Wilkinson challenges misdemeanor conviction

Despite pleading no contest to a misdemeanor charge of obstructing government operations, Sidney Police Chief B.J. Wilkinson is challenging his conviction.

In a court document filed last month, Wilkinson’s attorney Thomas Sonntag argued that the Cheyenne County Court committed three errors in finding Wilkinson guilty of the alleged crime and sentencing him to 30 days in jail.

Wilkinson has filed an appeal in the case. At a hearing on Aug. 7, special appointed Cheyenne County District Court Judge Travis O’Gorman gave Wilkinson until next week to submit a written appeal. The state will then have one week to respond.

A hearing for oral arguments is scheduled for Monday, Sept. 28 at 9:30 a.m.

Wilkinson pleaded no contest in July to the single charge stemming from an incident that occurred more than 1 1/2 years ago.

According to court testimony and documents, in January 2014, Wilkinson blocked a citation that had been issued to a high-ranking city employee who has since been fired. A subsequent Nebraska State Patrol investigation turned up an email Wilkinson had written in 2014 in which he admitted to pulling the paperwork and not sending the file to the county attorney’s office.

Criminal charges were subsequently brought against both the city employee and Wilkinson

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

The employee was fired by former Sidney City Manager Gary Person two weeks ago. The following day, Person said he would be submitting his resignation – which he did last week.

In a statement to the court when Wilkinson pleaded no contest, the chief said, at the time, he thought he was doing the right thing by reporting the incident to city administrators rather than pursuing criminal charges. But he added he now acknowledges his error.

Wilkinson has been on paid administrative leave since July.

In a “Statement of Errors” submitted to the court, which is required to initiate an appeal, Sonntag listed three points relating to Wilkinson’s conviction and sentence.

According to the document, the factual basis provided by the prosecutor was insufficient to support a finding of guilty, the amended complaint in the case inadequately identified Wilkinson’s alleged crime and the sentence was excessive.

Sonntag did not respond to a phone call for comment.