BEATRICE – A district judge has set a $10 million appearance bond for a Liberty man charged in a case of child abuse allegedly resulting in death.


31-year-old Timothy Erks appeared in Gage County District Court Wednesday afternoon, and Judge Rick Schreiner gave the defendant more time to secure counsel, or have an attorney appointed for him at public expense.


Assistant Gage County Attorney Braden Dvorak said Erks initially had a $1 million bond shortly after his arrest, but the prosecutor said circumstances have since changed, with a more serious charge filed.
"Right after the arrest, a lot has happened since then. One of the victims has died, the investigation has been ongoing. The state is alleging ongoing severe, substantial abuse of two children....one of which the state has information that the child was bound and tortured...which is where the first-degree false imprisonment charge comes into play. One of the children had died due to blunt-force trauma...serious trauma."


Erks asked the judge to set a $50,000 bond, which would require him to post $5,000 for his release. He asked for that level of bond to enable him to help his mother as she works to find legal counsel for him.


Judge Schreiner cited the seriousness of the charges in opting for the $10 million bond.  "Child abuse resulting in death is a serious offense. It does have some comparisons to a murder charge....it just doesn't say murder. At the time the million dollar bond was set in county court, the child was still alive, is that right?Dvorak).."That's correct, your honor. The child victim was in the hospital for I believe, about five or six days after arrest....and the child eventually did die, from his injuries."


Judge Schreiner said the charges in the case are sufficiently similar to a second-degree murder charge and that the law requires a reasonable bond be established.


The judge scheduled the next hearing in the case for October 23rd (9 a.m.)…at which time the issue of securing legal representation or appointing an attorney at public expense, will be addressed. Recently, the judge granted a request by previous defense counsel to withdraw from the case.


Erks is charged with intentional child abuse resulting in death, two counts of committing child abuse with no injury…and one charge of false imprisonment.  The most serious count carries a potential sentence, upon conviction, of 20 years to life in prison.