Charged Ex OPD Officers Have First Court Appearance
Bond set for James T. Kinsella and Aaron VonBehrenPhoto: Video by kmtv.com
Omaha, NE-A Judge set bonds Tuesday afternoon for James T. Kinsella and Aaron VonBehren.
The two officers are facing criminal charges after a rough arrest on 33rd and Seward.
Former officer James Kinsella is charged with felony tampering with evidence, and two misdemeanor charges of obstructing governmental operations and theft by unlawful taking. The felony carries a maximum sentence of five years in prison. The two misdemeanors carry an 18 months maximum combined.
Former Sgt. Aaron Von Behren is charged with misdemeanor accessory to a felony and obstructing governmental operations. They carry a maximum two year sentence combined.
Both officers as well as two others involved in the incident have been fired from the police force.
A YouTube video that KMTV Action 3 News first aired on March 21st shows a police officer taking down Octavius Johnson during a dispute over parking near 33rd and Seward.
His brother, Juaquez Johnson was recording the incident near the curb when officers chased him into his house.
Douglas County Attorney Don Kleine says Kinsella took a cell phone and memory card from Demetrius Johnson after entering the house.
Kleine alleges Von Behren knew Kinsella took the memory card and tried to cover it up.
A district court judge set Kinsella's bond at 5,000 dollars. He posted bail and left Douglas County jail Tuesday afternoon. VonBehren was released on his own recognizance, meaning he doesn't have to pay anything; he just has to show up for his court date.
Mike Fabien represents Kinsella. He told reporters Tuesday he needs more information.
"We don't have the information that the prosecution has. We don't have the information that law enforcement has accumulated ugh giving the chaotic nature of the event, we're waiting to see what the witnessed have to say," Fabien said.
Bradley Canterbury, the officer who was seen striking Octavius Johnson, was not charged. Kleine says three national use-of-force experts reviewed the video and concluded that his actions did not merit criminal charges.