Elgin man sentenced to prison for assault on co-worker
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May 5, 2022
Brian G. Tibbens, 51, of Elgin, appeared in front of the Honorable Mark Johnson in the Antelope County district courtroom in Neligh last Wednesday, April 27, for a restitution hearing and sentencing on a Class 2A felony, first-degree assault.
Antelope County prosecutor Joe Abler called Cynthia Cadena to the witness stand. Cadena testified that her husband, Frank Cadena, the victim of Tibbens’ assault, had been unable to work, going without pay for two weeks following the September 2021 assault. She also answered questions regarding medical bills and other expenses.
Tibbens’ court-appointed attorney, Patrick Carney of Norfolk, and Abler both addressed the judge regarding sentencing. Abler asked for incarceration, quoting threats he said the defendant made during the assault, “You are going to die tonight, I am going to kill you.”
Carney asked for probation or a lesser term of imprisonment. He said two or three co-workers had been drinking after work the night of the assault, “If hadn’t been drinking, this wouldn’t have happened.” He said the act of violence wasn’t how his client had lived his life and that he wants to “be a contributing member…sitting in jail, he is not going to be able to make any (restitution) payments. He has basically lost everything, his assets are floating in the wind.”
Tibbens apologized and said he hoped in time he and the victim could be friends again.
Johnson sentenced Tibbens to not less than three nor more than six years in a facility under the jurisdiction of the Nebraska Department of Correctional Services, with credit for 213 days previously served. In addition, Tibbens was ordered to pay $7,574 restitution to Frank Cadena.
Providing he loses none of his good time, Tibbens must serve one and one-half years, less 213 days, before he is eligible for parole and three years, less 213 days, before his mandatory release from prison.
Tibbens accepted a plea agreement Feb. 23, pleading no contest to the assault charge in exchange for Abler dismissing a Class 3A felony count, terroristic threats.
He was remanded to the custody of Antelope County sheriff Robert Moore, for execution of the sentence.
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