|
Copley sentencing set for Nov. 5 |
|
|
|
|
Wednesday, 07 October 2009 |
|
 • Several charges dropped in agreement
• Jury trial avoided
By ELLEN MORTENSEN
Chief Assistant Editor
After spending nearly a year in the Custer County Jail awaiting trial, Winfield Scott Copley, III will have his fate decided by a judge rather than a jury.
Copley rose and stood facing Custer County District Judge Karin Noakes Oct. 1, as he entered his plea of no contest to a charge of 1st degree assault, a Class III felony. In exchange for the no contest plea the state agreed to dismiss the weapon charge, as well as a separate case involving D.U.I. and failure to submit to a chemical test.
In October 2008, Copley was arrested and charged with assault and use of a weapon to commit a felony following a shooting in the Broken Bow apartment building where both he and the victim, Rick Arellano, a neighbor, were living at the time. The two men had a number of altercations throughout the day of Oct. 14, 2008, with law enforcement being called to the residence twice prior to the shooting.
The third call was made by another neighbor who heard the two men arguing, followed by a gunshot. Police arrived to find 30-year-old Arellano shot once in the chest. He was transported to Jennie Melham Medical Center in Broken Bow, then airlifted to Good Samaritan Hospital in Kearney where he underwent emergency surgery.
“He (Arellano) is lucky to be alive,” Custer County Attorney Tami Schendt told Noakes during the Oct. 1 hearing.
After a series of delays and continuances, Copley was scheduled for jury trial Oct. 6. However, the court was advised Sept. 24 that an agreement had been reached and a plea hearing was set for Oct. 1.
Third degree assault carries a possible penalty of 1 to 20 years in prison, and/or a $25,000 fine. Sentencing for Copley has been set for Nov. 5. |
|
Last Updated ( Thursday, 15 October 2009 )
|
Huskers.com
