David Sackschewsky

David Sackschewsky (left) listens as his attorney, Mark Porto (right) argues against a motion to continue his client's preliminary hearing in Hall County court Monday morning. Hall County Judge Arthur Wetzel ultimately granted the motion to continue the case after the state argued it needed to do so to ensure its witness could testify. (Independent/Austin Koeller)

A preliminary hearing for a former Northwest High School music teacher accused of taking more than $200,000 from the school’s show choir account has been continued — but not without objection.

David Sackschewsky, 47, appeared before Hall County Judge Arthur Wetzel as his attorney, Mark Porto, objected to a motion by the state and Deputy Hall County Attorney Sarah Hinrichs wished to continue the preliminary hearing, thus rescheduling it to another date.

Sackschewsky is charged with theft and four counts of forgery. Two of the forgery charges and the theft charge are Class 2A felonies. The other two forgery charges are Class 4 felonies. He is currently out of jail after posting 10% of a $10,000 bond. Prior to Monday’s hearing on a motion to continue the case, Sackschewsky could be seen in the courthouse rotunda walking with a cane and consulting with Porto.

The state had requested the hearing be continued to allow Jarret Daugherty, an investigator with the Grand Island Police Department, to testify about the case.

Hinrichs said Daugherty was unable to testify Monday morning due to being on vacation and she requested that Wetzel grant the state’s motion to continue the preliminary hearing. Porto objected to the state’s motion and thus a hearing on the state’s motion was held.

Hinrichs said Daugherty is the only investigator on the Sackschewsky case and that she needs him as a witness to proceed with a hearing. She added that if Wetzel denied the state’s motion to continue the case, she would dismiss the case and “promptly” refile it in Hall County District Court.

“The state has identified the issue, which is if I say I am not going to grant this (motion), they will just dismiss this case and then they can refile it (in district court),” Wetzel told Sackschewsky. “I have no control over that and if they choose to arrest you again, they can put you through all that.”

In his objection to the state’s motion to continue the preliminary hearing, Porto said Sackschewsky is unable to defend himself at “any sort of public hearing.” He claimed the Grand Island Police Department has issued press releases about the case and Sackschewsky is unable to find employment due to his teaching license being on hold.

A search on the Nebraska Department of Education’s website confirms Sackschewsky’s teaching license is pending review by the department as of July 9.

“We are ready to go. We have been ready to go on this case from the onset,” Porto said.

Wetzel ultimately granted the state’s motion to continue and rescheduled the preliminary hearing for 4 p.m. Aug. 2. The hearing is scheduled for an hour.

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