Grand jury to convene in police shooting

Two Sidney Police officers involved in an April shooting that led to the death of a Sidney man are back on the job after a Nebraska State Patrol investigation determined the officers’ use of force was appropriate.

Sidney Police Sgt. Chad Borgmann and Officer Austin Smith had been placed on paid administrative leave following the fatal shooting of Dana Hlavinka on April 19, a standard procedure following officer-involved shootings.

“They have been back for quite a while,” Sidney Police Chief B.J. Wilkinson said on Monday. “The NSP’s investigation concluded that the use of force was within the confines of use-of-force policy. While we’re waiting for a grand jury to convene to look at all the evidence, the officers are back to work.”

Police were called to a neighborhood near the Hillside Golf Course in Sidney on the evening of April 19 for an apparent domestic dispute.

The first officers to arrive saw a woman bleeding from stab wounds running from the residence, according to a release from the Cheyenne County Attorney’s Office issued after the incident.

Borgmann and Smith entered the house and were confronted by Hlavinka, who was armed with a knife.

Hlavinka was shot by police and succumbed to the injuries.

The Nebraska State Patrol conducted an investigation into the incident, and Corey O’Brien, of the Nebraska Attorney General’s Office, has been appointed a special acting county attorney in the case.

Cheyenne County Attorney Paul Schaub said that was to avoid any appearance of a conflict of interest.

“Anytime there is a possible conflict, you have to step aside,” Schaub told the Sun-Telegraph in April. “Ethically, I can’t be involved in a matter like this when it involves the local police.”

Last week, O’Brien said that a grand jury would be conducted within the next 30 days.

In Nebraska, a grand jury is called whenever a person dies while being apprehended or while in the custody of law enforcement officers. A grand jury consists of 16 members and three alternates and all proceedings are conducted in secrecy.

Grand jurors will review evidence and determine whether there was any criminal conduct that caused or contributed to Hlavinka’s death.

“Once the grand jury actually makes its finding, there will be a release of information through the district court,” he said.