Attorney For Sheriff Files Amended Motion To Quash Misconduct Charge

CHADRON – The lawyer representing Dawes County Sheriff Karl Dailey in the official misconduct charge filed by the attorney general’s office has asked a judge to throw it out.

Dailey is accused of misconduct for refusing to accept a state prisoner into the county jail.

The complaint filed in May alleges that Dailey, acting as the Dawes County jailer, violated state law in July 2019 when he refused to take custody of a man arrested by the Nebraska State Patrol on suspicion of 1st degree assault and 1st degree sexual assault of a Rapid City woman in Crawford.

Court records show the amended motion to quash filed by attorney Charles Brewster argues that Dailey was actually following state law citing a provision giving a sheriff discretion on whether or not to receive any prisoner into their county jail.

Judge Randin Roland has given Brewster until July 15 to file his brief, with the state having until the 22th to reply and Brewster until the 29th to file his rebuttal.

The charge against Dailey is a Class 2 misdemeanor carrying a maximum six months in jail and a $1,000 fine.