The Omaha assault suspect whose arrest was captured on video and led to an uproar over police brutality will face trial next month.
Robert A. Wagner, 35, is charged with third-degree assault on an officer. His trial was set Wednesday for Dec. 14.
His attorney, J. William Gallup, told Wagner and Wagner's family last month that charges would be dismissed. On Wednesday, Gallup said he felt "misled." He said prosecutors offered a lesser charge of misdemeanor assault.
Prosecutor Jim Mastellar said the deal was never officially offered — but, as in every case, attorneys did try to reach a resolution before trial.
Wagner is accused of punching an officer in the head in May after he was ordered to leave Creighton University Medical Center, where he had gone after the fatal shooting of his cousin, Jimmy Levering.
Security camera footage of the officers forcefully taking Wagner down in the hospital parking lot stirred controversy and renewed calls for a public safety auditor. At one point in the approximately five-minute clip, an officer is seen kicking Wagner repeatedly while several others have him pinned on the ground. Officers also used a Taser to subdue Wagner.
Omaha Police Chief Alex Hayes recommended two officers be terminated in connection with the incident. Gallup said the officers, Jackie Dolinsky and Aaron Pennington, are appealing their termination.
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