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Defense: Teen didn't intend to break cop's ankleTell North Platte what you think
 
Courtesy Photo­Image
Chelsey Cheyenne Mackey

A teenage woman accused of aggravated assault of a policeman didn’t really mean to do it, her attorney said Thursday in Lincoln County Court.

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Chelsey Mackey, 18, of Ogallala is in the Lincoln County jail, charged with aggravated assault of a police officer – a Class 1 felony – as well as criminal mischief.

Mackey was arrested April 12 at the Behavioral Health Service Center at Great Plains Regional Medical Center when police answered a call about a combative woman who was out of control. When officers tried to restrain Mackey in the emergency room, she struggled and injured the officer’s ankle.

A preliminary hearing was held Thursday to review the evidence and see if the charge should proceed to district court.

North Platte Police Officer Christopher Ablard described the events.

Ablard said he and Officer Brandon Myers arrived at the hospital and found Mackey standing inside a security door with one hand wrapped and another hand bloody and she was beating on the inside of the door.

When officers opened the door and entered, Mackey made a “come on” gesture.

Ablard said he and Myers took hold of Mackey’s arms to control her, but she continued to fight. A hospital security guard, along with a doctor and a nurse, joined in and helped the officers take Mackey to the floor.

In the process, Myers yelled in pain and said “my ankle is hurt.”

After Mackey was handcuffed, Ablard said he noticed Myers' ankle was turned 90 degrees from the normal angle, no doubt injured.

He said Mackey calmed down and was secured to a bed by hospital staff.

Deputy Lincoln County Attorney Austen Leighty asked Ablard if Chelsey could have kicked Myers and Ablard said, “There was a lot of kicking and struggling. She continued to struggle and kick after we had her on the floor.”

Defense attorney Robert Lindemeier maintained that Mackey did not directly injure the officer. Lindemeier said Myers' ankle was possibly hurt because so many people were involved in the scuffle. He said it was possible that one of the people who helped fell on Myers' ankle and Mackey did not intend to injure him.

“It’s not like Chelsey actually grabbed and twisted his ankle,” Lindemeier said. “It was injured during the scuffle; and that does not fit the legal definition of aggravated assault.”

Lindemeier asked Ablard if Mackey had tried to directly assault the officers.

“She swung as we entered the room,” he said, “and when I grabbed her arm she continued to struggle.” “The video will show what actually happened,” he said, referring to a video from the hospital.

A copy of video was given to Lincoln County Judge Kent Turnbull to look at.

Leighty told Turnbull that Myers suffered a dislocated ankle and a broken leg, which required extensive surgery. Myers will be off work for 6-8 months.

Turnbull took the case under advisement and said he would issue a decision after viewing the video.

Meanwhile, Mackey remains jailed under a $50,000 bond.

 


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The North Platte Bulletin - Published 5/2/2013
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