Hearing postponed due to criminal investigation

Staff Writer

An attorney representing one of the Broken Bow police officers in grievances filed against Broken Bow Mayor Jon Berghorst has requested a postponement of the public hearing citing possible criminal prosecution of Berhorst as the reason.

In a May 29, 2019 letter to the city, T. Charles James who represents Officer Ben Tucker wrote, “The reason for this request is that I have been informed the Attorney General’s Office for the State of Nebraska is currently investigating Mayor Berghorst for possible criminal prosecution arising out of the facts related to the grievance filed by Officer Tucker.”

James states that they do not wish “to compromise any ongoing criminal investigation into the Mayor’s actions” though they reserve the right for the grievance to be heard at a later date. “We are willing to hold any hearings on the grievance in abeyance (i.e. suspension) pending a decision by the Attorney General’s Office on filing of criminal charges against the Mayor.”

A copy of the letter was obtained by the Custer County Chief in accordances with Public Information statues.

In addition, the Custer County Chief has received a letter from an attorney for the Nebraska State Patrol (NSP) denying a May 23 request for information “because this is a pending criminal case at this time.”

The NSP letter states another request could be made in 60 days (July 23) and that “this gives the Nebraska State Patrol time to complete our investigation and the County Attorney time to review our investigation.”