Grand jury: Sidney police fatal shooting justified

A Cheyenne County grand jury has determined Sidney police officers were justified in the fatal shooting of the man who stabbed his wife and confronted responding officers with a knife in April.

"The use of deadly force against Dana Hlavinka by officers of the Sidney Police Department was reasonable under the circumstances and were justified by Nebraska's applicable self-defense/self-protection statutes," reads the grand jury report that was released Wednesday evening.

Police were called to a neighborhood near the Hillside Golf Course in Sidney on the evening of April 19 for an apparent domestic dispute.

The first officers to arrive saw a woman, bleeding from stab wounds, running from the residence, according to a release from the Cheyenne County Attorney's Office issued after the incident.

Sidney Police Sgt. Chad Borgmann and Officer Austin Smith then entered the house and were confronted by Hlavinka, who was armed with a knife.

Hlavinka was shot by police and died at the scene.

The grand jury determined Hlavinka's death was due to multiple gun shot wounds inflicted by police officers after "Hlavinka threatened the officers' immediate personal safety."

Sidney Police Chief B.J. Wilkinson said Borgmann has been with the department for 4 1/2 years and Smith was hired less than a year ago after working for a different law enforcement agency for a couple of years.

As a result of the findings, the grand jury determined there was no criminal conduct committed by the officers.

It was the first officer-involved fatal shooting for the Sidney Police Department since June 20, 2010.

Following the shooting in April, the Nebraska State Patrol conducted an investigation. Corey O'Brien, of the Nebraska Attorney General's Office, was appointed as a special acting county attorney in the case.

On Wednesday, he said he couldn't discuss the specifics of the case, but explained that in Nebraska, grand juries are required to be convened whenever a person dies while being apprehended or while in the custody of law enforcement officers.

The grand jury examining the Hlavinka shooting convened on Tuesday and heard testimony from four witnesses and reviewed 471 exhibits, according to the report.

In addition to finding the police officers were justified in the shooting, the grand jury report identified recommendations for local law enforcement, ranging from what information is gathered by 911 dispatchers to having a blend of experienced and inexperienced officers patrolling the streets during all shifts.

As well, the grand jury recommended each officer be equipped with the same equipment made available by their agency and carry all the equipment issued to them at all times while on duty, and at the start of each shift, ensure their cruiser is equipped with all necessary items and equipment.

The grand jury also recommended all law enforcement agencies in Cheyenne County explore and seek to obtain the most effective and economical "less-than-lethal force" weapons and instruments commercially available.

On Thursday, Wilkinson said he appreciated the grand jury's opinions based on the information they were provided and that the recommendations would be reviewed.