Pool photos

NEBRASKA CITY – Vernon Christiansen, 59,  apologized and his defense attorney called the death of a boy playing near the Nebraska City Farmers Market on July 17 a tragic accident before Otoe County Judge David Partsch handed down a maximum jail sentence.

Otoe County Attorney Jennifer Panko Rahe said the death of six-year-old Liam Clowers rocked the community to its core.

Panko-Rahe: “Five-year-old L.C. lost his life  playing with his new toy truck.”

 

 

The prosecutor had earlier said there was no evidence that the Percival, Iowa, man was impaired at the time of the accident, but told the judge Friday there was an open container of alcohol in the cab of his truck and another cold beer in the pickup’s bed.

Panko-Rahe: “It appears that he still thinks it’s okay to drink and drive.”

Judge David Partsch said Christiansen’s statement in his pre-sentence investigation says he had a couple of beers at 11:30 a.m., but the incident at the farmers market did not occur until shortly before 5 p.m.

Partsch: “His blood alcohol content reading, according to the PSI was 0.03 percent. That is well below the legal limit, but it is not nothing either.”

Defense Attorney Tim Nelsen said three things had to happen on July 17 in order for the accident to happen. He said his client was delivering jars for the farmers market so he went down the alley. He said although, he understands, it was recommended by the city, they did not put up a snow fence to guide the driving lane away the from the child and said the child appeared to be unattended at the time.

Nelsen: “Tragedy strikes in both ways. On July 17 a young child lost his life and on July 17 my client basically lost his life because of the pending jail and belief that he was under drugs or alcohol, which he wasn’t.”

Christiansen entered pleas to bald tires and obstructed view, but Nelsen said he had a legitimate purpose to be using the alley and committed no driving violations.

 

He asked for a fine or probation.

Nelsen: “In reality what happened here was just a tragic, tragic accident.”

Judge Partsch fined Christiansen $500 and sentencing him to a year in county jail.

The judge says while there were many people at the farmers market, no one testified to seeing reckless driving.

 

The judge referenced the defense attorney’s statement that there is no reason for Christiansen to receive drug or alcohol counseling, but said there was an open  beer in the cab and said he surmises that Christiansen used marijuana shortly after being released from custody on bond.

Partsch: “Defense counsel says there is no need or no reason for him to be in any alcohol or drug counseling, but with the use of marijuana and open containers in the vehicle there is obviously concern of the court.”

Judge Partsch said the accident was a large loss for the community.

Partsch: “There’s no doubt that this has impacted him and his mental state severely and he is not going to get over this any time soon, but we also have a family here that lost a child and they are not going to get over that anytime soon either. I hope there is healing on both sides. I hope the defendant is able to heal from this. I also hope the victim’s family is able to find some peace as they go through the process.”

 

The judge said he considered multiple character references that were submitted by friends and family of Christiansen.