A split Nebraska Supreme Court has affirmed Dawes County Sheriff Karl Dailey’s 2021 conviction for official misconduct by refusing to accept a prisoner from the Nebraska State Patrol in July 2019.
Dailey had been convicted in a 2-day bench trial by County Judge Randin Roland of Sidney, with District Judge Derek Weimer, also of Sidney, upholding the decision in January of last year.
The prosecution argued Dailey had acted out of spite over feuds and perceived slights with other law enforcement agencies that were amplified by the case of Jesse Sierra, who was arrested by the State Patrol in Crawford without contacting Dailey, the city’s law enforcement contractor, in advance.
Sheriff Dailey maintained he refused to take Sierra because of concerns over jail security and the prisoner’s medical condition, but admitted he was “abusive” toward NSP command and maybe should have accepted Sierra and then transferred him.
In his appeal, Dailey expanded his defense by arguing his refusal for security and medical issues was allow under Nebraska’s Jail Standards rules and that he also had authority to decline to take Sierra because he’d been arrested without a warrant or other court order and “by law” sheriffs have discretion to determine who is admitted to jail.
The Supreme Court, in its ruling issued Friday, turned to an 1879 law and dictionary definitions from that time in rejecting the lack of warrant issue and that the jail standards can’t alter a statutory requirement.
Chief Justice Mike Heavican and Douglas County District Judge Kimberly Miller Pankonin, sitting as a temporary justice, issued a dissenting opinion that concurred with the majority’s reasoning but disagreed with its conclusion.
Heavican wrote the prosecution hadn’t shown Dailey failed to comply with his obligations as jailer because the evidence showed the NSP didn’t present Sierra at the Dawes County jail or that jail staff declined to take him after he was medically cleared.
Heavican said the State Trooper who had Sierra in custody simply took him to the Scotts Bluff County jail without going to the jail in Chadron to see if Dailey’s statement that Dawes County wasn’t going to take Sierra was just rhetoric.
Despite the official misconduct conviction, Dailey ran for re-election last year and was unopposed, winning his 10th term as sheriff.
10 thoughts on “Split State Supreme Court Upholds Karl Dailey’s Official Misconduct Conviction”
Go Karl; you got this!
Rick, Old (C8S1) Crawford
Hang in there Karl, you have been great for many years.
I love how our county allows someone with a conviction to not only retain office, but get re-elected. Thank you clerk for not answering my concern prior to said election. Additionally, when you run unopposed, that does not mean you are doing a good job.
If you are unhappy, you are free to leave and move to a more democratic City or State. No one is holding a gun to your head to make you stay here.
How little you obviously don’t know me. First of all, I am a strict conservative through and through. Second, why should I have to flee my hometown? The problem is a lack of accountability in our country (not just this county). Our entire government was designed to be made up of The People, by The People, and for The People. We have the right to hold our government accountable, not bend over and take it like a communist country. We celebrate Memorial Day in thanks to the service men and women who paid the price for the life we have. You better check yourself before you tell someone to just accept the status quo or leave.
Sheriffs Handbook https://www.nationallibertyalliance.org/the%20county%20sheriff
BEING A POLICE OFFICER IS 1 JOB!!! I WOULD NOT WANT !!!! COMMUIST LIBBERALS DEFUND POLICE DEPARTMENT!!!! BUT WHEN TROUBLE ARISES WHO DO THEY CALL !!!! NOT POOPY PANTS biden !!!!!! WHEN I’M AT CONVINCE STORE AN OFFICER THERE I OFFER TOO BUY WHATEVER THEY ARE HAVING !!!!!! THEY SAY THEY ARE NOT ALLOWED FOR SOMEONE TO BUY THERE STUFF !!!! AROUND 3 OR 4 YEARS AGO WHEN COMMUIST LIBBERALS WERE DEFUNDING POLICE DEPARTMENTS !!!! SOUTH DAKOTA GOVERNOR NOEM ( SAID COME TOO SOUTH DAKOTA WE ARE HIRING LAW ENFORCEMENT OFFICERS )!!!!!!!!!!! NOEM FOR PRESIDENT !!!!!!!!!!!!!!!!
Have to agree with the comment above. What you are saying does not match up with what you say you believe. Maybe it is you my friend who needs to check yourself. Go in grace.
Brian, I’m with you. What does the fact that you do not think Mr. Dailey has done a good job have to do with your political beliefs? I, too, am a conservative and I support law enforcement, but that does not mean that I support the law officers who are “bad apples” and they exist, too. Karl Dailey has a long history of not getting along with other law enforcement agencies. He wants to “run the show” and doesn’t accept any of the others authority. His ego and temper gets in the way of him doing a good job. it’s all about him. Dawes County would be better off if he was out of there.
Vicki read my post above. JERRY