A Panhandle sheriff has been charged with misconduct for allegedly refusing to accept a prisoner into his jail.
Charges were filed against Dawes County Sheriff Karl Dailey in Dawes County Court on May 20 by the Nebraska Attorney General’s Office. According to the complaint, on our about July 21, 2019, Dailey “knowingly violated a statute or lawfully adopted rule or regulation relating to his official duties as Sheriff or Jailer for Dawes County.”
The complaint states that Dailey refused to receive and keep Jesse Sierra, “a lawfully committed offender” in the Dawes County jail. The charging document cites Nebraska State Statute 23-1703 which sets out the duty of a sheriff overseeing a county jail and states that a sheriff “is required to receive those lawfully committed and to keep them ... until discharged by law.”
Jesse Sierra is one of two brothers charged by federal authorities on July 30, 2019, on charges of kidnapping. According to information released by the U.S. Attorney’s Office for the District of South Dakota, Sierra, and Dustin Sierra, were charged after the two men allegedly kidnapped a woman from Rapid City, South Dakota, on July 13, 2019, transporting her against her will and holding her on the Pine Ridge Reservation for several days, and ultimately taking her across state lines to Nebraska. On July 21, 2019, the victim was dropped off at the hospital in Chadron, Nebraska, with severe injuries, including broken bones and bruising to her face and body. Both men are currently scheduled for trial in July 2020, according to federal court documents.
Prior to charges being filed by federal authorities, Sierra had been arrested as part of an investigation conducted by the Chadron Police Department and Nebraska State Patrol. Seirra had been charged on July 21, 2019, in Dawes County Court and a warrant for his arrest had been issued. Felony charges of first-degree sexual assault, false imprisonment and strangulation remain pending against Sierra.
During the investigation, police had contact at the hospital with a woman who had been badly beaten and had reported being kidnapped and sexually assaulted by Sierra. She told authorities she had been held at a Chadron hotel in the days prior. According to the arrest affidavit in that case, a Nebraska State Patrol trooper transported Sierra to the Dawes County Jail after he was arrested by Chadron Police, however, the Dawes County Jail refused to accept him. The affidavit doesn’t state why the jail refused to accept him, but the man had been medically cleared prior to transport, which generally means he may have suffered an injury of some sort or had a medical condition. He was jailed at the Scotts Bluff County Detention Center.
The Star-Herald reached out to Dailey, who declined comment, but referred the Star-Herald to his attorney, Charles Brewster. Brewster said that Dailey intends to enter a not guilty plea when he appears on the charge this week “carry it forward to trial if need be.” Dailey is scheduled to make his first appearance in Dawes County Court on June 3 and Brewster said that Judge Randin Roland, 12th Judicial District County Court judge based in Cheyenne County, will oversee the case as Russell Harford, the judge who is based in Dawes County, has recused himself from the case.