Prosecution, defense lay out cases; first witnesses called

After a jury was selected and seated during the morning, opening statements in the Jason Assad trial were heard at Cheyenne County District Court on Wednesday afternoon.

Assad is on trial for charges of terroristic threatening, first-degree false imprisonment, possession of a deadly weapon by a prohibited person, possession of a firearm by a prohibited person, use of a weapon to commit a felony and habitual criminality.

In his opening remarks, Cheyenne County Attorney Paul Schaub said a man warming up his vehicle on the morning on Sept. 14, 2014, heard a woman’s scream coming from the El Palomino Motel on Illinois Street in Sidney. A phone call to the Sidney Police and Cheyenne County Emergency Center set in motion a series of events that ultimately led to a search warrant, SWAT team response, Assad’s arrest and the discovery of a woman with facial injuries.

Video evidence was also collected at the scene from a surveillance system, he said.

Events captured on video recordings are graphic, Schaub said.

“What was on that was disturbing,” the county attorney warned jurors.

Schaub said the recordings show a woman with a hand against her neck, being thrown off the bed and also with a knife held against her neck.

“All in all, this is a straightforward case,” he said.

It may seem tedious, he added, because throughout the trial, he would be calling witnesses to establish the chain of custody of evidence collected.

Steven Elmshaeuser, an attorney representing Assad, was brief in his opening remarks.

He said the case against his client was rife with questions and changing stories.

Elmshaeuser said the first police officer to respond to the motel waited behind a wall of shrubs before he began knocking on doors. After police made entry into Assad’s residence, the lawyer said, he was understandably agitated.

“Of course he was upset,” Elmshaeuser said. “He had a SWAT team coming through the wall.”

The lawyer also said a knife used in the case against his client was only discovered two weeks following Assad’s arrest.

Throughout the afternoon, Schaub called five witnesses to explain the chain of events the morning Assad was arrested.

Darin VanNatter said he had just turned his vehicle on and was returning to his house on the morning of Sept. 14 when he heard a woman scream, “Leave me alone. Get out,” from across the street. The scream came from the El Palomino, he testified.

After reporting the incident, he left for work, he said.

A family friend of Assad testified he had loaned him a rifle. Assad has a prior felony conviction in Colorado.

Schaub played a video clip showing the man retrieving the gun from the El Palomino.

Three police officers and sheriff’s deputies were also called to the witness stand.

Sidney Police officer Jim Bush was the first officer to respond to the motel on Sept. 14. He said he waited behind a set of bushes after arriving to listen and look for the commotion. After seeing none, he walked around the site, looked in windows and knocked on a multiple doors, he said.

He subsequently tried to call the hotel, left to obtain a search warrant, requested another law enforcement agency to watch the property and returned to participate in the execution of the search warrant, according to his testimony.

Under questioning from Elmshaeuser, the police officer said the only evidence he had that someone was in distress was VanNatter’s report of hearing the scream.

Elmshaeuser also drew attention to a knife Schaub had presented to the court. Bush acknowledged dates on the evidence tag had not been properly recorded.

During testimony from Sidney Police Lt. Keith Andrew, a photograph of the alleged domestic assault victim was shown.

Andrew, a member of the SWAT team, had found the woman shortly after making entry into the residence, he said.

The picture was taken within five minutes of seeing her, Andrew testified. The picture showed two black eyes and other facial injuries.

The trial continued on Thursday.

EDITOR’S NOTE: In two stories published this week, the Sun-Telegraph included the original charges that were levied against Assad when he was arrested. Subsequently on March 11, the charges of domestic assault and drug possession were dropped against him by the county attorney.