MADISON — One of the two 14-year-old girls involved in an alleged February assault appeared in Madison County District Court on Friday.
The defendant, who is not being named because she is a minor and could have her case transferred to juvenile court, appeared before Judge James Kube with her attorney, Bradley Ewalt.
A plea in abatement was initiated by Ewalt, meaning there was insufficient evidence adduced at the defendant's preliminary hearing in February to warrant a finding of probable cause that the defendant committed first-degree assault.
Ewalt’s client, who is being referred to as “Defendant 2,” has been out on bond since Feb. 23.
The first-degree assault charge stems from a Feb. 4 incident in which a third 14-year-old girl was struck repeatedly in the face and midsection inside the home of Defendant 1, who is being tried in juvenile court. The incident was recorded by Defendant 1’s sister, who is 18 years old.
In a 58-second video of the attack that was reviewed by Sgt. James Kelley of the Norfolk Police Division, Defendant 2 approached the victim from behind and kicked her once in the side and also struck her multiple times on the head and right rib cage area with a closed fist.
Defendant 2 then pulled the victim by her hair onto her back, Kelley said. At one point both Defendants 1 and 2 stopped assaulting the victim and began laughing toward the camera as they stood over her. They then continued kicking, punching and pulling the victim around on the floor by her hair.
Kelley estimated that Defendant 2 struck the victim about the face, head and body with closed fists approximately 22 times and kicked or stomped her about the face, head and body seven times.
Defendant 2’s next appearance in court is scheduled for May 4.
The following entered pleas on charges Friday:
Possession of a firearm by a prohibited person, driving under the influence (.15 grams or more) — fourth offense
— Kory S. Hansen, 25, Lynch, pleaded not guilty on both charges.
Operate a motor vehicle to avoid arrest/willful reckless driving
— Brian W. Lamm, 21, 511 N. Pine St., pleaded no contest.
Assault by a confined person
— Francisco E. Lavadi, 35, Grand Island, pleaded not guilty.
Possession of a firearm by a prohibited person, driving under suspension
— Jonathan R. Randall, 35, 1400 S. Fifth St., pleaded not guilty on both charges.