CUSTER COUNTY— The man who was accused of sexually assaulting a minor in November of 2018 has had his charges dismissed after appearing in Custer County Court for a different charge.
Phil Lundry, 20 of Berwyn, appeared for a charge of alleged third degree assault (class I misdemeanor) where he was accused of intimidating another person in November of 2018. According to Custer County Attorney Steve Bowers, Lundry confronted another person in a hallway and acted in a threatening manner which brought about the charge.
On Monday, September 16 Lundry pled no contest to the charge of third degree assault and was sentenced to 150 days in jail and given credit for 150 days already served.
Lundry had been facing multiple charges of alleged sexual assault of a minor from November where he was facing a maximum sentence of 152 years in prison. However, after further investigation into the incident, it was determined that Lundry had been confused with another person.
The entire case that was scheduled to take place in Custer County District Court was dismissed in conjunction with the plea deal. The county attorney was unable to comment any further to the investigation.
Cory Riol, 29 of Broken Bow, made his first appearance on one charge of child abuse not resulting in injury (class IIIA felony). Riol is being charged on the basis that he allegedly allowed the child to be placed into a situation that endangered the health of the child. His case will be back in court on October 21 for status at 2:30 PM. Riol could face up to three years in prison if found guilty of the charge.
Miranda Twyman, 30 of Broken Bow, was also arraigned on Monday as she faces three charges of alleged child abuse (each a class IIIA felony). Twyman is being charged on the basis that she allegedly allowed the children to be placed into a situation that endangered the health of the children. Her case was also set for a status hearing on October 21 at 3:30 PM. A maximum sentence of nine years could be possible if found guilty of all charges.