Feb. 5, 2012
Webster County Commissioner
Webster Co. Court House
Red Cloud , Nebraska 68970
Dear County Commissioner :
I am writing to you to express my concerns about a very serious problem in the county.
I will illustrate by telling you of a recent event. This incident took place this past Wednesday night (Feb 1, 2012).
After a Pheasants Forever meeting at the community center in Red Cloud Jeff Armstrong, Vicki Alber (my wife), and I went to the South Bar in Red Cloud to pick up a sponsorship ad from the manager, Cody Minnick. As we sat there waiting we had a beer. Half way through the first beer I saw Scott Kort come in the back door. Given what I know about Kort and his behavior problems I knew this was a problem. As we had another drink and visited I noticed Scott making eye contact with me, in an attempt to try to intimidate me. He also began to undress himself as this seems to make him fight better in his mind (or maybe it’s a gay thing). Knowing that he wanted to have an altercation with me, the three of us at our table devised a plan to make an escape from the bar. We decided to place both Jeff and my wife between Scott and myself as we exited the bar.
The plan did not work as we had hoped, as we walked out of the bar Scott began verbally attacking me and followed us right out the door.
My wife immediately called 911 for assistance. As soon as we got outside Scott was in fight mode there was no stopping it. He charged and was taken to the ground immediately, the struggle continued on the ground for some time before I allowed Scott to get back up, hoping he had enough. I was wrong even though he had suffered some damage he wanted more. It continued for several minutes, with a few punches landing to his face before Deputy Frey arrived. As the Deputy approached in his words “Andy was in a retreat mode as Scott was in an attack mode”. The deputy saw this clearly. He proceeded to get statements from all those present. As he was taking my statement Scott Kort became verbally abusive toward me again and was placed by the officers in the back seat of the patrol car to avoid another attack. Jeff, Vicki, and I went into the bar to write out a statement for the officer. While inside the bar Jesse Wentworth, a friend of Scott’s who had been present for the entire nights events began to scream and threaten me. This, I must admit caught me off guard, the officers (now two with Frey and Nichols) were there. Wentworth had had several minutes to attack me but did nothing until the officers arrived. We finished speaking with the officers and Deputy Nichols asked that I leave the area in her presence since Wentworth was staring at me with an intimidating glare. I walked out with the two deputies following behind me and Wentworth right behind them shouting “I will bounce your f**king head off the sidewalk” and “I will crush your f**king skull”.
Now please try to picture this, with a deputy on either side of him he made threats on my life. As I put the key in the door to unlock the pickup I asked Wentworth “are you threatening me”? He told me that “it ain’t a f#*^ing threat it’s a f**king promise”. I got in my pickup and left.
Now I ask you what the hell are you paying into a Sheriff’s budget for?? Both Scott Kort and Jesse Wentworth committed crimes in the presence of an officer. Both Scott Kort and Jesse Wentworth walked away from the scene without being arrested. Scott was, from the deputy’s own words, guilty of third degree assault. Jesse Wentworth was extremely guilty of assault as well as terrorist threats. Both boys were released.
When my wife called 911 she had hoped that law enforcement would come to the scene. Instead we got two more spectators. The Sheriffs office has, for a long time, blamed the lack of prosecution in Webster county on the County Attorney , and I agree we don’t have a prosecutor either, but what good is a sheriff’s department that won’t even arrest for a crime committed in their presence.
Deputy Frey told me he could not arrest Scott because he did not see him swing at me. He needs to look up the legal definition of assault.
Then on the other hand he can not claim that he did not see or hear JesseWentworth make terroristic threats against me. He was less than 8 inches from him when he did it. If I want to put on a show for their enjoyment I will call them when I am fishing or hunting, but when I call them for “law enforcement” they need to do their job!!
Please look at the amount of money that our county spends on the Sheriff’s department. How much on cars, fuel, wages, benefits, training, and whatever else. Are you getting anything for your money? Anybody could have come to watch the fight that night I did not need another spectator.
Then look at your County Attorney , has he prosecuted a single crime in the past 8 years?? Or does he just reduce the charge and let them walk.
You can call in the State Attorney General. You can eliminate the funds wasted on sending spectators to the scene of the crime.
Why keep putting money into the budget for fools that don’t do their job.
You are the County Commissioner , you control the amount of money pissed away on departments that do nothing. If they were meant to have any amount of money they want then you would not be the ones in charge of their budget. Take charge.
A few years ago I came to you (the commissioners at the time) and told you of the approximately $100,000 that had been spent in a witch hunt against me. For those of you who were not there at the time I will explain.
After a few attacks from Scott and Jeff Kort on me and my property I had a discussion with then deputy Ryan Martin. In that discussion I asked for protection against the Korts. (I had a protection harassment order signed by the district court judge.) I explained to the deputy that I did have guns at my home and that if forced I would defend myself. Not that I would in any way pursue either of them but that if I was backed into a corner I would defend my home and family.
Now to my surprise I was charged with “attempted third degree assault”. What the hell is attempted third degree assault? McDole appointed a good buddy of his from Nucholls County to prosecute me (Tim Schmidt).
I may have been expected to take some stupid plea bargain, but there is no way I would consider that knowing that I had done nothing wrong. I asked for and was granted a public defender, I asked for and was granted a change of venue, I asked for and was granted subpoenas for about 25 people, I asked for and was granted a Jury trial, depositions were taken from several people, all this at the expense of the tax payer of Webster County. I had more fun than a kid in a candy store playing with public money.
After a Jury took less than 5 minutes to find me not guilty I asked for an appeal, to keep the fun going. I did not get my appeal, but who cares I had a great time. You paid the bill. Who needs to go to a movie or ball game when you can get good entertainment like this for free.
I do not know exactly why McDole and Deputy Martin felt the need to burden the taxpayers with this. It could have something to do with the fact that years ago I ran for County Attorney as a write in candidate and got about 1/3 of the vote. Maybe this embarrassed the less qualified McDole.
The point is if they can spend $100,000 on a ridicules witch hunt like this why the heck can’t they prosecute crimes that are committed in their presence?
Let’s get justice not revenge!!
Thanks for your time
Andy Alber
1720 Road Y
Blue Hill Ne. 68930
17 comments:
Would you say the county attorney is guilty of misfeasance or nonfeasance.??
• misfeasance is the negligent performance by a public official of a specific act that is a required part of his or her duties; and
• nonfeasance is the knowing and intentional failure to perform a specific act by a public official that is a required part of his or her duties.
Would a prosecutor that will not prosecute fall under the catagory of (“This process should be reserved for egregious breaches of the public trust,”) someone who should be recalled??
Just saying. . . . .
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. Assault is both a crime and a tort. It may result in either criminal or civil liability. Usually, the common law definition is the same in both criminal and Tort Law.
Nebraska Code
Section 28-310
Assault in the third degree; penalty.
(1) A person commits the offense of assault in the third degree if he:
(a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or
(b) Threatens another in a menacing manner.
(2) Assault in the third degree shall be a Class I misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it shall be a Class II misdemeanor.
for years now we have been promised by McDole that he will retire. maybe we need to help him do so.
Intimidation is a crime. What is intimidation? If someone verbally threatens you, even if they have not yet touched you, they have committed the crime of intimidation, which is considered in most states as unlawful force or coercion. If someone threatens you by shouting, "I'm going to kill you!", they have already committed a crime. Intimidation. You should, in fact you must, assume that they mean what they say and immediately take whatever action you feel is appropriate under the circumstances! Do not wait until they actually attempt to murder you!
sicle11 Del. C.§ § 621 Terroristic threatening; class G felony; class A misdemeanor; penalties.
(a) A person is guilty of terroristic threatening when he or she commits any of the following:
(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property; or
(2) The person makes a false statement or statements:
a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly or facility of public transportation; or
b. Knowing that the statement or statements are likely to cause serious inconvenience; or
c. In reckless disregard of the risk of causing terror or serious inconvenience; or
(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance that will cause the individual death or serious injury.
Has the commissioners responded yet? or do they just ignore anything they don't like?
Revised Statutes» Chapter 28» 28-311.01
28-311.01. Terroristic threats; penalty.
(1) A person commits terroristic threats if he or she threatens to commit any crime of violence:
(a) With the intent to terrorize another;
(b) With the intent of causing the evacuation of a building, place of assembly, or facility of public transportation; or
(c) In reckless disregard of the risk of causing such terror or evacuation.
(2) Terroristic threats is a Class IV felony.
It seems clear, if the allegations can be proved, Wentworth is guilty of making terroristic threats and if prosecuted should be found guilty and punished. With two law enforcement officers as witnesses making a case shouldn't be difficult. So what is the hold up??
Additional information on this matter can be found elsewhere on this blog. http://bluehilltoday.blogspot.com/2010/01/mcdole-schmidt-are-disgrace-to-selves.html,
The Sheriff has been asked to attend the next Commissioners meeting to explain the lack of action by his staff.
So how did the meeting go Tuesday as I hear the monthly was held?
Commissioners discussed the letter in closed session with Troy.
the commissioners found the county attorney guilty of both misfeasance and nonfeance although they didn't use those words. They asked him to save them the trouble of giving him the boot by getting his resignation to them ASAP.
What will happen if he doesn't?
Thank you for continuing to bring these great flaws in our government to the public light. How shall we fix them? Will you be running for Sheriff in the next election?
One would that if the sheriff had a prosecutor to work with he would be encouraged and take some criminal cases to the prosecutor. It must be terrible frustrating to go to the work of doing all the leg work, paperwork, investigation, and knowing without a doubt that nothing will come of it. If Mcdole gets out of the way and we get someone who will do the job, then we can find out what kind of a sheriff we have. But only if we actually have a prosecuting attorney that will do something.
This particular blog seems a little one sided.... there is always two sides to a story. But I would agree the County Attorney is 99.9% of the problem. To many times people in this county have not been held accountable for their actions by lack of prosecution from the C. Attorney. It must be frustrating for the Sheriff's Office to do their job... only to have it all thrown out by the C. Attorney. Before condemning the whole Sheriff's Office I think maybe take a step back and look at the whole picture of what they have to deal with on a daily basis; working nights-weekends, away from their family, every Holiday, rain or snow or shine, dealing with some very stressful situations, putting their safety/life in harms way on a daily basis. Just my two cents... Thanks for sharing.
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