Felony charges against police chief dismissed

    Chase County Judge Edward Steenburg dismissed a pair of felony charges filed against Imperial Police Chief Ryan Wisnieski in February.
    Steenburg’s ruling Tuesday came on the heels of a preliminary hearing held Friday in county court.
    The charges stemmed from a Feb. 7 civil standby by Wisnieski requested by one of the parents during a child custody exchange.
    He was charged with violating a custody order and aiding and abetting in that violation, both felonies.
    During Friday’s hearing, Wisnieski’s attorney, Steve Delaney of Bellevue, argued the state lacked the necessary evidence and requested the charges be dismissed.
    The state’s case was presented by special prosecutor Randy Fair, Keith County Attorney.
    He was appointed by Chase County District Court Judge David Urbom after Arlan Wine, Chase County Attorney, cited a conflict on interest in the case.
    Delaney stated no custody order was on file with the court and that a temporary custody order in 2018 had expired.
    Steenburg ruled Wisnieski could not be guilty of violating a custody order unless he had actual knowledge the parent had no right to take the children involved for a visitation.
    Steenburg wrote that even if Wisnieski would have checked court filings prior to the civil standby, he would not have  found a custody order.
    “The court would not require a reasonably diligent person to commence a search for typed clerk’s notes or the judge’s docket notes, after failing to find any temporary court order in the file,” he wrote.
    As a result, Steenburg ruled no sufficient evidence existed that the felony crimes were committed.
    Wine originally filed the same custody charges as misdemeanors, along with official misconduct, also a misdemeanor.
    Those charges remain in county court. A pretrial hearing and entry of plea on those charges is set for April 22 at 1 p.m.
    Steenburg also dismissed a felony violation of custody charge filed against the parent in question, April Gleason of Palisade. He cited the same lack of evidence in dismissing her charges.