Chief gets jail time

Sidney Police Chief B.J. Wilkinson was sentenced to 30 days in jail on Friday morning after pleading no contest to a misdemeanor charge of obstructing government operations.

Twelfth District County Court Judge Paul Wess ordered Wilkinson to begin his jail sentence on Aug. 3 at the Cheyenne County Jail.

An appeal bond was set at $500. As of Friday afternoon, the bond had not been posted. If filed, the appeal bond would delay the jail term until a judgment on an appeal in the case was made.

Wilkinson was arraigned earlier this spring on a single charge that stems from an incident that occurred 1 1/2 years ago.

On Jan. 29, 2014, a Sidney Police officer responded to a residence for a report of suspicious activity. The resident told police her former boyfriend, Sidney Public Services Director John Hehnke, had been outside her house looking in the windows.

After interviewing Hehnke, the officer issued him a citation.

However, when the police report in the case reached the Cheyenne County Attorney's Office, the citation had been removed, Special Cheyenne County Deputy Attorney Doug Warner said in court on Friday.

In an email to the officer, Wilkinson said he had removed the citation, Warner told the court.

Earlier this year, the Nebraska State Patrol began an investigation into the incident and charges were brought against both Hehnke and Wilkinson.

In April, Hehnke pleaded guilty to a misdemeanor charge of disturbing the peace and received a $300 fine.

In an interview with the NSP, Wilkinson said he removed the citation for the "benefit of the city and the benefit of the man's career," according to Warner.

Wilkinson is represented by Thomas Sonntag.

Before sentencing on Friday, Sonntag said Wilkinson's action was motivated by what he thought was in his employer's best interest.

In a statement released shortly after the charge against Wilkinson was announced, Sidney City Manager Gary Person said the city believed the chief had acted appropriately.

"He handled the situation to the satisfaction of the complaining party at the time," the statement read. "He spoke with the former girlfriend, who was satisfied with the administrative plan of action."

Person added that it's an important part of the chief's job to use his discretion to determine how to handle situations with the police department.

Sonntag told the court Wilkinson has a distinguished record and a probation sentence would not be necessary.

"I think a fine is appropriate," he said.

Wilkinson told the court when he chose to report the January 2014 incident to city administrators instead of pursuing criminal charges, he thought he was doing the right thing.

He said he now acknowledges his error.

After a long pause, Judge Wess addressed the defendant. He said the chief's statement "indicates a mentality that ends justify the means."

"This is a different kind of crime," the judge said, adding Wilkinson is in a position of trust.

"We're not special – ever," Wess said.

The judge said determining a sentence was difficult because Wilkinson has no criminal record and a "commendable" service record.

Probation would be unproductive because Wilkinson is unlikely to commit a future crime, he continued.

"I'm convinced you'd be a law-abiding citizen from here on out," Wess explained.

Because a fine would be insufficient, the judge said, he ordered Wilkinson to serve 30 days in jail.

"Any other sentence would promote disrespect for the law," Wess said.

Wilkinson requested he be allowed two weeks before reporting to jail, and the judge consented.

Sonntag declined comment following the hearing, and Warner was not immediately available.

Person said because the city expects the sentence to be appealed, he has no comment at this time.

Friday's hearing, scheduled for 9 a.m., began 10 minutes early. Members of the public who attempted to enter the courtroom after the hearing began were temporarily blocked from doing so. A Cheyenne County Sheriff's deputy told those waiting outside they weren't allowed in because the hearing was already in progress.

After a few minutes, Cheyenne County Sheriff John Jenson appeared and allowed entry to the three people waiting outside the courtroom.

After the hearing, Jenson said courts are open to all and the deputy was mistaken to bar entry to members of the public.

Once he heard about the issue, Jenson said, he immediately went to the court and ensured anybody who wanted in was allowed entry, he said.

The sheriff said he would ensure all deputies understand the rules to prevent a similar event from occurring in the future.