EARL WATT
• Leader & Times
A felony count of rape against former Liberal City Manager Rusty Varnado has been dismissed by Magistrate Judge Michael Winner, but Seward County Attorney Russell Hasenbank said the State has appealed the ruling to District Court Chief Judge Clint Peterson.
“That’s pending until the court next hears it,” Hasenbank said.
Varnado was charged with one felony count of rape, one misdemeanor count of sexual battery and one misdemeanor count of lewd and lascivious behavior on Nov. 19, 2024.
According to Hasenbank, a preliminary hearing April 23 was presented to Magistrate Judge Michael Winner, and his decision could be appealed to the district judge by either party once it was rendered. In this case, the State issued the appeal since the charge of rape was dismissed.
“We disagreed with the magistrate’s ruling,” Hasenbank said.
District Chief Judge Clint Peterson will now review the transcripts of the case and determine to either support the dismissal, reverse the dismissal or modify the charges, according to Hasenbank.
Varnado was dismissed by the Liberal City Commission Sept. 26, 2024, after a 45-minute executive session meeting and then public vote to terminate the contract, and later the city reached a separation agreement with Varnado.
He was charged on Nov. 19 and pleaded not guilty to all counts Nov. 20.
The case is now on hold while Judge Peterson reviews the magistrate’s decision, which Hasenbank said could take anywhere from one month to four months or more.
Once Peterson has reached a decision, a status or arraignment hearing will take place to announce the ruling. If Peterson reverses the ruling, the case will move forward to trial including the felony rape charge. If he supports the dismissal, the case will move forward with the misdemeanor charges and without the felony rape charge.
