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District Judge Brian Silverman of Alliance has gone on an extended medical leave, forcing a shakeup of cases in the Panhandle.
Silverman's loss and the shift of a judgeship out of the Panhandle following the retirement last year of Paul Empson of Chadron leaves just three judges to cover the district courts in 12 counties.
The 3 remaining district judges -- Randy Lippstreu and Leo Dobrovolny in Scotts Bluff County and Christine Cecava in Sidney -- are adjusting their schedules to absorb Silverman's caseload.
In the most prominent change, Judge Lippstreu is taking over the case of Crawford Police Chief Rick Thompson. Thompson has been charged with 2nd-degree assault in the shooting death last October of a teenage burglary suspect.
Thompson's case had been on hold for about a month as Judge Silverman worked on a defense motion offering three different legal grounds for dismissing the charge...including one alleging irregularities in the grand jury that indicted Thompson.
Silverman was waiting to study the grand jury transcripts, which are sealed to the public, but became ill before he could complete his review and issue a ruling. Judge Lippstreu is now conducting the review, receiving two boxes of evidence Tuesday.
He's tentatively scheduled a hearing May 13th to review the motions and consider a supplemental brief by the defense seeking additional information on the grand jury proceedings, a request opposed by Special Prosecutor Jane Rhodes, the Morrill County Attorney.
Thompson shot and killed 16-year old Jesse Britton after responding to a possible mid-morning burglary in a vacant Crawford bar. Police reports say Thompson fired after Britton pointed a gun toward officers, and the defense claims he was acting in self-defense.
The grand jury required by Nebraska law in all deaths involving law enforcement handed down the lone indictment for 2nd-degree assault, a charge whose definition includes "recklessly causing bodily injury to another person with a dangerous instrument."
Britton's family has filed a wrongful death claim against the city of Crawford. Thompson was on administrative leave between the shooting and his indictment, when he was suspended without pay. He remains free on bail.
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