County Attorney plans to appeal dismissal of racist graffiti cha - Scottsbluff Area News, Sports, and Weather

County Attorney plans to appeal dismissal of racist graffiti charge

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Scotts Bluff County Attorney Doug Warner says he plans to appeal the dismissal of a case of a Gering student accused of writing a racist epithet on a bi-racial classmate's car window. 

County Judge James Worden dismissed the case against 18-year-old Alysha Schwartzkopf, who was charged with the hate crime.

Worden said subsections of the law covering graffiti showed that it applied only to buildings and other structures, but not car windows. He emphasized that he was ruling only on the applicability of the law, not on the facts of the case.

Warner says he can only appeal the verdict; refiling the charges would be double-jeopardy.

Court document say the vandalism happened during a volleyball game, and occurred in the Scottsbluff High School parking lot.

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