OMAHA (KPTM)- A man who pleaded no contest to Attempted Assault of an Officer has been sentenced to 60 days in jail.
Robert Wagner made the plea in May to avoid a second trial in August after a jury declared a mistrial in April.
Wagner's attorney said he will likely only spend 30 days in jail since he already served nine days in jail. Wagner was taken away in handcuffs Wednesday morning. It is still unclear if he will spend that time in jail or under house arrest.
Police said Wagner took a swing at officers in May 2011 while he was visiting his cousin at the hospital. Surveillance video of his arrest showed what happened next, Wagner being kicked on the ground by officers.
Two police officers were fired in the incident. One is now back on the force after an independent arbitrator ruled that she didn't use excessive force during the arrest. The second officer is awaiting his hearing.