Defense in terroristic threats case asks for lower bond

An initial hearing was held yesterday morning in the State of Nebraska case against Theodore Medina, charged with issuing terroristic threats, a class IV felony.

At the hearing, Medina’s defense attorney Joel Jay requested the court to lower Medina’s bond (which was currently set at $10,000 at 10 percent) so that Medina could help take care of his child while his ex-wife is at work.

Jay also asked for a continuance on the preliminary hearing.

On April 4 around 10 p.m. Sidney Police Officer Scott Tobler wrote in a Cheyenne County Court record that he noticed a car being driven by Medina swerving and crossing the center line multiple times, and traveling north-bound in a south-bound lane.

He had with him a male passenger, Jose Hernandez. Hernandez was able to produce his license for authorities after the vehicle was pulled over, Medina could not.

Tobler reported in the court documents that he could “smell a strong odor of an alcoholic beverage from the vehicle,” and that Medina’s speech sounded slurred and his eyes were blood-shot and watery.

Once back in his vehicle, the officer was advised that Medina’s license was suspended but that he had no active warrants pending.

When told that his car smelled of alcohol, Medina “stated that he drank a whole pint of Canadian Whiskey at Jimmy’s.”

After agreeing to initial alcohol level tests, Medina blew a .254 breath alcohol content.

Tobler alleged that Medina began to get upset because his car would be towed by police policy and slipped to the middle seat in the back of the patrol car and began to slam his head into the cage of the patrol car.

One officer, who had arrived on the scene for assistance, opened the door and seat-belted Medina to prevent him from hitting his head on the cage.

The officer had placed his hand on Medina’s chest while he connected the seatbelt and this allegedly angered Medina further.

According to Tobler in the court reports, Medina began yelling at the officer and asked for his badge number so that he could tell the judge that he had been “choking him.”

Medina was then told to have slipped his hands through his legs and had his hand restraints in front of him.

He then reportedly asked the officers “if he ran away if they would shoot him.”

Tobler said that they advised him that there was no reason to shoot him.

Cheyenne County Deputy Adam Hollingshead arrived on the scene to ensure that the vehicle was removed by the tow service, and the other assisting officer accompanied Tobler to the Sidney Police Department to complete chemical breath tests on Medina.

“During the transport Medina starting making terroristic threats that he was going to take care of the other officer,” said Tobler in the court report.

Tobler asked Medina if he was making a threat against a police officer, to which the cuffed man said that he wasn’t making one against Tobler.

The officer said that Medina was advised to shut his mouth and not to make threats.

According to the reports Medina began being “belligerent.”

“After several attempts to calm him down, he continued to become more combative and belligerent,” said Tobler.

Medina tried the hand slip again and the officer assisting Tobler informed him that if he continued he would be charged with resisting arrest.

After being uncooperative in the interview room, Tobler informed Medina he was in danger of being charged with a refusal to submit a chemical test if he didn’t calm down.

“During the transport to the jail (Cheyenne County Jail for booking), Medina again started making terroristic threats towards (the assisting officer) and yelling,” according to Tobler in the report.

“Medina continued to make threats to (the assisting officer) even inside the jail booking area,” Tobler stated. “As I was filling out a booking sheet for Medina he stated that he was going to kill (the assisting officer) and his family.”

It was reported that Medina would not cooperate with jail staff and was put in a drunk-tank. He continued to be disruptive in his cell.

Judge Randin Roland granted the hearing continuance yesterday and the case is scheduled for a status hearing on Monday, April 22 at 9 a.m.

Prosecutor Jonathon Stellar said that the state agreed with the continuance and to grant the lower bond because it appeared that Medina has no serious past criminal record and that this incidence appears to be more of a case caused by alcohol consumption.

Medina’s bond was dropped to $2,500 at 10 percent.