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PROVO, Utah (AP) -- A former Orem police detective accused of sexually abusing a convenience store clerk missed a court appearance because he had been kicked in the head by a horse, his attorney said.
Barry Nielsen, 40, of Lindon, who had been a sergeant and was an Orem officer for 17 years, was charged in January with two counts of second-degree felony forcible sex abuse and misdemeanor lewdness.
Nielsen is accused of sexually abusing a convenience store clerk, who was in her early 20s, on Nov. 10. He reportedly had met her during his patrol breaks at the store. He resigned shortly before the charges were filed.
He was to have appeared in 4th District Court on Wednesday for a waiver hearing.
Defense attorney John Allan told the court that Nielsen was in the hospital after being injured that morning.
"He was with a young colt and the mare kicked him three times," Allan said, adding that Nielsen's wife had also been struck once by the horse. "I think he's going to be OK."
Judge Lynn W. Davis asked Allan to provide hospital verification of Nielsen's injuries to the prosecution.
Allan requested a preliminary hearing in the case, now set for May 5 at 2:30 p.m.
He also told the judge he would file a motion to get a copy of the accuser's criminal record.
Deputy Utah County Attorney Donna Kelly said that was fine, but the woman has no criminal history.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
