Columbus man awaits sentencing for incest, threatening

By Jim Osborn josborn@columbustelegram.com
Wednesday, Mar 26, 2008 - 11:20:08 am CDT

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.

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klem
Mar 26, 2008 11:41 AM
One sick SOB.
AMY
Mar 26, 2008 12:19 PM
GOOD GOD!!! HOW SICK!!!! PUT HIM IN PRISON WITH INMATES THAT HATE SEX OFFENDERS~~~ THEN LETS SEE IF IT HAPPENS AGAIN~~ WHAT KIND OF A MAN COULD DO THIS?????? IT REALLY MAKES ME SICK
sweatpea
Mar 26, 2008 2:27 PM
EEEEEWWWWWWW!
Big Brother
Mar 26, 2008 2:59 PM
The law won't allow him to get what he deserves. Back in the old days they would of hung him high!
umm?!?
Mar 26, 2008 3:32 PM
This is terrible and just gross.
Pete
Mar 26, 2008 8:25 PM
People of Columbus please stop drinking the water, and this kind of thing will stop. (it has to be the water doesnt it?)
Allen
Mar 26, 2008 9:21 PM
This just makes me sick!! Not only does he rape his own sister our lovely county attorney plea bargins with him when they have him dead to rights. this guy was going to prision no matter what why plea out with him. I think it is about time to get her out of her position. I have been reading the newspaper and evey time a big crime comes up she pleas it out to get that conviction rate up. And if you all think I am nuts just watch the news paper another month and you will see another drug dealer get half of their charges dropped and the ones they plea to lessoned!!!!!

me
Mar 27, 2008 1:08 AM
I have wondered about the plea deals myself. Does it cost to much to prosecute without a plea or is this lazyness?
smcrpntr54
Mar 27, 2008 12:10 PM
This is sick. Did he think he lived down south. I have heard of first cousins and siblings get married down there.
The laws do not allow for harsh enough sentenances for this dispicable act. Is he that hard up to have to try to rape his own sister?
I am just glad I am not his parent. I would hate to think what I would do to him If I was. Too ugly to print here.
It should be treated like the most violent rape and sent to prison for as long as possible.
Dave Groteluschen
Mar 27, 2008 12:46 PM
Looks like a classic case of where we should use the neutering technique.
jpaulcan
Mar 27, 2008 5:36 PM
To Allen & me: Our county attorney's budget isn't large enough to take every pervert and meth dealer to trial for the sake of slapping a longer sentence over a plea bargain. Then there's the potential of losing a case over a technicality. Platte County is no different than any other in how they handle these cases.
hmmm,just thinking
Mar 27, 2008 9:31 PM
I can't believe that this person was allowed a plea bargain. As if the rape wasn't bad enough, but he threatened to do bodily harm to her son. Makes one wonder what else this individual has done, to other vulnerable women. And what he is capable of doing when he is done serving what minimal sentence he will probably receive.It is unlikely that he will be "cured" or "reformed",, so he is likely to always be a potential reoffender. Scarey isn't it?
focused
Mar 27, 2008 10:25 PM
I cannot imagine the victim would really want to testify about such an event. Thank you Telegram for respecting her annonymity! May God be with this woman during her efforts to cope and adjust.
gipsy
Mar 28, 2008 8:39 AM
Often potential problems with witnesses can not be reported in the newspaper as well. Plea bargains often look like a cop out in print for a lack of a better word to those that are ignorant of all the facts of the case, but are a necessary evil in order to ensure a conviction in some cases.
paulcan
Mar 28, 2008 4:42 PM
the plea bargain also keeps the victim from having to testify at a trial. Who needs that?
Masood
Mar 29, 2008 9:34 AM
For such a crime Its stoning to Death in Islam. There is no Mercy Petition in Islam in such like Henious Inhumnan Crimes. Thats the reason that in the countries where there is Islamic Law there is no crime of such nature. It should be remembered that except Saudi Arabia and afghanistan {Taliban Period) and Iran all other countries having muslim population are not regonised as Muslim States with Islamic Laws. so it is better that for the betterment of the innocent weak boys and Girls and even the Women the West should think on the introduction of much more severe Punishment as envisaged in Islam .
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