Witnesses can't be found, charges dismissed

Thursday, December 26, 2013

McCOOK, Nebraska -- A charge against a McCook man for unlawful intrusion was dismissed in Red Willow County Court recently after prosecutors indicated they were having trouble locating witnesses.

The accused, 51-year-old convicted felon Lester E. Warren of 3 South Street, was originally cited with impersonating a peace officer, disturbing the peace and unlawful intrusion on an adult. The charges stemmed from an incident occurring just past 4 p.m. at 512 West First Street No. 4 on Sept. 1, 2013.

Neither the impersonating an officer charge or the disturbing the peace infraction were pursued by Red Willow County Attorney Paul Wood.

The charge of unlawful intrusion on an adult indicated Warren "knowingly intruded upon another person without her consent or knowledge in a place of solitude or seclusion" and were also referred to in county court records as viewing a person in a state of undress.

Wood dismissed the lone charge of unlawful intrusion on an adult, and indicated in court documents the dismissal related to "location of the witnesses unknown."

Warren had pleaded not guilty to the offense on Oct. 8 and Wood subsequently dismissed the charge on Nov. 21, 2013.

Court documents offered no details pertaining to the impersonating an officer charge or the related intrusion incident.

Warren has a recent history of offenses occurring at or near the West First Street apartment building where the unlawful intrusion offense allegedly occurred.

He was charged with third degree assault stemming from an incident at 512 W. First Street No. 3 that occurred in December 2011. Wood amended that charge down to a disturbing the peace offense and Warren was subsequently fined $200 during a March 2012 hearing.

Just two months after the hearing Warren was cited again, this time for criminal mischief stemming from damage he caused to an air conditioning unit at 510 W. First Street. Wood dismissed that offense completely with an agreement that Warren would pay court costs and restitution.

Warren's encounters with Red Willow County law enforcement officials date back to at least 1998, when he was sentenced to 4-7 years in state prison after being convicted on a Class III felony charge for distribution of methamphetamine. Warren was originally charged with an additional Class II felony offense for distributing marijuana within 1000 feet of a park, however, that charge was dismissed by Wood in exchange for Warren pleading guilty to the methamphetamine offense.

Two months after being sentenced to state prison Warren was back in court to face felony burglary and assault charges. The charges stemmed from a June 1998 break-in of a West 10th Street residence during which Warren assaulted a woman who was sleeping on her couch. According to court documents, Warren struck her with an ashtray in the head and attempted to choke her but the woman successfully fought him off.

The victim was a friend of Warren's former girlfriend and Warren later told investigators he blamed her for getting his girlfriend to leave him.

Court documents indicate the woman's dog was mysteriously found dead near some local railroad tracks just two days prior to the attack.

A search warrant of Warren's home, related to the assault, resulted in a standoff with law enforcement officer's during which Warren threatened to self inflict a gunshot wound. Warren eventually yielded his handgun to officers and was arrested.

Warren subsequently accepted a plea agreement dismissing a Class III felony burglary charge and entering a no contest plea to a Class IV felony of second degree assault. He was subsequently sentenced to one year in state prison, which was ordered to be served at the same time as his 4-7 year sentence in the methamphetamine case.

Warren followed up his 1998 prison sentence with a August 2010 conviction in Red Willow County for possession of marijuana and drug paraphernalia. He was fined $400 for possession of more than one ounce but less than one pound of marijuana and an additional $100 for possession of drug paraphernalia.