Plea agreement reached in father, son felonies -- passenger paralyzed in assault

McCOOK, Nebraska -- Less than a week before a Nov. 14 trial was set to take place, a Bartley-area father and son facing a combined 17 felony charges stemming from a 2010 roll-over accident that injured four, accepted a plea agreement Tuesday afternoon in Red Willow County District Court.

Fifty-two-year-old Leslie J. Sides and his son, 26-year-old Eric Sides, each pleaded no contest to one Class II felony count of assault in the first degree, one Class III felony count of assault in the second degree and two Class I misdemeanor counts of assault in the third degree.

Prior to the pair accepting the plea agreement District Court Judge David Urbom advised them of the possibility of him ordering the sentences be carried out consecutively, as well as the possibility of restitution being ordered to the victims in the case. Four were injured when Eric and Leslie sides, driving separate vehicles, boxed in a third vehicle and repeatedly rammed it in the side until the driver lost control and the vehicle rolled.

Special prosecutor Michael Guinan of the Nebraska Attorney General's office announced that no recommendation for sentencing was included as part of the plea agreement. The Sides pair are each facing a maximum sentence of 72 years in prison and $27,000 in fines, with two years in prison the minimum sentence they could receive.

In Nebraska, Class II felonies carry a maximum of 50 years in prison with a minimum of one year; Class III felonies carry a maximum of 20 years in prison and a $25,000 fine with a minimum of one year in prison; Class I misdemeanors carry a maximum of one year in prison and $1,000 fine with no minimum sentence.

District Court Judge David Urbom scheduled sentencing in the case for 1:30 p.m. on Jan. 9, 2012.

During the hearing in District Court Tuesday, Guinan recounted the factual basis for the case as part of submitting the plea agreement. According to the prosecutor, the vehicles were traveling at speeds in excess of 65 m.p.h. when Eric Sides rammed his truck into the side of the victims' vehicle, while Leslie Sides used his pickup to block the vehicle in, leaving no avenue for escape. The third strike from Eric's pickup resulted in a "pit maneuver" which caused the vehicle to spin out and roll, said the prosecutor.

Twenty-six-year-old Joseph Sitzman of Bartley was ejected from the vehicle, paralyzed and wheelchair bound due to his injuries. The three others injured in the accident were 29-year-old Danielle Payne, who was diagnosed with cracked ribs; 23-year-old Mahlon Wright had a bruised pelvis; and 28-year-old Brandon Howell, who injured his back and experiences chronic back pain as a result.

Following the crash, Eric Sides fled the scene and later gave a statement to investigators that he had never left the house. Leslie Sides, who was accompanied by his wife, pulled over. Guinan's statement of the factual basis said Leslie was still upset following the crash, over an incident earlier in the evening, and was looking for and yelling for Joseph Sitzman. Leslie's wife called emergency personnel to the scene.

Sitzman and the others had driven through the horseshoe driveway at the Sides' rural residence earlier in the evening, with the prosecutor pointing out that they were being "smart alecks," but nothing was struck or damaged by their actions.

The prosecutor added that Sitzman and Eric Sides had been childhood friends who had had a falling out recently.

The Sides pair pleaded not guilty in February to a combined 17 felony charges against them. Eric Sides was originally charged with five Class II felonies, three Class III felonies and one Class IIIA felony; Leslie Sides was originally charged with five Class II felonies and three Class III felonies; with each pleading no contest Tuesday to one Class II felony, one Class III felony and two Class I misdemeanors.