The criminal case against Tyler C. Bain has hit yet another glitch. Bain appeared in Custer County District Court Aug. 22, with his attorney, Steven Potter, for a hearing on a motion to withdraw filed by the State.
The prosecution of the case was turned over to the State’s Attorney General’s Office when Steven Bowers was appointed Custer County Attorney. Prior to that appointment, Bowers served as a public defender, and had represented Bain in this case. Due to a conflict of interest the Custer County Attorney’s office removed themselves from the prosecution.
Attorney Matt Lierman appeared at last Thursday’s hearing, representing the Attorney General’s office. He informed the court that when going through documents of discovery that had been turned over to his office from the Custer County Attorney’s office, he found confidential attorney/client documents between Bowers and Bain from when Bowers was public defender.
Lierman says he immediately reported the documents and sealed them in an envelope. While no one else saw the documents, the Attorney General’s office must withdraw from the case as the result of those documents making their way into that office.
Judge Karin Noakes agreed and sustained the motion to withdraw. She now must locate a new prosecutor for the case.
Bain 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
Bain faces up to life in prison on the charges.
The case is set for jury trial Oct. 15, after being postponed four times. With this setback it remains to be seen if that trial will take place as scheduled. Bain remains in custody in the Custer County Jail on $750,000 cash bond.
Jason Royle, 37 of Broken Bow, appeared Aug. 22 for a plea hearing, having reached a plea agreement with the state. Royle had been charged with two counts of 3rd degree sexual assault of a child. As part of the agreement, Royle changed his plea from not guilty to no contest in exchange for the state dismissing one of those charges.
The Class III A felony carries a possible penalty of 0-5 years in prison, and/or $10,000 fine. Royle will be sentenced on the charge Oct. 24.
A plea agreement was also reached with Christopher Gallett, 23 of Broken Bow. Gallett was originally charged with 1st degree sexual assault of a child, a Class 1B felony, but had that amended to two counts of 3rd degree sexual assault of a child in exchange for his plea. He plead guilty on both counts. The victim in this case was not quite 12-years-old at the time.
The Class IIIA felony charges carry a possible 0-5 years in prison and/or $10,000 fine. Gallett is set to be sentenced Oct. 24.
Edward D. Beilke, 44 of Broken Bow, appeared in District Court Aug. 22 for arraignment on two charges: Count 1 - terroristic threats, and Count 2 - use of a deadly weapon to commit a felony.
Count 1 is a Class IV felony and is punishable by up to 5 years in prison and/or $10,000 fine, while Count 2 is a Class II felony and carries a minimum one year in prison and maximum 50 years. If convicted on Count 2, the sentence must be served consecutively to the other.
Beilke plead not guilty on both counts and the case was set for jury trial Oct. 15. A pretrial hearing is set for Sept. 26.
Nicholas Saner appeared on a motion to revoke probation. Saner was placed on probation May 9, 2013, and was arrested Aug. 1 for 3rd degree assault, a Class I misdemeanor. Saner has not yet appeared on that charge, and denied the allegation of violating his probation. The case was set for hearing Oct. 10.
Travis N. Brown appeared for sentencing after being found guilty of criminal attempt - 1st degree sexual assault, a Class III felony. Brown and the victim in this case were involved in a consentual relationship and now have a child together.
“This was not a case of preying - it was a relationship with just what the law says are wrong ages,” said Brown’s attorney, Mike Borders.
The state did not object to probation, and Judge Noakes sentenced him to 3 years supervised probation. He is not allowed to have contact with the victim until she turns 16, which is next month.
Aug. 8, 2013
Four individuals were arraigned in Custer County District Court Aug. 8.
Travis E. Marcus, 29 of St. Peters, Mo., was arraigned on one count of 1st degree sexual assault of a child, a Class II felony. Marcus faces from 1-50 years in prison, and plead not guilty to the charge. His case was set for jury trial Oct. 15, with a pretrial hearing set for Sept. 26.
Bruce I. Doane, 84 of Mason City, was arraigned on a charge of issuing a bad check, a Class IV felony. He plead not guilty and the case was set for jury trial Oct. 15.
Bill Barrow, 72 of Broken Bow, was arraigned on one count of 3rd degree sexual assault of a child, a Class III A felony. He plead not guilty and the case was set for jury trial Oct. 15.
Jeffrey H. Mann, 28 of Berwyn, was arraigned on a charge of Driving While Intoxicated - 3rd offense, a Class IIIA felony. The charge carries a mandatory minimum of 180 days in jail and maximum of 5 years in prison, and/or $10,000 fine, along with 15-year drivers license revocation. Mann plead not guilty and the case was set for jury trial Oct. 15.
Christopher Lightford, 22, appeared for sentencing after being found guilty of theft by receiving. He was sentenced to one year probation.
Jose J. Ramos, 41 of Lexington, appeared for a plea hearing after reaching an agreement with the state. Ramos plead no contest to: Count 1 - failure to appear, and Count 2 - 3rd degree sexual assault of a child. In exchange for his plea the state agreed to remain silent at sentencing.
Count 1 is a Class IV felony, with a penalty of 0-5 years in prison and/or $10,000 fine. Count 2 is a Class IIIA felony, which carries the same possible penalties as Count 1. Ramos will be sentenced Sept. 12.