Judge denies new trial for Assad

A motion for a new trial filed on behalf of Jason Assad, the Sidney man convicted of five felony charges in April stemming from a domestic dispute, was denied on Monday.

Additionally, the court – in a nine-page order – found Assad eligible for enhanced sentencing because of his previous felony convictions.

Sentencing is scheduled for Thursday, June 11 at 4:30 p.m.

Cheyenne District Court Judge Derek Weimer issued his ruling three days after a hearing held last Friday where the prosecution and defense argued the merits of the separate motions.

Assad was initially found guilty on April 17 of first-degree false imprisonment, possession of a deadly weapon by a prohibited person, terroristic threatening, use of a weapon to commit a felony and possession of a firearm by a prohibited person – all felonies.

The jury of five women and seven men deliberated for less than three hours following the three-day trial.

In a motion filed 10 days after Assad's conviction, his lawyer, Steven Elmshaeuser, listed five possible foundations for a new trial. However, in court last week, Elmshaeuser narrowed the basis for a new trial to one: the sufficiency of the evidence offered during the trial.

Assad was present at the hearing on Friday, wearing an orange jumpsuit and shackles. Elmshaeuser requested Assad's hands be unsecured so he could take notes during the proceedings. Weimer consented and allowed one of the defendant's hands to be un-cuffed.

Assad had a shaved head and full beard.

At the hearing, Elmshaeuser argued an implement used as evidence at the trial did not fit the statutory definition of a knife and that insufficient evidence was offered to support the false imprisonment and terroristic threats convictions.

In his order denying the request for a new trial, Weimer wrote that under state statute, there are two definitions of a "knife" – one of which the implement met – and that the prosecution had provided sufficient evidence during the trial to support conviction on the counts disputed by the defense.

On the separate issue of whether Assad met the definition of a habitual criminal, Weimer again ruled in the prosecution's favor.

County Attorney Paul Schaub presented exhibits establishing that Assad had two prior felony convictions in Colorado – one in Arapahoe County for possession of a controlled substance and another in Jefferson County for possession of a dangerous weapon and a controlled substance.

Weimer ruled the exhibits Schaub offered to establish the previous convictions were permissible.

"The evidence also shows that the Defendant was given multiple opportunities to demonstrate a desire to rehabilitate in the Jefferson County case and failed to so do," Weimer wrote. "He was originally given probation, violated that, then got placed on Intensive Supervised Probation, violated that, got put back on ISP with more conditions, violated that and then was ordered to serve his prison sentence."

In an interview, Schaub explained the ruling means Assad will be subject to enhanced sentencing.

"It requires that the sentence on each of the felony counts be not less than 10 years or more than 60," he said. "And whatever the judge sentences him to, that is actual time – with no credit for good behavior. It's basically what's considered to be a mandatory minimum."

On four of the counts, it will be up to the judge whether or not Assad is ordered to serve them concurrently or consecutively. However, the use of a weapon to commit a felony offense must be served consecutively, Schaub said.

Because of that, the least amount of time Assad could be ordered to serve is 20 years.

A woman who answered the telephone at Elmshaeuser's office on Tuesday said the lawyer had no comment.

Assad was arrested last fall at the El Palomino Motel in Sidney, a business he owned.

Sidney Police officers responded to the motel for a report of a woman screaming, according to testimony during the trial.

Unable to make contact with Assad, police obtained a search warrant.

In a subsequent search of the premises, officers found a female with two black eyes, according to police testimony. Surveillance equipment was also discovered.

Law enforcement obtained a search warrant for the footage. Nearly two hours of that video, which was a large part of the prosecution's case against Assad, was shown at the trial.