Judge Says Bat Wrapped In Barbed Wire Can Be Charged As Possession Of A Deadly Weapon
FALLS CITY – A Richardson County judge has ruled that a baseball bat wrapped in barbed wire fits Nebraska’s definition of a deadly weapon.
Falls City police searched a Fulton Street residence in July and arrested 58-year-old Donita Frederick on weapon and drug charges.
Her attorney argued that there is not sufficient evidence to show she had possession of the bat and another machete-style weapon and asked that the charges be dismissed.
Judge Julie Smith said while state law does not specifically list a modified baseball bat as a dangerous weapon, the bat qualifies under the law as a knife because it is “capable of inflicting cutting or tearing wounds and is also capable of producing death or serious bodily injury.”
Judge Smith said Frederick was present while police searched her bedroom, where the bat and machete were found. She said storing the items in her bedroom indicates possession. It is not a case where a knife is kept in a kitchen drawer or cutting device stored in a shed, the judge said.
The set arraignment for Frederick on the weapon charges, as well as drug charges, on Jan. 21.