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Sex offender pleads guilty to lesser charge

Timothy Tscharner pleaded guilty to the amended charge of a Class 1 Misdemeanor of attempting to violate the sex offender registration act or attempting a Class 3A or Class IV Felony.

The agreement amended the charge from the Class IV Felony of violating sex offender laws to a misdemeanor of “constituting a substantial step towards violating the Nebraska Sex Offender Act.”

The State of Nebraska’s case against Tscharner began when a possible robbery was reported at the residence at which Tscharner was staying with his girlfriend, according to state representative, attorney Jonathon Stellar.

An iPhone and a tablet were reported missing at the residence of Dale and Emily Curry at 12910 County Rd. 16 – where Tscharner was living.

Court documents stated that Tscharner’s stepfather and hired hand at the Curry’s residence, Clinton Tscharner, was questioned during the police investigation and told authorities that his stepson lived in the basement of the residence.

On April 11 deputies contacted the Cheyenne County Emergency Communications Center and requested any reported criminal history in Timothy Tscharner’s records to assist in the investigation.

They were informed that Tscharner was a registered sex offender in Arizona.

According to court documents, on April 12 deputies contacted the Arizona Department of Public Safety Sex Offender Compliance Division and were informed by Stacey Hodits that Tscharner had been last seen on NW 12th St. and Jefferson St. in Phoenix, Ariz. and was listed as “homeless.”

She continued that he was supposed to be at that location and that to her knowledge he had not contacted Arizona authorities before relocating to Sidney.

According to reports, he also had not contacted Nebraska authorities of his new residence either.

In the report, authorities claim that Tscharner acknowledged that he knew he was not in compliance with sex offender laws, but stated that he had not been able to get to the Nebraska State Patrol to register because he had unreliable vehicles.

Although Tscharner had originally told authorities that he had only been in Cheyenne County for two days, Emily Curry told authorities that she had picked Tscharner up from the bus station on August 20, 2012 and that he had been working and living at the residence since approximately August 24.

Tscharner denied any link to the missing phone and tablet, according to court reports.

Tscharner’s defense attorney, David Wilson Jr., stated at the Monday hearing that Tscharner had been cooperative with law enforcement and knew that he had made a mistake.

The attorney also said that the defendant was aware of the steps he needed to take to properly register and stay on top of registering in the future. He also said that Tscharner had reasons to stay in the area, such as his job and his family.

Judge Randin Roland gave Tscharner 12 months of probation, upon which he had to maintain his job during, a fee of $500 (among his other court fees), and 18 days in the Cheyenne County Jail.

He was also ordered to comply with all sex offender laws and he may be called to serve another 30 days in jail beginning July 29 – unless waived by the court.

 

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