Assad sentenced to 35-47 years for five felony convictions

During a 20-minute court appearance on Thursday evening, Jason Assad was sentenced to a minimum of 35 years in prison.

He'll receive credit for the 263 days he's spent in custody since his arrest, but because the court ruled he's a habitual criminal, the remainder of the term is mandatory.

At age 36, he'll be 70 before he's eligible for parole.

Cheyenne County District Court Judge Derek Weimer set Assad's maximum sentence at 47 years.

The Sidney man was arrested last fall on numerous felony charges stemming from a domestic dispute. Police were called to a local hotel he owned for a report of a woman screaming on the morning of Sept. 14, 2014. Unable to locate anyone in distress, police obtained a search warrant for the living quarters at the El Palomino Motel.

Inside, they found Assad and a woman who had two black eyes and facial injuries. Assad was then detained.

Law enforcement officers also found digital surveillance equipment in the apartment, including a video camera in the bedroom.

Footage recorded two days prior showed Assad attacking the woman and preventing her from leaving the room. At one point, he held a knife to her face.

The recording and the victim's testimony, along with Assad's prior felony convictions, led to five felony charges against him: possession of a deadly weapon by a prohibited person, first-degree false imprisonment, terroristic threats, use of a knife to commit a felony and possession of a firearm by a prohibited person.

Assad was convicted on all of the charges following a three-day trial in April.

On June 1, Weimer ruled Assad's previous convictions made him eligible for enhanced sentencing.

Before the judge handed down his sentence on Thursday, Cheyenne County Attorney Paul Schaub – the prosecutor in the case – told the court that Assad had no regard for the victim's dignity and he was certain the man's arrest prevented a homicide.

"Can the defendant ever be reformed?" Schaub asked. "He's shown an unbending challenge to law and order."

The victim's life will never be the same, he said.

"The defendant didn't just stumble into committing these offenses," Schaub argued.

Assad's lawyer, Steven Elmshaeuser, refuted Schaub's characterizations and asked the court to be lenient.

"This is one event," he said, adding it was fueled by methamphetamine.

"If meth was not present, we wouldn't be here today," Elmshaeuser argued.

Assad was then asked to stand while the sentence was delivered. As the judge began to speak, Assad looked down, weeping quietly.

Weimer began by noting the defendant's criminal history – going back almost 20 years with charges in five Nebraska counties and three states.

According to a pre-sentence investigation, Assad denied having ever used meth, the judge said, and also denied he'd ever committed domestic violence against the woman.

Weimer paused, with silence filling the courtroom. Assad then glanced up. The judge looked directly at him as he continued.

"You were clearly, clearly violent with her," Weimer said. "In every sense of that word, you were violent with her – emotionally, physically and mentally."

Weimer's voice, stern, grew louder.

"To suggest you have control of your anger is clearly belied by the evidence before this court," he said. "You've had law violations going back to 1998. There are rules in this society we all agree to abide by."

Each sentence was punctuated by a brief pause.

"I don't think you have any appreciation for the seriousness of this case," Weimer continued. "There is no excuse for what you did. You took the woman away from her family. You stripped her of her dignity."

As Assad's punishment was read, he stared ahead, his head tilted to the right.

"You're remanded for the execution of the sentence," Weimer said. "That's it."

Cheyenne County Sheriff John Jenson swiftly led Assad out of the courtroom. The dozen members in the gallery followed, in near silence.

Assad will now undergo 30-60 days of evaluation at a Department of Corrections facility in Lincoln to determine which prison he'll be assigned to, Schaub said on Friday.

A call to Elmshaeuser's office was not returned as of press time.

The county attorney praised the efforts of all the law enforcement agencies involved in the case and said he believes Assad's sentence is just.

"And I've spoken with the victim and she agrees," he said.