Plea reached with repeat drunk driving defendant
McCOOK, Neb. -- A plea agreement was reached last week in Red Willow County District Court with a McCook man arrested in March on an alleged sixth drunk driving offense. The plea agreement admitted guilt to a Class IV felony offense for driving on a revoked driver's license and a Class I misdemeanor for theft by unlawful taking, while dismissing charges alleging felony possession of a deadly weapon by a prohibited person and misdemeanor assault, theft and refusing to submit to a chemical test.
The offender, 60-year-old Jamie S. Dack of 408 E. Fourth Street, was subsequently scheduled for sentencing at 2:30 p.m. on June 1, 2015.
Dack was arrested in March after law enforcement officers received reports he assaulted his cousin, Cary Dack, and stole two firearms from his residence. Investigators subsequently located Dack driving a vehicle near the 100 block of East D Street.
The arresting officer identified a list of offenses in the probable cause affidavit, including DUI with prior convictions; a Class ID felony alleging possession of a deadly weapon by a convicted felon; a Class IV felony alleging he made terroristic threats to Cary Dack during an alleged assault; a Class I misdemeanor alleging third degree assault of Cary Dack; in addition to allegedly trespassing and committing felony theft by extortion.
Law enforcement officers noticed a distinct odor of alcohol emanating from Dack's vehicle following the traffic stop on East D Street. He subsequently admitted to drinking a six-pack of beer prior to driving, according to the probable cause affidavit. Dack refused to submit to a preliminary breath test and also refused to submit to a chemical test.
According to the affidavit, Dack has two previous convictions for refusing to submit to a chemical test, two previous convictions for DUI, two previous DUI charges amended to lesser offenses and two previous DUI charges dismissed entirely.
The affidavit indicates Dack was upset with his cousin over an unpaid debt and illegally entered his cousin's residence, assaulted him, and stole two firearms before departing.
The theft of the firearms, a .22 caliber Winchester rifle and .177 caliber pellet gun, prompted the felony weapons charge due to Dack being a convicted felon. According to court documents, the rifles were recovered from Dack's home prior to the traffic stop on East D Street.
Red Willow County Attorney Paul Wood subsequently pursued five charges against Dack, including felony possession of a deadly weapon by a prohibited person; a felony offense for driving on a driver's license revoked for DUI or refusal; and three misdemeanor offenses alleging assault, theft and refusing to submit to a chemical test. The plea agreement admitted guilt to the felony offense for driving on a revoked license and the misdemeanor theft charge, while dismissing the other three.
Wood indicated in court documents the assault charge was dismissed at the request of the victim.
Dack was convicted of similar offenses in Red Willow County District Court less than a year ago. In August of 2014 he was sentenced to a combined 135 days in jail after being convicted of first offense DUI, first offense refusal to submit to a chemical test and a Class IV felony offense for driving on a driver's license already revoked for drunk driving. The convictions stemmed from a 2013 traffic stop and at the time represented Dack's fifth conviction for DUI.
In the 2014 case, he was originally facing a Class 2 felony offense of DUI fifth offense; a Class I misdemeanor offense for second offense refusal to submit to a chemical test; a Class V misdemeanor offense for refusal to submit to a preliminary test; an infraction for possession of drug paraphernalia; an infraction for failing to signal a turn; in addition to the Class IV felony offense for driving on a license revoked for DUI.
Dack accepted a plea agreement reducing both the drunk driving and chemical refusal charges to first offenses, as well as dismissing the pretest refusal and drug paraphernalia offenses.
Dack was also convicted of drunk driving in Red Willow County in March and April of 2011, as well as in December of 2009 and September of 2008, according to court documents. He was also convicted of refusing a chemical test in April of 2011.