Omaha police officers, Matthew S. Digilio and Emilio Luna, have been placed on administrative leave pending investigation by a grand jury of their actions which resulted in the death of a 39 year old woman, Tiffany D. Terry. This is the norm whenever an officer fires a gun killing someone, according to Omaha criminal defense attorneys.

Woman assaults her children

A department spokesman said that police were called to Terry’s house at 1702 S. 50th St. after she assaulted her 9-year-old son and 18-year-old daughter. They were called by Johnathon Welch, who said that Terry is the mother of Bailee Godek, his 18 year old daughter, who she assaulted in front of the house. She later attacked Welch when he tried to stop her from assaulting his daughter. While Welch’s 12 year old daughter was also present at the scene, Terry’s 9 year old son ran to a fire station close to the house. Terry was a raging nutcase – to do this to her own child.

When police arrived, Luna knocked on the door, and Terry opened the door holding knives in both her hands, one of which she threw at one of the five officers who had arrived with Luna. She lunged at Luna with her arm holding the knife in a threatening manner according to the spokesman.

Terry was a violent menace  

While the other officers shouted at Terry to drop her knife at least eight times, Luna jumped back to avoid Terry. Terry was struck by several gunshots fired by the officers and collapsed. She was later taken to the Nebraska Medical center where she died. The officers also found a third knife at the scene.

Shooting was justified says Chief

The shooting was justified based on the circumstances and necessitated by Terry’s actions, according to Chief Todd Schmaderer.

Court Turns Down Prison Guard’s Appeal

The Nebraska Supreme Court has turned down an appeal made by a former prison guard at the Community Corrections Center-Lincoln. He was accused of having sex with an inmate, and argued that the definition of the law on sexual abuse of an inmate was too broad and violated his constitutional rights.

The 29 year old prison guard, Anoroy Loyuk, was sentenced to 18 months’ probation after he was convicted of sexually abusing an inmate on parole. Omaha criminal defense attorneys say that the corrections department employees are barred according to the state law from having sex, consensual, or otherwise with inmates and parolees. This is because the guard could be compromised.

Consent to sex with guards not legal

The inmates are not legally able to consent to sex with the guards, since every aspect of their lives are controlled by the latter, according to the prison officials.

Loyuk met the woman at a Lincoln grocery store while she was on parole and developed an intimate relationship with her. They later got engaged, according to the court records. The corrections facility holds inmates before they are released on parole. The Nebraska high court rejected Loyuk’s argument that he had no control over the woman since she was on parole and said that while Loyuk was eligible to form intimate associations with the rest of the population, his freedom to do so with the inmates and parolees was curtailed.

If you have been accused or charged with a crime contact an experienced law firm such as Atkins & Fife, LLC for answers to your legal questions.