CHADRON, Neb. - Former Sioux County Sheriff James Costello will spend time on the other side of the bars for actions that resulted in his conviction for two misdemeanor charges.
He was sentenced Tuesday to 90 days in Dawes County Jail for filing a false report and 30 days for falsifying public documents. The sentences will run concurrently.
A jury convicted Costello in May. He was charged after filing a stolen vehicle report in an attempt to locate a pickup owned by Kenneth Otis, his ex-son-in-law.
Otis had received the pickup in his divorce from Costello's daughter, who told her father the pickup had been stolen and that the financing company was looking for it. During the trial, Costello said that he simply filed a report from a citizen. The state argued he used his position to exact revenge.
Judge Randin Roland told Costello before sentencing that he considered his age, experience in law enforcement and lack of a prior record among other things. It was Roland's opinion, however, that a sentence of probation or a straight fine would "call the law into serious disrespect."
"Your actions did violate the public trust in law enforcement," Roland said, adding that in the commission of the crimes, Costello called into question the integrity of District Court Judge Brian Silverman. Audio recordings during the trial revealed that Costello repeatedly used Silverman's name to get the stolen vehicle report filed and in an attempt to convince Otis' girlfriend to reveal where the pickup was located.
Before sentencing, the court took up a motion for a new trial filed in June by Costello's attorney, Bell Island. Island attempted to enter a Nebraska State Patrol investigative report as an exhibit, but Assistant Attorney General Doug Warner objected, saying the report was not in affidavit form and was hearsay. Roland refused to receive the exhibit but allowed Island to argue for a new trial. Roland then denied the motion and proceeded to sentencing.
Warner did not recommend a sentence on behalf of the state but reiterated the seriousness of the crimes.
"He used his position as sheriff of Sioux County to try and assist his daughter to regain possession of this pickup," Warner said. "He went to extreme measures to accomplish that."
"Law enforcement across the country relies upon the NCIC system," Warner said, referring to the FBI's National Crime Information Center. Officers who enter information are expected to do so honestly and accurately.
Costello "put a black eye on law enforcement," Warner concluded, adding briefly that he also put the Sioux County taxpayers at risk with his actions.
Island argued that his client "is a fit and proper candidate for probation or straight fine." He pointed out that Costello is 75 years old, has medical conditions and has no prior record. Island said it is clear from the reports presented in the case that he didn't understand the civil aspect, and he has resigned as sheriff of Sioux County, Island said.
"There's no indication that something like this is going to happen again."
Island also noted that the stolen vehicle report was only in the system for a few hours, and no one was arrested as a result of it.
"I think the impact of this is minimal."
After the sentence was issued, Island asked for but was denied a delayed surrender.
Costello's wife, who uses a wheelchair, shed tears after the pronouncement and asked her husband who was going to take care of her. Costello could only say "I don't know."
Posted in Local on Sunday, July 26, 2009 11:00 pm
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