After more than a year and a half and one continuance after another, jury trial for Tyler “TC” Bain has been continued once again.
The trial that was scheduled for June has now been continued for a fourth time - to October 2013.
Bain, 30, was arrested in October 2011, following an incident in which he allegedly abducted and assaulted his ex-wife, Kari Bain. He was formally charged with six counts resulting from that incident, which are:
Count 1: 1st degree sexual assault, Class II felony
Count 2: 2nd degree assault, Class III felony
Count 3: terroristic threats, Class IV felony
Count 4: 1st degree false imprisonment, Class IIIA felony
Count 5: use of a deadly weapon to commit a felony, Class II felony
Count 6: kidnapping, Class IA felony
If convicted on the kidnapping charge, Bain could face life in prison. He is facing up to 50 years in prison on Counts 1 and 5, up to 20 years on Count 2, and up to 5 years on Counts 3 and 4.
Bain was originally scheduled for jury trial in February 2012. The trial was continued to Oct. 9, 2012. In April 2012, Bain’s attorney withdrew from the case and Steven Bowers was appointed to represent him, as the public defender, Mike Borders, had a conflict of interest.
In September 2012, Bowers was appointed Custer County Attorney and Steven Potter was appointed to represent Bain. However, since Bowers had represented Bain prior to his appointment he could not serve as prosecuting attorney, so the State’s Attorney General’s office took over the prosecution of the case.
With a new attorney at the helm, Potter filed a motion to continue the trial so he could have sufficient time to prepare his defense. The jury trial was continued to February 2013, then continued again to June 2013.
According to police reports from the October 2011 incident, Kari Bain stated that Tyler Bain pulled her into the car by her hair, and threatened to kill her. He allegedly took her to their house where he allegedly repeatedly physically and sexually assaulted her.
Bain was released from the Nebraska Department of Corrections in December 2010, after serving six months on charges of terroristic threats and 3rd degree domestic assault, also on Kari Bain.
Bain’s attorney filed a motion earlier this month to continue the jury trial to Oct. 15, 2013, which was granted.
Bain and his attorneys have appeared in Custer County District Court a number of times requesting a reduction in bond, which each time has been denied by Judge Karin Noakes. Bain remains in custody in the Custer County Jail, where he has been since his arrest in October 2011, on $750,000 cash bond.