Man charged with obstructing officer
A Carson City man appeared before Justice of the Peace Jim EnEarl, East Fork Justice Court, on Wednesday to plead not guilty to one count of resisting, obstructing or delaying a peace officer.
Paul Edward Nye Jr., 35, allegedly told an 8-year-old girl to kick and scream and contact him if police tried to interview her. The girl is the sister of the alleged victim of Michael Charles Cady who is currently charged with one count of open/gross lewdness.
Cady, 38, Minden, was originally charged with sexual assault on a minor, a felony. Deputy District Attorney Dina Salvucci, who is prosecuting the Cady case, said the charge was lessened due to concerns with witnesses. Cady appeared before District Judge Michael Gibbons Monday to plead guilty to the gross misdemeanor charge of lewdness.
Gibbons refused the plea telling Salvucci he got a letter from the alleged victim stating that the DA’s office never consulted her on the plea bargain.
“I can’t go forward,” said Gibbons on Monday. “I just want the victim talked to.”
Cady’s next appearance in Gibbon’s court will be April 14.
At his Wednesday appearance in EnEarl’s court, Nye, Cady’s brother, asked the judge to drop the charges against him.
“I request this be dismissed,” Nye told EnEarl. “What I’m saying is the evidence does not support the charge. I’d like to take this to trial.”
“You can do this, this is America,” said EnEarl.
“Yeah, but this is Douglas County.”
“But it’s still in Nevada and Nevada hasn’t succeeded from the union yet.”
On Jan. 24, the day after Cady’s arrest, two investigators from the Douglas County Sheriff’s Office met with the younger sister of the girl to whom Cady was allegedly lewd. The investigators said the younger sister collaborated the alleged victim’s testimony during this interview.
Days later, after the younger sister had been taken into protective custody, investigators interviewed her again. They said she still collaborated the alleged victim’s story, but when they asked her if anyone had told her not to talk to police, she allegedly said her “Uncle Paul” told her to avoid police.
She allegedly told investigators that Nye told her to scream and kick and ask to contact him if the police tried to ask her questions about Cady’s case. The girl told police that she didn’t follow his advice because she didn’t think it was the right thing to do.
At Nye’s hearing Wednesday, Deputy DA Kris Brown said she wasn’t going to seek active jail time against Nye so EnEarl told the defendant he had the right to a lawyer but the state would not provide him with one.
Nye said that a friend told him that if he mentioned to the court that he suffered from frontal lobe syndrome due to an accident, then he would be provided with an attorney. EnEarl denied this request.
Nye then asked if he could go to jail for a day so that the state might then provide him with an attorney. EnEarl again denied this request and set a pretrial conference for Nye for April 9.