Barneston Man Faces Multiple Charges of Assault, Trespassing, Disturbing the Peace

Timothy J. Sutter, age 45, of Barneston, appeared in Gage County Court on Tuesday, October 4, 2022, to responded to multiple charges. Jeffrey A. Gaertig was the presiding judge. Trespass and Disturbing the PeaceIn one case, Sutter is charged with two counts of second-degree trespassing and defying an order to leave, as well as one count of leaving the scene of an accident and failing to furnish information; all class 2 misdemeanors punishable by up to six months in jail and a $1,000 fine for each count. He is also charged with disturbing the peace, unlawful display of fictitious plates and two counts of driving under a suspended license; all class 3 misdemeanors punishable by three months in jail and a $500. He is also charged with one count of criminal trespass, a class 1 misdemeanor punishable by one year in jail and a $1,000 fine. Sutter was scheduled to be arraigned on April 12 but failed to appear for court. A warrant was issued. Sutter appeared at the courthouse on April 14 and was arrested. Obstructing Government OperationsIn another case, Sutter is charged with two counts of driving under a suspended license, both class 3 misdemeanors, and obstructing government operations, a class 1 misdemeanor.According to Probable Cause for Arrest Warrant affidavit, Sutter was “disruptive” after being booked into the Gage County Corrections Center. “At approximately 5:00 p.m. Gage County corrections officers served the evening meal on a tray to Timothy J. Sutter in his jail cell (Northwest 4),” wrote the deputy that filled out the affidavit. “Timothy J. Sutter threw the tray against the wall, spilling the food contents onto the jail cell and wall. He was given the option of cleaning it up, but refused to do so.”“In order to maintain a safe jail environment, corrections officers deemed it necessary to move Timothy J. Sutter to another jail cell and removed him from the Northwest 4 cell,” the deputy wrote. Per the affidavit, Sutter refused to comply. The deputy was dispatched to the jail again the next morning, “I was informed that Timothy J. Sutter had been disruptive during the overnight shift and had been moved to another cell where he had placed toilet paper into the toilet, then placed it over the camera in order to block the video feed.”The defendant was eventually placed into a “restraint chair.”The deputy wrote, “These two incidents of physical interference and resisting corrections officers significantly obstructed the operation of the jail by requiring two corrections officers to spend twenty minutes on a simple movement from cell to cell that should have only taken sixty seconds on 04-14-2022, and spending approximately 38 minutes on 04-15-2022 with four corrections officers and two deputies taken away from other duties to restore the jail video and place Timothy J. Sutter into a secure chair.” Assault with Bodily FluidsIn another case, Sutter is charged with assaulting a public safety officer with bodily fluids, a class 1 misdemeanor, as well as two misdemeanor charges of criminal mischief.On June 3, while in custody and being transported from one area of the detention center to another and in the process spit on a corrections officer, according to the arrest affidavit.In addition, Sutter is accused of damaging property in his cell, including a lamp and a toilet. In another affidavit, two officers, “state they observed and heard Sutter lay on the floor of the cell and intentionally and repeatedly kick the metal toilet attached to the wall of the cell.”It was noted, “When the corrections officers and deputies entered the cell, they observed the metal toilet was detached from the wall.” Third Degree AssaultSutter is also charged with third-degree assault, alleged to have occurred on July 29 of this year. The charge is a class 1 misdemeanor. Arraignment is scheduled for November 8, 2022.

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