Resisting arrest, drug and weapons charges net prison time for offender

Thursday, August 14, 2014

McCOOK, Neb. -- A McCook man was sentenced to state prison time last week after being convicted of felony drug possession and misdemeanor offenses for resisting arrest, carrying a concealed weapon and disturbing the peace. The offender, 31-year-old Dustin Stuck of 1510 West 15th Street, was charged in connection with two separate resist-filled arrests and sentenced to a combined 19 to 49 months in state prison as a result.

Stuck accepted a plea agreement in May, combining two criminal cases and admitting guilt to a Class IV felony for possession of methamphetamine; a Class I misdemeanor for resisting arrest; a Class I misdemeanor for carrying a concealed weapon; and a Class III misdemeanor for disturbing the peace.

Stuck was sentenced last week to between 15 and 45 months in state prison on the felony and a consecutive 120 days in jail for the concealed weapon charge. Stuck also received 180 days in jail for resisting arrest and 60 days for disturbing the peace, however, those sentences were ordered to be served at the same time as the felony drug possession sentence.

Stuck was initially arrested just after midnight on Nov. 23, 2013, after he attempted to evade officers on a bicycle. A Red Willow County Sheriff's deputy responding to a report of suspicious activity contacted Stuck near the intersection of West 10th and L Street and shortly into the conversation Stuck attempted flee.

The officer pursued Stuck in his squad car for several blocks with lights and siren activated and Stuck was eventually tackled off his bicycle by a second officer after being pursued through at least four yards. A butterfly knife with a 4-inch blade, a second knife with a 3.5-inch blade and a small pipe with burnt marijuana residue were taken from Stuck during the subsequent arrest.

At the time of the arrest Stuck was a convicted felon who had previously been convicted of resisting arrest, resulting in a citation for an enhanced felony version of resisting arrest, in addition to offenses alleging obstruction of a peace officer; being a felon in possession of a deadly weapon; possession of marijuana and possession of drug paraphernalia.

Stuck was arrested and again cited for resisting arrest on April 1, 2014. Law enforcement officers attempting to issue Stuck a citation for a prior incident were leaving his residence when Stuck chased them to their police vehicle in an aggressive manner, while yelling profanity, according to court documents. The officers turned to arrest Stuck and he fled back into his home, prompting a short chase and a bedroom door inside the house to be knocked off its frame.

Stuck was again cited with a Class IIIA felony for resisting arrest during that incident, in addition to felony possession of methamphetamine stemming from rock crystals discovered in his wallet, misdemeanor disturbing the peace and an infraction for possession of drug paraphernalia.

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