Robert Wagner is in jail.
Omaha Police Officer Jackie Dolinsky is on the job.
Whether that equaled justice was in the eye of the beholder Wednesday.
Douglas County District Judge Duane Dougherty sentenced Wagner to 60 days in jail Wednesday – a term that is cut in half with credit for good time – for the May 2011 attempted assault on Officer Scott Zymball.
Dougherty said he was most concerned that Wagner didn't accept responsibility for throwing a punch at Zymball – actions that preceded Omaha police dogpiling, kicking, punching and shocking Wagner with a Taser.
The hospital surveillance videotape of Wagner's arrest sparked community outrage – and led then-Omaha Police Chief Alex Hayes to fire Dolinsky and Officer Aaron Pennington for using excessive force.
An arbitrator overturned Dolinsky's termination and reinstated her recently. Pennington's appeal is pending.
Asked if that was justice, Wagner's lawyer, Glenn Shapiro, said: “A lot of people would say no. I have no dog in that fight. Some people will think (Dolinsky) should have her job. Some people will think this was an injustice.
“I go back to something I learned a while ago. Under the law, you cannot resist even an unlawful arrest.”
In asking for a jail sentence, prosecutor Jim Masteller urged Dougherty to separate police actions from Wagner's behavior that evening.
The May 2011 case began at Creighton University Medical Center.
Angered that his girlfriend wasn't allowed to visit the family of his dying cousin – while City Councilman Ben Gray was – Wagner lobbed a number of profanities at Omaha police.
After being told to leave Creighton University Medical Center, he walked out of the emergency room exit, then turned around and walked back towards an officer, reportedly calling her a name. The officer ordered him arrested.
Zymball went to arrest Wagner.
Video from the incident didn't show a punch, but prosecutors said it did show Wagner winding up to throw one, then showed his follow-through. Zymball, several officers and a hospital worker testified that Wagner hit Zymball in the side of the head.
A jury deadlocked in April over Wagner's guilt or innocence.
However, authorities uncovered a jailhouse phone call Wagner made hours after his arrest. In it, Wagner told a female friend: “I got mad and swung.”
Dougherty confronted Wagner about that comment Wednesday – and the fact that the Omaha man still denies throwing a punch.
“I told Mr. Shapiro that I swatted at a thing he stuck in my face,” Wagner said. “(Shapiro) didn't want to go with that.”
After being sentenced to jail, Wagner waved his hand at Dougherty in a dismissive motion.
“That's what I told you all – it's Douglas County,” Wagner said, glancing at his family as deputies cuffed him.
Wagner – who appeared in court Wednesday wearing flip flops, a T-shirt and shorts – had faced up to a year in jail. He had no felony record – and no run-ins with police like this one.
Shapiro had urged the judge to put him on probation.