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Russell Murder Arraignment, Kraus Status Hearing for Arson at District Court

SIDNEY--On Tuesday, July 9, there was a full docket of cases at the Cheyenne County District Court, but two are of great interest to the Cheyenne County Community. Judge Derek Weimer presided over both of these cases.

The first was a Status Hearing concerning Tessa Kraus. Kraus is facing three criminal counts, one for Second Degree Arson, the second for Terroristic Threats, and the third for Possession of a Destructive Device. All three charges are felonies, and Kraus faces up to nine years in prison.

The charges stemmed from an incident in the early hours of Sunday, April 14, when a house fire erupted on Sixth Street in Sidney. Initial investigation suggested that Kraus was responsible for setting the fire, and she had also threatened others and had Molotov Cocktails in her backpack at the time of the incident. She fled the scene and was apprehended at a later time.

Attorney Don Miller is representing Kraus, who appeared before the court via Zoom conferencing, and a not-guilty plea on all counts was entered. Weimer ordered Statutory Discovery. He also noted that if found guilty, sentences could run consecutively or concurrently. Also, the first count, Second Degree Arson, could have a restitution penalty. Kraus is currently on bond at an inpatient treatment facility and is reportedly doing well with her treatment regimen. Kraus' next court appearance is scheduled for September 4 at 9 a.m.

Another case of great interest was the Arraignment Hearing for Brandon Russell. Russell is facing three counts, the first being Murder in the Second Degree, the second being Child Abuse Resulting in Death, and the third being Strangulation Resulting in Death. Each count has 20 years to Life sentencing guidelines, and Weimer noted that if convicted, the terms could be served consecutively or concurrently. Weimer also noted that restitution could be ordered to be paid if convicted.

The charges stem from an April 5, 2021 incident where Cheyenne County Sheriff's personnel were dispatched to 1533 14th Avenue in Sidney in response to a 911 call about a two-year-old male child who was not breathing. Emergency personnel were on the scene and discovered the child was deceased, and from medical indications, it appeared the death had occurred several hours earlier. After an investigation, probable cause was found to arrest and charge Russell.

Russell is represented by Matthew McDonald, and the prosecution is represented by Kelli Ceraolo and William Tangeman. McDonald said his client would be pleading not guilty on all counts, and waived his right to a speedy trial, as McDonald said they had many experts to consult and details of the case that would need time to be reviewed.

McDonald also asked for a bond reduction, currently set at $500,000 with 10% needed for a bond. McDonald asked for the bond to be reduced to $100,000 and 10%. He said that Russell has two other cases involving terrorist threats, and because of the bond requirements in those cases, he would need an additional $25,000 to meet the 10% requirement.

Ceraolo, representing the state, objected to the request for a bond reduction, citing Russell's extensive criminal history, particularly repeated death threats to the mother of the deceased child. Weimer considered the request and later in the day ruled that there would be no reduction in bond. Russell's next court appearance is scheduled for

November 6 at 8:30 a.m.

Other court cases heard that morning included a shoplifting case involving Steven Lohman. He faces one count of Shoplifting from an incident on February 11, 2024, and faces two years in prison plus a $10,000 fine. Weimer ordered Statutory Discover, and his next court appearance is scheduled for August 7 at 9:30 a.m.

There was a hearing on a Child Abuse case involving Jared Nation, represented by Timothy Norlinger.

Special Prosecutor William Tangeman represented the state in this case. Norlinger had requested Discovery and was looking to schedule a Status Hearing in October. This would require Nation waiving his right to a speedy trial, and Wiemer asked Nation, who was appearing via Zoom conference if he understood that he was waiving his right to a speedy trial. Nation replied that he understood and wanted to proceed. Norlinger also requested waiving a Detainer Request. Weimer scheduled the next hearing for October 8 at 8:30 a.m.

Thomas Croteau was arraigned on a Terroristic Threats charge and was represented by Don Miller, who entered a not-guilty plea. The charge is a Class 3A Felony with a penalty of up to three years imprisonment and a $10,000 fine if convicted. Statutory Discovery was ordered by Judge Weimer. Croteau is on bond, and Miller requested he be allowed to travel to Denver to see his children. Both Cheyenne County Attorney Paul Schaub and Judge Weimer agreed to the request.

 

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