Not guilty. Those were the words from the six-member jury Friday morning at the Barton County Courthouse. A three-day trial covering the misdemeanor charge against Barton County Sheriff Brian Bellendir ended in the not guilty verdict.
Closing arguments ended at about 9:30 a.m. Friday morning. The jury took less than 15 minutes to decide on their “not guilty” verdict.
Bellendir was relieved following the conclusion of this trial and charge that came to surface in the fall of 2017. The Sheriff since 2013, also noted there is more to come with this story.
Brian Bellendir Audio
The trial reopened Friday morning at about 8:25 a.m. Senior Judge Edward Bouker told the jury that there is four criteria to making a decision.
This includes: Was the defendant a law enforcement officer? Did the defendant knowingly ill-treat Nathan Manley? Was Nathan Manley detained? Did the event occur Aug. 10, 2017?
Prosecuting Attorney William Halvorsen told the jury it was not a complicated case and that the facts are pretty simple. The only question unanswered is what “is the definition of ill-treatment?” he asked. Halvorsen told the jury to consider the case in a vacuum without concern of other outside sources and stuff, and only to consider the evidence. He reshowed the video taken by the body cam of Great Bend Police Department Officer Chris Rowland.
Rowland came on the scene as Manley was exiting the home of Bellendir’s daughter in Great Bend. Bellendir used profane language and struck Manley on the side of the head.
Defense Attorney Jess Hoeme opened by saying that there is an extraordinary amount of scrutiny on law enforcement these days. He said it is not appropriate to take someone into a jail and beat them up and this isn’t what happened.
“There is a reason we are not telling you what criminal ill-treatment is,” he said. “This is not a simple case. “What do you want today in Barton County?”
Hoeme said the only reason Bellendir responded was because the Great Bend Police Department was busy and that it is perfectly acceptable for the sheriff to respond to any community in Barton County.
In a press conference held outside the Courthouse following the verdict, Bellendir stated a “failed County Attorney’s Office needs to be changed soon” and promised that the citizens of Barton County will hear the whole story soon.
Brian Bellendir Audio
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Great Bend Police Department Officer Chris Rowland was the first to testify Thursday. He recorded the event with his body cam, as is department procedure.
That morning, Bellendir’s daughter called him to say that Manley was stealing a propane tank from her grill on the front porch. Bellendir told her to call the Great Bend Police Department to tell them that a burglary was in progress. Bellendir and his detectives arrived at her home in Great Bend prior to the first GBPD officer arriving.
The video was played in the courtroom, but the audience could not see it. Rowland said he did see the sheriff smack Manley on the side of the head after the handcuffs were on and after Manley made an a-okay face. Rowland took Manley to the jail and said that Manley made no complaint of injuries nor did he show signs of injuries.
The KBI did an interview with Bellendir in Great Bend Sept. 9, 2017. The audio of a portion of the interview was played. The KBI also attempted to call Manley for an interview, but Manley hung up.
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Defense Attorney Jess Hoeme, in his opening statement Thursday afternoon, said, “We don’t have anything to hide. He did thump Manley on the back of the head.”
Senior Special KBI Agent Jeff Newsome testified that Bellendir seemed agitated during the KBI interview Sept. 9, 2017 about the event, saying the sheriff was an emotional guy who needed to be talked down. Newsome said his own style was different and calm.
The sheriff had demonstrated the type of cuffing he gave Manley on KBI Agent Jason Diaz during the interview, which Newsome said was unnecessary.
Bellendir’s daughter, Audrey Bellendir, testified as well, describing Aug. 10, 2017. Her father had arrived at her house before the Great Bend Police Department. Bellendir had driven in from several miles north
of Great Bend.
In his testimony Thursday afternoon, Bellendir admitted he had thumped Manley on the head similar to something parents do when their child misbehaves. Bellendir said he had a long history with Manley,
which includes 55 arrest records since 1993.
“I made a mistake,” Bellendir said. “I wish it hadn’t happened. I had a momentary lapse in judgment.”
During cross-examination by prosecuting Attorney William Halvorsen, Bellendir was asked about prior acts of dishonesty, which Bellendir replied he didn’t recall any. Halvorsen brought up a specific act, and Hoeme objected and asked for a mistrial. The jurors were removed from the courtroom until the judge ruled that prior bad acts were not admissible.
The sheriff said he was frustrated with Manley being on his daughter’s porch because Nathan is a dangerous criminal.
The prosecutor also asked if Bellendir would be entitled to press charges against Manley if he had done the same thing.
“Probably,” Bellendir said.