v.
Davis, Neb. The standard used to review the terms of probation is whether the trial court abused its discretion. Mlynarik, 16 Neb. An appellate court will not disturb a sentence imposed within the statutory limits absent an abuse of discretion by the trial court. Davis, supra.
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A trial court's order denying a motion for new trial is reviewed for an abuse of discretion. Schreiner, Neb. Whether prosecutorial misconduct is prejudicial depends largely on the facts of each case. Robinson, Neb. An appellate court reviews a motion for new trial on the basis of prosecutorial misconduct for an abuse of discretion of the trial court.
Rosado argues that the district court erred in finding there was sufficient evidence to convict him of obstructing a police officer. Pursuant to Neb. There must be some sort of affirmative physical act, or threat thereof, for a violation of the statute to occur. Owen, 7 Neb. Ducker testified that while working at Southgate Apartments on June 21, , he had the same powers that he had while working for the Bellevue Police Department, including the authority to make arrests.
Ducker was trying to get information—driver's license, registration, proof of insurance—from Mas because Ducker had witnessed Mas speeding in the complex. Mas was being uncooperative, and while Ducker continued to make additional requests for the paperwork from Mas, Marisol approached Ducker and told him to leave her son alone. According to Ducker, Marisol then pushed Ducker. Ducker attempted to arrest Mas, repeatedly told Marisol to back up, and when Marisol did not move, Ducker pushed her out of the way.
The crowd, including Rosado, converged upon Ducker, and Ducker drew his weapon. Rosado began pounding his chest saying "shoot me, mother fucker. Viewing the evidence most favorable to the State, we find there was sufficient evidence to prove beyond a reasonable doubt that Rosado used "violence, force, physical interference, or obstacle" to intentionally obstruct, impair, or hinder the preservation of peace by Ducker, a peace officer acting under the color of his official authority. Because there was sufficient evidence to prove beyond a reasonable doubt that Rosado committed the offense of obstructing a peace officer, this assignment of error is without merit.
Rosado argues that the district court erred in imposing unreasonable and unauthorized terms of probation. Rosado specifically argues that the following terms are unreasonable or unauthorized:. Section 2 sets forth 20 conditions of probation that the court may require the offender to comply with.
Nonetheless, there is a "catchall" provision in subsection r , providing that the court may require the defendant to "satisfy any other conditions reasonably related to the rehabilitation of the offender. See State v. Morgan, Neb. Terms of probations, being the sentence of the court upon a criminal conviction, are reviewed for an abuse of discretion. McCrimon, 15 Neb. With the foregoing general principles in mind, we turn to the specific conditions of his probation to which Rosado assigns error. We begin with probation condition No. The substance abuse questionnaire SAQ shows that Rosado is in the "problem risk range" on the violence scale.
And during the events of June 21, , Rosado was part of a large crowd that converged on Ducker while Ducker was attempting to do his job. Rosado pounded Ducker's chest and told Ducker to shoot him. That Rosado's temper was an element in this situation is obvious—a calm and rational person does not repeatedly tell a law enforcement officer pointing a gun at him to "shoot" him. The claim that this condition of probation should not have been imposed is without merit.