Former Neligh resident appears in court on sexual assault charge

Thomas A. Warnke, 21, of Beatrice, formerly of Neligh, appeared in Antelope County Court, Jan. 15, for arraignment on one count of sexual assault-without consent-first degree, a Class II felony; and one count of attempt of a Class II felony, a Class II felony.

The case stems from a Nov. 24 incident investigated by Neligh Police Department. Officer Aubrey Miller took a statement from a 15-year-old female who alleged she was sexually assaulted by Warnke at his Neligh residence.

According to the probable cause affidavit filed by Miller, the victim said the defendant rubbed her breast and kissed her while she was sleeping on a couch. Miller said the 15-year-old said she was scared and “pretending to be sleeping with the hope he would stop touching her.”

The complainant also advised that Warnke was “trying to get into her pants, but her shirt was blocking access.” 

She reported the defendant continued until his hand was in her pants. The alleged victim said she then moved to indicate she was awake, and Miller removed his hand. The affidavit reports Warnke moved away to retrieve a cell phone and returned to the couch, where he laid his head on the girl’s lap.

The victim said she came up with an excuse to leave, walked home and told her father about the incident prior to contacting law enforcement officials.

Warnke was arrested Nov. 24 and originally charged with three counts, including one count of sexual assault-without consent-third degree, a Class I misdemeanor; one count of minor in possession-ages 19/20, a Class III misdemeanor; and one count of possession of marijuana one ounce or less-first offense, an infraction.

The Honorable Donna Taylor set bond at $50,000, 10% cash, and ordered the defendant have no direct or indirect contact with anyone under age 18.

Dustin A. Garrison, of Garrison Law Firm, in Beatrice, was retained as defense counsel.

On Dec. 20, Antelope County Attorney Joe Smith filed amendments, including Count one amended to sexual assault-first degree, a Class II felony, and Count two amended to criminal attempt - sexual assault in the first degree, a Class II felony. Count three was dismissed. 

During the Jan. 15 court session, Warnke was advised of the charges and possible penalties. Warnke was ordered to appear Feb. 19, for a preliminary hearing.

Taylor continued bond at $50,000, 10%, with all conditions previously ordered.