Prosecutor drops charges against city police chief
Special Prosecutor Randy Fair of Ogalalla dropped misdemeanor charges earlier this month against Imperial Police Chief Ryan Wisnieski.
The charges stemmed from a Feb. 7 civil standby by Wisnieski requested by one of the parents during a child custody exchange.
Initially, both felony and misdemeanor charges of violating a custody order and aiding and abetting in that violation were filed against Wisnieski. In addition, a misdemeanor charge of official misconduct was filed.
The felony charges were dismissed by County Judge Edward Steenburg in April.
Wisnieski’s attorney, Steve Delaney of Bellevue, said none of the charges should have ever been filed in the first place.
Like the dismissal of the felony charges, Delaney said the state had no evidence or probable cause to move forward with the misdemeanor charges, let alone secure a conviction beyond a reasonable doubt.
Fair was appointed as a special prosecutor after County Attorney Arlan Wine cited a conflict of interest in prosecuting the case.
Felony and misdemeanor charges were also filed against April Gleason of Palisade, one of the parents involved in the custody exchange. Steenburg dismissed the felony charges against her in April, as well.
The state then sought to send Gleason’s case directly to district court.
In a July 28 ruling, District Judge David Urbom dismissed charges against Gleason, noting there was insufficient evidence to prove a crime had been committed.
Delaney noted judges in both county and district court ruled there was insufficient evidence to move the cases forward, backing up his argument that charges should have never been filed.
The state alleged that both Wisnieski and Gleason violated a custody order when Gleason took custody of two children Feb. 7.
Both rulings cited that no formal custody order had been approved with the court, thereby meaning there could be no willing or known violation of a custody order.
A temporary custody order in 2018 had expired.