Carson City man found not guilty | RecordCourier.com

Carson City man found not guilty

Michael Schneider

A Carson City man was found not guilty Thursday of obstructing a peace officer in a trial before Justice of the Peace Jim EnEarl.

Paul Edward Nye, 35, was charged with one count of resisting, obstructing or delaying a peace officer. The state contended that Nye told an 8-year-old witness in a case against Michael Cady Sr. to kick, scream and call him should anyone try to talk to the child about the case.

Cady pleaded guilty to one count of open/gross lewdness in District Judge Michael Gibbons’ court on April 7. He is scheduled to be sentenced on May 19.

Nye, who defended himself in the matter, didn’t deny telling the witness to call him if anyone should want to talk to the child about the case against Cady. He did however deny telling the child to kick and scream. Nye also denied when he told the child to call him if anyone wanted to talk to her, that he had any idea the police would want to question her.

Nye contended that he told the child to call him if anyone wanted to talk to her about the case before the investigation into Cady began.

Deputy District Attorney Dina Salvucci said after consulting with medical professionals who treat the 8-year-old involved the case, she learned she would be unable to call the child to the witness stand. Because of this she was unable to offer any testimony to contradict Nye’s testimony that he told the child not to talk to police specifically regarding this case.

The only evidence Salvucci was able to use was a taped interview with the child and Investigator Keith Logan of the Douglas County Sheriff’s Department.

Salvucci said investigators never asked the child when Nye told her to kick and scream and call him. They also didn’t ask the child if Nye’s comments were made specifically about the pending Cady investigation.

Logan was unavailable to testify on Thursday but Salvucci and Nye agreed to proceed with the case.

Nye entered no evidence nor did he testify. He only made a statement to the court, not under oath.

In rendering his decision, EnEarl addressed Nye.

“Let me tell you that if the state was able to make a finding that you made this statement after the commencement of the investigation, then you wouldn’t be protected by the First Amendment. You can’t take an impressionable 8-year-old and tell her to kick and scream, you don’t get to do that.

“The state cannot offer as conclusive proof that the statements were made before or after the investigation began. The fact that she cannot do that compels me to find you not guilty.”