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State files charges against Lucas Peterson
Peterson accused of child abuse resulting in death, tampering with physical evidence
photo by Theodore Wiesehan:
Lucas Peterson and Seward County Sheriff Deputy Dan Nantkes run through the rain to Peterson's April 24 bond hearing at the Seward County Courthouse
Charges have been filed in Seward County Court against Lucas Peterson, 22, of Pleasant Dale and Bee. Wendy Elston, Seward County attorney, told the Seward County Independent April 24 that Peterson had been charged with child abuse resulting in death, a Class IB felony that carries a sentence of 20 years to life in prison, and tampering with physical evidence, a Class IV felony with a zero- to five-year sentence. At his first appearance April 24, Peterson kept his head down as the Hon. Judge Curtis Evans, the York County judge, read the charges. He shook his head as count one was read and answered Evans' questions of understanding with a simple "yes." Bond was set at 10 percent of $1 million. Elston said the amount was chosen because the case involves taking a life and because Peterson had failed to appear for earlier court hearings on an unrelated case. Lucas Peterson was arrested by the Seward Police Department March 28 on an outstanding warrant for failure to appear in a 2006 case. Charges in that case were third-degree assault, attempted strangulation and criminal mischief. He is in Seward County custody but is being held at the Diagnostic and Evaluation Center in Lincoln. Evans appointed the Nebraska Commission on Public Advocacy to represent Peterson in this case. Preliminary findings in the autopsy showed that 11-month-old Trista Peterson died of severe multiple blunt-force trauma to the head, neck and trunk. "The manner of death was determined by the doctor to be homicide," an affidavit filed by Dan Hejl, Seward County Sheriff's Department Chief Deputy, said. Elston estimated that Trista died Jan. 3, 2007, and was buried in a shallow grave in rural Butler County around Jan. 4. She was found April 12, dressed in a fresh diaper and one-piece pajama gown and had a blanket, according to Hejl's affidavit. The affidavit also said Peterson told Hejl he was angry, picked Trista up and threw her into her play-pen. When he returned to the bedroom, she was not breathing. However, the doctor "has opined that the injuries to the body of Trista Michelle Peterson are not consistent with the report of the defendant due to the severe nature of Trista Michelle Peterson's injuries." The county attorney's office will handle the prosecution in the case. The preliminary hearing is set for Tuesday, May 22, at 1:30 p.m. in Seward County Court.
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