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North Platte case sent to district courtTell North Platte what you think
 
Courtesy Photo­Image
Samuel D. Schlegel
Courtesy Photo­Image
Michael S. Stansall
Courtesy Photo­Image
Larry Kirchner

Felony charges against Samuel D. Schlegel were bound over to district court Thursday after extensive testimony by the arresting officer, Dale Matuszczak.

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Schlegel was in Lincoln County Court for a preliminary hearing on charges of disturbing the peace, trespassing, resisting arrest and four counts of possession of controlled substances after he allegedly raised a ruckus in a stylish residential area in southwest North Platte.

After hearing evidence from Deputy Lincoln County Attorney Austin Leighty and Matuszczak, Lincoln County Judge Kent Turnbull found enough cause to bind the case over to district court.

Matuszczak took the stand to describe the arrest and charges.

He said he was sent to the 900 block of Dillon Court around 6 a.m. Aug. 6 on a disturbance report.

A neighbor told the police that someone was banging on a nearby door and yelling to get into a home to see his girlfriend.

It was the second call that night to the same place; the first was at 2 a.m.

When Matuszczak arrived, eh said he found a vehicle at the curb with a man in the driver’s seat. Matuszczak said had reason to believe the man was involved in the disturbance, from the information he’d been given.

He said the man rolled up the windows and locked the door as Matuszczak approached. And, the man – Schlegel -- would not respond to him.

Another officer arrived and Matuszczak told the man in the car he should come out and speak with him or he would have to break the window.

Schlegel got out, but when he was told to put his hands behind his back he said “that would never happen,” Matuszczak said, and began resisting the police.

Schlegel turned around and faced the officers and again said it would never happen and continued to struggle against them.

Matuszczak said he hit Schlegel in the chest with his taser and they cuffed him.

He said the struggle with officers was recorded on the police cruiser’s dash camera.

Matuszczak said there was a backpack on the seat of Schlegl’s car within easy reach of the driver, so police searched the seat as a routine precautionary check for weapons.

In the backpack, they found a bottle of prescription pills. On the seat, they found a box containing several types of pills. At the station, they identified the pills, using the Drugs.com website, and identified the pills as hydrocodone, oxycoton and alprazalam (Xanax).

Schlegel paid bond and was released from jail the day after the ruckus.

Turnbull ordered the case to proceed to district court.


Also in county court Thursday:


Michael Stansall, 21, of North Platte was convicted of third-degree domestic assault.

His charge was amended to remove the part of the charge that alleged the victim was pregnant. Turned out she isn’t and she falsely told the police that, Deputy Lincoln County Attorney Austin Leighty said.

Stansall pleaded no contest to the reduced charge. Because of Stansall’s prior record, Lincoln County Judge Kent Turnbull denied a request for bond reduction and ordered a presentence investigation. Turnbull also told defense attorney Martin Troshynski he couldn’t reduce bond for someone with a history of mental illness.

Stansall remains in the county jail on a $10,000 bond.

His arrest record includes prior charges of failure to appear, fugitive from justice, criminal mischief, intimidation, trespassing, contributing to the delinquency of a minor, and abetting shoplifting.


Kirchner

Larry Kirchner, 49, was convicted of third-degree assault after he pleaded no contest.

He was sentenced to 120 days jail with 50 days credit for time served since he was arrested.

Kirchner was charged with sexually assaulting of a woman living at the Pawnee Assisted Living Hotel. The 25-year-old woman told police that a man made sexual contact with her without consent on the sidewalk outside the hotel. She said they were acquaintances, but did not have any type of sexual relationship.

Kirchner’s original charge of sexual assault was reduced to assault by the Lincoln County Attorney because of the questionable validity of the victim’s statements.

The victim claimed that Kirchner grabbed her breast and asked for sex, but Defense attorney Martin Troshynski said her story wouldn’t hold up and Deputy Lincoln County Attorney Austen Leighty agreed.

Lincoln County Judge Kent Turnbull said Kirchner’s record of assaults make the relatively long sentence necessary.

Dating back to May 2011, Kirchner’s has been arrested for criminal trespass, disturbing the peace, two counts of third-degree assault, DUI, refusal to take a breath test and he’s failed to appear in court four times. He was also stabbed in January after an argument with a man outside the Cedar Lodge motel.


Churchwell

Stanley Churchwell, 26, of North Platte waived his preliminary hearing on burglary and the case was bound over to district court. His bond remains at $12,500.

Churchwell was arrested Sept. 29 after he and several people were seen carting off pickup loads of items from a home and yard in the 700 block of N. Bryan.


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The North Platte Bulletin - Published 10/11/2012
Copyright © 2012 northplattebulletin.com - All rights reserved.
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