Case against County Attorney dismissed

AG files appeal, District Judge recuses self

BROKEN BOW - The case against Custer County Attorney Steven R. Bowers has been dismissed in Custer County Court, however, it is not over. The Attorney General’s Office filed an appeal with the District Court Dec. 4.

The charges against Bowers in County Court were Count I Official Misconduct, a Class 2 Misdemeanor; Count II, Obstruct government operations, a Class 1 Misdemeanor; and Count III, Oppression under color of office, a Class 2 Misdemeanor.

In a Nov. 15 order, County Judge Jeffrey Wightman granted the Defendant’s demurrer on Count I and quashed Count II. The judge granted the State leave to amend those complaints.

In the same document, Judge Wightman granted the Defendant’s demurrer on Count III. The judge did not grant leave for the State to amend Count III and dismissed the Count III.

As the State did not filed amended complaints by the Nov. 25 deadline, Wightman dismissed the case.

Nebraska Assistant Attorney General Gail VerMaas filed the notice of appeal Nov. 26. The notice alleges the County Court erred in granting the Defendant’s demurrers and motion to quash and in dismissing charges.

On Dec. 5, Custer County District Court Judge Karin Noakes filed an order to recuse herself. The case appeal will be heard by Judge Mark Kozisek, the other judge of the 8th Judicial District.

Contacted by the Chief, Custer County Attorney Bowers declined to comment due to the appeal but said he will be glad to answer questions once the matter is finalized.