Sidney man accused in 2013 beating death pleads not guilty

Theodore Medina, accused of beating Ernie Ward to death in his Sidney home last November, pled not guilty to multiple charges in Cheyenne County district court on Thursday.

Medina, of Sidney, is charged in two separate cases, one for Ward’s death and another for assault on an inmate at the Cheyenne County jail.

In the first case authorities charged the 24-year-old with one count of first degree assault, a class two felony and manslaughter, a class three felony. The second case involves charges of second degree assault, a class three felony, and assault on a confined person, a class three A felony, for allegedly striking or wounding Steven Koch while he was in custody at the Cheyenne County jail on Nov. 4, 2013.

The bond in both cases was previously set at $100,000.

Medina was initially arrested on Nov. 2, 2013 following an altercation between he and 51-year-old Ward, also of Sidney.

Sidney police received an emergency call in the matter just before 4 p.m. on Nov. 2. When an officer arrived at the residence he allegedly witnessed Medina in an attempt to resuscitate Ward, who was lying on his back in a bedroom. Law enforcement took over in attempts to perform life saving measures.

Emergency Response Care transported Ward to Sidney Regional Medical Center.

Medina allegedly told those present that Ward was drunk and belligerent and there had been a shoving match between the two, during which Ward had fallen down multiple times.

Jose Hernandez, who was present in the home when police arrived, allegedly told law enforcement that Ward had initiated the altercation.

Ward often let his drinking get out of hand, Medina reportedly told law enforcement. Ward would regularly baby-sit Medina’s and Hernandez’s children, who were Ward’s grandchildren. Hernandez and Medina were both previously married to Ward’s daughters. Medina allegedly admitted that Ward had kicked him out of the house many times, but that Ward always allowed Medina to come back if he apologized.

Medina claimed that he came home from work at around 11:30 a.m. on Nov. 2 and fell asleep in the room he shared with Hernandez. Then Ward, who was already drunk according to Medina, entered the room and began to accuse Medina of being a bad father.

Ward reportedly began poking Medina. Medina allegedly admitted that he pushed Ward and that Ward fell down after the contact due to intoxication.

A shoving match reportedly ensued, during which Ward fell down against a plant. Medina then allegeded that Ward got up and punched Medina in the face. Medina admitted that he picked Ward up around the chest, threw him down and punched him in the side, according to court documents.

On recounting the events for a second time, Medina claimed that instead of picking Ward up around the chest, he picked Ward up behind the knees, which made Ward fall and hit his head, according to the affidavit. Hernandez then stepped in and told Medina to stop.

Medina reported that he put his head to Ward’s chest to make sure that he was still breathing. Medina then claimed that he went to smoke a cigarette and to calm down but only smoked for a short time before he decided to check on Ward. When he put his head to Ward’s chest he could tell the man’s heart was slowing. He then called 911 and began CPR, according to the affidavit.

Medina said that he and Ward fought often but had never previously gotten into a physical altercation.

Police also interviewed Hernandez about the incident. He offered the same basic information as Medina, except that he didn’t witness some of the shoving.

Doctors at SRMC diagnosed Ward with extensive brain injuries and bleeding around his skull and brain. He died at SRMC at 11:30 p.m. on Nov. 2, 2013.

In district court on Thursday judge Derek Weimer set a status hearing in the jail house assault case for June 12 and a trial in the manslaughter case for June 6-11.

Defense attorney Kelly Breen asked for a bond reduction in both cases.

“The defendant’s been a long-time resident of Cheyenne County,” Breen said.

Breen pointed out that Medina’s young son and his ex wife were present in court, representing some of his ties to the community. Breen promised that if let out on bail, his client would not attempt to flee the area or to have contact with any of the witnesses in either case.

He asked that bond be set at $50,000 in both cases. This would amount to a significant sum of money for Medina and his family, so he wouldn’t skip out on it, Breen said.

“He intends to appear for trial,” Breen said.

Breen added that his client wants to have his day in court.

“He’s not gonna miss it,” Breen said.

Cheyenne County attorney Paul Schaub, representing the state asked the judge to consider the nature of the crime and the circumstances of the case and not to reduce the bond amount. He reminded the court that Medina allegedly body slammed the victim, resulting in his death.

Weimer reduced bond in the jail house assault to $50,000, waived the order of extradition and ordered that Medina have no contact with any of the witnesses in either case.

Weimer kept bond in the manslaughter case at $100,000.