Columbus man awaits sentencing for incest, threatening

COLUMBUS -- A 37-year-old Columbus man accused of drugging and raping his 31-year-old sister last fall pleaded guilty to attempted incest during a hearing in Platte County District Court.

The defendant, who is not being identified to protect the identity of the victim, also pleaded no contest to making terroristic threats during the district court hearing.

District Judge Robert Steinke set the city man’s sentencing for 10 a.m. April 18.

The defendant entered his pleas after reaching a plea agreement with the Platte County Attorney’s Office. In exchange for his pleas, the prosecution agreed to dismiss a charge of first-degree sexual assault.

Attempted incest is a Class 3A felony, punishable by a maximum of five years imprisonment, $10,000 fine or both and no minimum sentence. Making terroristic threats is a Class IV felony with the same maximum and minimum penalties.

The Columbus Police began investigating the case in early December when the victim reported receiving threats from her brother, according to an arrest affidavit filed by Sgt. Tim Kayl.

A police officer involved in the investigation reported being with the victim and listening on a speaker phone when the defendant said: “I’m sorry. I don’t want you to have to tell anyone that your brother raped you.”

The phone call led to the victim describing a sexual assault late one night last fall that began after her brother had served her an opened can of soda. The victim and her 6-year-old son had been living with her brother for about six months.

After drinking the soda, the victim reported falling asleep after about 30-40 minutes on the couch in the living room. The victim said she believed her brother had drugged her with sleeping pills from a prescription he had for the medication.

The victim, Kayl said in his affidavit, said she woke up to find the defendant having sex with her. The victim said she was unable to resist the assault because she couldn’t keep from falling back to sleep.

The victim said she awoke on the couch the next morning to find her clothes had been disturbed and she’d been covered with a blanket, Kayl said.

The investigation into the case began the first week in December when the defendant was accused of threatening the victim and her son.

There were several phone calls, Platte Count Deputy Attorney Carl Hart said during the district court hearing, in which the defendant threatened to harm the victim’s son.

The defendant threatened to take the victim’s child to the Loup Canal and throw him into the water, Hart told the judge. This intimidated the victim and caused great fear, which resulted in her calling the police and sparking the sexual assault investigation, he said.